Chapter 1 Boundaries

45-1-1. Boundaries remain as established.

The extent and boundaries of the several cities and towns shall remain as now established by law.

History of Section. G.L. 1896, ch. 4, § 1; G.L. 1909, ch. 4, § 1; G.L. 1923, ch. 4, § 1; G.L. 1938, ch. 4, § 1; G.L. 1956, § 45-1-1 .

Cross References.

Counties, §§ 42-3-1 to 42-3-5 .

Injury to boundary or line markers, § 11-44-11 .

Comparative Legislation.

Boundaries of cities and towns:

Conn. Gen. Stat. §§ 7-113, 7-115.

Mass. Ann. Laws ch. 42, §§ 1—12.

Collateral References.

Capacity to attack fixing or extension of municipal limits or boundary. 13 A.L.R.2d 1279.

Capacity to attack the fixing or extension of limits or boundary of town. 13 A.L.R.2d 1279.

Challenging acts or proceedings by which its boundaries are affected, right of political division to. 86 A.L.R. 1374.

Facts warranting extension or reduction of municipal boundaries. 62 A.L.R. 1011.

Power to detach land from municipal corporation, town or village. 117 A.L.R. 267.

Power to extend boundaries of municipal corporation. 64 A.L.R. 1335.

Right of one governmental subdivision to challenge annexation proceedings by another such subdivision. 17 A.L.R.5th 195.

Chapter 2 General Powers

45-2-1. Charters and special acts.

Every town, city, and district has all the existing powers and privileges, and is subject to all existing duties and liabilities, conferred or imposed upon it by its charter, or by the several acts of the general assembly specially relating to it, until the charter or acts expire by their own limitation, or are revoked or repealed.

History of Section. G.L. 1896, ch. 36, § 9; G.L. 1909, ch. 46, § 9; G.L. 1923, ch. 47, § 10; G.L. 1938, ch. 329, § 1; G.L. 1956, § 45-2-1 .

Cross References.

Home rule powers, R.I. Const., Art. XIII , secs. 1 to 11.

Comparative Legislation.

General powers:

Conn. Gen. Stat. §§ 7-148 — 7-186p.

Mass. Ann. Laws ch. 39, § 1; ch. 40, §§ 1—58.

NOTES TO DECISIONS

Jurisdiction Over Indian Lands.

A municipality has no independent basis upon which it might exercise local jurisdiction over Indian settlement lands, which are necessarily subsumed under the state’s jurisdiction. Rhode Island v. Narragansett Indian Tribe, 19 F.3d 685, 1994 U.S. App. LEXIS 5487 (1st Cir.), cert. denied, 513 U.S. 919, 115 S. Ct. 298, 130 L. Ed. 2d 211, 1994 U.S. LEXIS 6990 (1994).

Collateral References.

Doctrine of de facto existence or powers of municipal corporation as applicable to amendment or revision of charter. 7 A.L.R.2d 1407.

Mistake in reference in statute to municipal charter. 5 A.L.R. 1010; 14 A.L.R. 274.

Validity of statutes and ordinances regulating operation of sexually oriented businesses — Legal issues and principles. 20 A.L.R.6th 161.

45-2-1.1. Authorization of every town, city and district to postpone their budgets and financial town meetings for Fiscal Year 2010-2011.

  1. Notwithstanding any general or public law or rule or local charter or ordinance to the contrary, every city or town council in the State of Rhode Island is hereby authorized to postpone their FY 2010-2011 budget decisions, including their financial town meetings for up to ninety (90) days.
  2. For FY 2010-2011 only, every state or local statute, regulation, ordinance or other rule that requires related action (for example, the certifying of a tax roll) shall be extended for ninety (90) days from the date the statute, regulation, ordinance or other rule otherwise requires.

History of Section. P.L. 2010, ch. 8, § 2.

45-2-2. Power to tax property.

Towns and cities may raise by a tax on real or personal estate, or on both, any money necessary to pay town or city debts, or to defray the charges and expenses of the town or city as described in this chapter; and may include the town’s or city’s proportion of any state tax which may be assessed, in the assessment of the town or city tax, and pay the tax out of the town or city treasury; provided, that the tax is voted on at a legal meeting of the electors of the town or city.

History of Section. G.L. 1896, ch. 36, § 3; G.L. 1909, ch. 46, § 3; G.L. 1923, ch. 47, § 3; G.L. 1938, ch. 329, § 3; G.L. 1956, § 45-2-2 .

Cross References.

Cities included in definition of word “town,” § 43-3-9 .

Exemption of business property from taxation, §§ 44-3-9 to 44-3-11 .

Levy and assessment of local taxes, §§ 44-5-1 to 44-5-45 .

NOTES TO DECISIONS

Local Laws.

Because Providence City Ordinance § 21-1 requires that taxes owed to the city of Providence must be due no later than 30 days following the beginning of each fiscal year, a supplemental tax imposed by the city directly contravened this city ordinance, and the violation of the city’s own ordinance made the tax illegal. A taxing authority must abide by its own ordinances and local laws. Cabana v. Littler, 612 A.2d 678, 1992 R.I. LEXIS 170 (1992).

Collateral References.

Quo warranto to test right of municipal corporation to levy or collect tax. 109 A.L.R. 328.

45-2-2.1. Tax compacts between municipalities.

Cities and towns or their agencies owning ratable property devoted to a public use which is located within any other city or town, and such other city or town where such property is located, respectively, are hereby authorized and empowered to enter into agreements from time to time establishing the amount of taxes on such property and the manner or method for determining said amount for a period of time not exceeding ten (10) years at any one time. Such agreements shall be in writing, shall be approved by the city and/or town council, and shall be signed by the mayor, or like officer, on behalf of cities, and by the president of the town council, on behalf of towns, respectively, and such written agreements, when so made and executed pursuant to this act or pursuant to Chapter 1443 of Public Laws of 1929 as amended by Chapter 1779 of the Public Laws of 1931, shall be valid and binding upon the parties.

History of Section. P.L. 2008, ch. 335, § 1; P.L. 2008, ch. 382, § 1.

45-2-3. Power to appropriate money.

Towns or cities may, at any legal meeting, grant and vote sums of money that they judge necessary:

  1. For the purchase of sites for, and for the erection and repair of, town and city houses and other public buildings;
  2. For the support of schools, and purchase of sites for and the building and repair of schoolhouses; and for the establishing and maintaining of school libraries;
  3. For the use of hospitals, to be expended and paid under limitations and conditions prescribed from time to time by the town or city council;
  4. For the support and maintenance of the poor, and the purchase, erection, and repair of proper buildings for the accommodation of the poor, as well as for the purchase of proper sites for these buildings, and, if they judge expedient, of farms or farm lands, for the employment and support of paupers and others chargeable to them;
  5. For the purchase of proper sites for, houses of correction and reform schools for juvenile offenders, and the purchase, erection, and repair of proper buildings, fixtures, and apparatus for these sites, and the purchase of lands for the employment and support of the inmates of these sites;
  6. For the laying out, making, repairing, and amending of highways;
  7. For the building, repairing, and amending of bridges;
  8. For the improvement, in any manner they may deem fit, of any property belonging to the town or city;
  9. For all necessary charges and expenses arising within the town or city, whether incidental or not to the items enumerated within this section; and
  10. For the allocation of donated monies to specific purpose or purposes as designated by a donor.

History of Section. G.L. 1896, ch. 36, § 4; G.L. 1909, ch. 46, § 4; P.L. 1918, ch. 1629, § 1; G.L. 1923, ch. 47, § 4; G.L. 1938, ch. 329, § 4; G.L. 1956, § 45-2-3 ; P.L. 1992, ch. 208, § 1.

Cross References.

Celebrations, appropriations for, § 25-1-9 .

Highways, federal aid for, §§ 24-4-1 to 24-4-7 .

Highways, laying out and taking, §§ 24-1-1 to 24-1-1 5.

Highways, maintenance, §§ 24-5-1 to 24-5-34 .

Housing authorities, loans or donations to, §§ 45-25-25 , 45-26-9 .

Libraries, free public, §§ 29-4-1 to 29-4-8 .

Maternal and child health, appropriations for, § 23-13-3 .

Needy, support, §§ 40-5-1 to 40-5-21 .

Plant diseases, aid in suppression, §§ 2-17-6 , 2-17-13 , 2-17-18 .

Redevelopment agency, administrative appropriations for, § 45-31-20 .

Redevelopment projects, appropriations for, § 45-33-4 .

Redevelopment revolving fund, appropriations for, § 45-33-1 .

Regional school district planning committee, creation, § 16-3-4 .

Reserve fund, appropriations to, § 45-11-1 .

Schoolhouses, providing for, § 16-9-4 .

Sidewalks, power to establish and regulate, § 24-7-1 .

Veterans’ retraining and reemployment committees, §§ 30-23-1 to 30-23-7 .

Veterans, rolls of honor, §§ 30-28-8 , 30-28-9 .

NOTES TO DECISIONS

In General.

A mere unsupported assertion that an appropriation by a local legislature is ultra vires is insufficient to raise a justiciable question, particularly where the issue is whether an appropriation is for a public purpose. Laverty v. Roberts, 414 A.2d 461, 1980 R.I. LEXIS 1560 (1980).

Farm Products.

A town can enter into a contract to sell surplus milk, but cannot enter into an unconditional contract for the period of a year to sell so much milk a day. Staples v. Walmsley, 27 R.I. 181 , 61 A. 141, 1905 R.I. LEXIS 58 (1905).

Highways and Bridges.

Surveyor of bridges for a town could not make a valid contract in behalf of the town for the building of a bridge, merely because he had discussed the matter of the repair of the old bridge, in the absence of any authorization of the contract by the town. Mathewson v. Hawkins, 19 R.I. 16 , 31 A. 430, 1895 R.I. LEXIS 26 (1895).

Military Bounties.

Towns may not expend money by way of bounty to soldiers enlisted or drafted into the service of the United States. Fiske v. Hazard, 7 R.I. 438 , 1863 R.I. LEXIS 12 (1863).

45-2-3.1. Powers of certain towns.

  1. The towns of Hopkinton, West Greenwich, Richmond, and Charlestown may, at any legal meeting, grant and vote sums of money that they judge necessary:
    1. For the purchase of sites for, and for the erection and repair of, town houses and other public buildings;
    2. For the support of schools, and purchase of sites for and the building and repair of schoolhouses; and for the establishing and maintaining of school libraries;
    3. For the use of hospitals, to be expended and paid under limitations and conditions prescribed from time to time by the town council;
    4. For the support and maintenance of the poor, and the purchase, erection, and repair of proper buildings for the accommodation of the poor, as well as for the purchase of proper sites for these buildings, and, if they judge expedient, of farms or farm lands, for the employment and support of paupers and others chargeable to them;
    5. For the purchase of proper sites for houses of correction and reform schools for juvenile offenders, and the purchase, erection, and repair of proper buildings, fixtures, and apparatus for these sites, and the purchase of lands for the employment and support of the inmates of these sites;
    6. For the laying out, making, repairing, and amending of highways;
    7. For the building, repairing, and amending of bridges;
    8. For the improvement, in any manner they may deem fit, of any property belonging to the town;
    9. For the public health, welfare, recreation, sanitation and landfill, public safety, fire protection, awards and ceremonies, transportation for any of its citizens, university of Rhode Island cooperative extension, mental health, child services, job development and training programs, energy conservation programs, medical and health clinics and services, athletics, and parks and libraries, including the granting and voting of sums to be paid to profit and non-profit corporations which may, in the opinion of those voting, provide any of these services to the town or towns;
    10. For any other services, expenses, or charges deemed to be in the best interests of the town or towns by a majority of those voting; the grant and vote by a majority of those voting is prima facie evidence that the expenditure and appropriation is permitted under this section; and
    11. For all necessary charges and expenses arising within the town, whether incidental or not to the items enumerated in this section.
  2. It shall be the duty of the appropriate elected and appointed officials of any town to carry into effect any and all authorized appropriations.
  3. Any grant, vote, or appropriation of sums already made for any of the above charges, expenses, and services by any of the towns are hereby ratified in every respect.

History of Section. P.L. 1981, ch. 366, § 1; P.L. 1985, ch. 35, § 2; P.L. 1985, ch. 206, § 1.

NOTES TO DECISIONS

Abstention.

An abstention is not a vote, and therefore, the moderator erred in equating abstentions with negative votes. Mageau v. Wedlock, 505 A.2d 414, 1986 R.I. LEXIS 412 (1986).

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

  1. 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.
  2. 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;
      1. 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.
      2. 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 .
  3. Prior to the adoption of any appropriation or levy pursuant to 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.
  4. 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.
  5. Any tax levy adopted pursuant to subsection (b)(1) or (b)(2) of this section shall be subject to all of the provisions of chapter 35 of title 44.

History of Section. P.L. 2006, ch. 253, § 4; P.L. 2020, ch. 14, § 1; P.L. 2020, ch. 19, § 1.

Compiler’s Notes.

P.L. 2020, ch. 14, § 1, and P.L. 2020, ch. 19, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2020, ch. 14, § 3 provides that the amendment to this section by that act takes effect upon passage [June 24, 2020], and shall be deemed retroactive to March 9, 2020.

P.L. 2020, ch. 19, § 3 provides that the amendment to this section by that act takes effect upon passage [June 24, 2020], and shall be deemed retroactive to March 9, 2020.

45-2-3.3. Background checks.

Notwithstanding any provision of the general or public laws to the contrary, any person seeking to work or volunteer for a municipal recreation department, or any municipal recreation department having the written authorization of a person seeking to work or volunteer for the municipal recreation department, may request a Rhode Island criminal history background check from their local police department for that person. The Rhode Island criminal history background check shall be a certified true copy of the criminal record report and shall bear indicia of authenticity including being printed on local police department letterhead with a raised seal and bearing the signature of a duly appointed local police officer.

Further, notwithstanding any provision of the general or public laws to the contrary, any person seeking to work or volunteer for a fire department or fire district located in the town of Burrillville, or any fire department or fire district having the written authorization of a person seeking to work or volunteer for the fire department or fire district located in the town of Burrillville, may request a Rhode Island criminal history background check from the Burrillville Police Department for that person. The Rhode Island criminal history background check shall be a certified true copy of the criminal record report and shall bear indicia of authenticity including being printed on Burrillville Police Department letterhead with a raised seal and bearing the signature of a duly appointed Burrillville Police Officer.

History of Section. P.L. 2011, ch. 354, § 1; P.L. 2011, ch. 362, § 1; P.L. 2014, ch. 274, § 1; P.L. 2014, ch. 332, § 1.

Compiler’s Notes.

P.L. 2011, ch. 354, § 1, and P.L. 2011, ch. 362, § 1 enacted identical versions of this section.

P.L. 2014, ch. 274, § 1, and P.L. 2014, ch. 332, § 1 enacted identical amendments to this section.

45-2-3.4. Background checks.

  1. Any person seeking employment as a firefighter with any city or town in Rhode Island shall undergo a national and state criminal background check to be initiated prior to, or within one week of, employment after receiving a conditional offer of employment.
  2. The applicant shall apply to the bureau of criminal identification (BCI), department of attorney general, state police, or the local police department where he or she resides, for a national and state criminal records check. Fingerprinting shall be required. The applicant shall be responsible for the cost of conducting the national and state criminal records check.
  3. At the completion of the criminal background check required by this section, the attorney general, state police, or the local police department shall promptly destroy the fingerprint record of the applicant.

History of Section. P.L. 2014, ch. 425, § 1; P.L. 2014, ch. 452, § 1.

Compiler’s Notes.

P.L. 2014, ch. 425, § 1, and P.L. 2014, ch. 452, § 1 enacted identical versions of this section.

45-2-4. Power to own property and make contracts.

Cities and towns may take, purchase, and hold real and personal property, and alienate and convey the property; and may also take, hold, and manage the property in trust for any charitable, other than religious, uses, and may make all contracts, including lease or lease-purchase agreements of real and personal property, necessary and convenient for the transaction of the business of the city or town.

History of Section. G.L. 1896, ch. 36, § 2; G.L. 1909, ch. 46, § 2; G.L. 1923, ch. 47, § 2; G.L. 1938, ch. 329, § 2; P.L. 1970, ch. 265, § 1.

Cross References.

Animal pounds, § 4-15-1 .

Capacity to sue and be sued, § 45-15-1 .

Cemeteries and burial grounds, § 23-18-10 .

Navigation and flood control projects, agreements with federal government, §§ 46-2-7 to 46-2-26 .

Off-street parking facilities, R.I. Const., Art. VI , sec. 20.

Parks, commons, and recreation systems, §§ 32-3-1 to 32-3-12 .

Prisoner labor, contracting for, § 13-7-5 .

Sales and use taxes, exemption from, § 44-18-30 .

Shore development, §§ 46-3-1 to 46-3-20 .

Water supply, §§ 39-15-1 to 39-15-12 .

NOTES TO DECISIONS

City Council.

Prior approval of the city council was not required in order for the board of contract and supply to enter into a street-sweeping and debris-collecting contract. Xavier v. Cianci, 479 A.2d 1179, 1984 R.I. LEXIS 572 (1984).

Conveyance of Property.

Legal title of land given to inhabitants for use of the ministry was effectively conveyed on direction of state legislature by an incorporated church with the city council concurring. In re Callan, 52 R.I. 313 , 160 A. 921, 1932 R.I. LEXIS 57 (1932).

City was not authorized by this section to convey the fee title of land which had been used for a fire station to a historical society to be used as a museum. Buckhout v. Newport, 68 R.I. 280 , 27 A.2d 317, 1942 R.I. LEXIS 66 (1942) (decision prior to enactment of § 45-2-5 ).

Extent of Power.

This section does not authorize a city to grant an exclusive franchise to operate a community antenna television service in the city because of the fact that such franchise includes permission to use city property, to wit, the streets. Nugent ex rel. Hurd v. City of East Providence, 103 R.I. 518 , 238 A.2d 758, 1968 R.I. LEXIS 824 (1968).

Street sweeping is a proprietary function that may be performed either by the city government or a private contractor. Xavier v. Cianci, 479 A.2d 1179, 1984 R.I. LEXIS 572 (1984).

Municipality as Trustee.

Municipal corporations have the same power to manage and administer through their appropriate agents and officers the corpus of a trust for charitable uses as that possessed by private corporations subject to the terms of the trust. Raymond Constr. Co. v. Bisbano, 114 R.I. 1 , 326 A.2d 858, 1974 R.I. LEXIS 1051 (1974).

Property Covered.

This section refers only to such property as a city or town may acquire, hold and use in its proprietary capacity. Buckhout v. Newport, 68 R.I. 280 , 27 A.2d 317, 1942 R.I. LEXIS 66 (1942).

Trust Property.

Hospital was not accountable to the city for its administration of a trust merely because the city could hold property in trust. Stearns v. Newport Hosp., 27 R.I. 309 , 62 A. 132, 1905 R.I. LEXIS 91 (1905).

Collateral References.

Invalid contract, right to return in specie of consideration received by town under, or to declaration of trust in respect of, or otherwise to assert claim upon, property into which consideration has been converted. 93 A.L.R. 441.

Mortgage or pledge of property or income therefrom, power as to. 71 A.L.R. 828.

Power of board to make contract extending beyond its own term. 70 A.L.R. 794; 149 A.L.R. 336.

Power of municipal corporation to lease or sublet property owned or leased by it. 47 A.L.R.3d 19.

Right of town to enforce against other party contract which was in excess of former’s power, or which did not comply with conditions of its power in that regard. 122 A.L.R. 1370.

Trust, power of municipal corporation to accept and administer. 10 A.L.R. 1368.

45-2-5. Power to use, lease, or dispose of property no longer needed.

In addition to the powers previously granted by charter or the public laws of the state with respect to the purchase and sale of land, the city council of any city and the town council of any town, if it sees fit so to do, is hereby authorized, from time to time, to sell, lease, convey, or use for any other public or municipal purpose or purposes, or for any purpose whatsoever, any lands or properties owned by the city or town, which have been purchased, acquired, used, or dedicated in any manner for municipal or other public purposes, whenever, in the opinion of the city council or town council, the lands or properties have become unsuitable or have ceased to be used for those purposes.

History of Section. P.L. 1946, ch. 1798, § 1; G.L. 1956, § 45-2-5 ; P.L. 1959, ch. 45, § 1.

Cross References.

Transfer of control of parks to and from metropolitan park district, § 32-2-7 .

NOTES TO DECISIONS

Conveyance of Property.

City’s conveyance by quitclaim deed of a piece of property, which had been devised to the city for use as either a public highway or a municipal water system, violates this section and is void ab initio. Ruggieri v. East Providence, 593 A.2d 55, 1991 R.I. LEXIS 125 (1991).

Disposition.

Municipality had no inherent power to dispose of land which had been devoted to public use without specific legislative authority, and such authority could not be implied from a general grant of power to alien and convey. Buckhout v. Newport, 68 R.I. 280 , 27 A.2d 317, 1942 R.I. LEXIS 66 (1942).

Where a city had condemned property for a school, which was never built, the city retained a fee simple interest in the land, and its subsequent decision to dispose of the property under this section, while manifesting an intent to abandon the original condemnatory purpose, did not demonstrate an intent to abandon the property itself. Wood v. East Providence, 811 F.2d 677, 1987 U.S. App. LEXIS 2107 (1st Cir. 1987).

Franchises.

The plenary powers in this section of a city to deal with its property does not by implication authorize a city to grant an exclusive franchise to operate a community antenna television service in the city because of the fact that such franchise includes permission to use the city streets. Nugent ex rel. Hurd v. City of East Providence, 103 R.I. 518 , 238 A.2d 758, 1968 R.I. LEXIS 824 (1968).

Leasing.

If the city in its corporate capacity owns the dock, in the same manner as the dock might be owned by an individual or private corporation, then of course, the control thereof may be leased to another as fully as though the lease were negotiated between private parties, unless the property, when acquired by the city, was already dedicated to a common use in the public, or after its acquisition by the city, the public acquired rights by prescription. Thompson v. Sullivan, 88 R.I. 305 , 148 A.2d 130, 1959 R.I. LEXIS 10 (1959).

Since there is no evidence from which it could be determined that there was any wharf or dock on the easterly or southerly sides of Gravelly Point at the time the property was acquired by the city in 1875, the rights of the city to the dock would be property within the meaning of this section and the control of 250 feet thereof by the lessor under the lease in question was properly the subject of the leasehold interest unless otherwise prohibited. Thompson v. Sullivan, 88 R.I. 305 , 148 A.2d 130, 1959 R.I. LEXIS 10 (1959).

Lease by city of portion of city park to organization to help retarded children for purpose of building a recreational facility was not intended to dispose of municipal property within the purview of this section. Angel v. Newport, 109 R.I. 558 , 288 A.2d 498, 1972 R.I. LEXIS 1219 (1972).

Written Instruments.

Where charter and ordinances of city vested legislative power and provided that written instruments entered into by the city “shall be signed and executed by the mayor,” the actual signing and execution of the document by the mayor was a ministerial action that could be compelled by mandamus. Providence & Worcester Co. v. Blue Ribbon Beef Co., 463 A.2d 1313, 1983 R.I. LEXIS 1035 (1983).

Collateral References.

Conveyance by municipality as carrying title to center of highway. 2 A.L.R. 35; 123 A.L.R. 555; 49 A.L.R.2d 982.

Hiring or leasing public property to private persons for occasional use, rights, duties and remedies in respect of. 86 A.L.R. 1175.

Lease or sublease of property, power as to. 47 A.L.R.3d 19.

Power of municipal corporation to lease or sublet property owned or leased by it. 47 A.L.R.3d 19.

Sale of real property, power as to, as dependent upon whether property is held in governmental or proprietary capacity. 141 A.L.R. 1449.

45-2-5.1. Westerly municipal land trust.

The town council of the town of Westerly is hereby authorized and permitted to exercise its discretion to transfer and convey certain real estate to the Westerly Municipal Land Trust, without monetary consideration, provided that such real estate shall be of such character and condition as shall be appropriate of the purposes of said Land Trust, and provided further that such real estate shall be conveyed to said Land Trust with the express restriction that the same shall not be further transferred or conveyed to any other person or entity for value or otherwise, without the express approval of said town council, and, in the event of a sale, all procedures for the sale of municipal real estate shall be applied and the proceeds thereof shall be deemed the property of the town of Westerly.

History of Section. P.L. 2007, ch. 325, § 1; P.L. 2007, ch. 428, § 1.

45-2-5.2. Prudence Island school foundation.

Notwithstanding any provision of the general laws to the contrary, including, but not limited to, the provisions of § 45-2-6 , the town council of the town of Portsmouth is hereby authorized and permitted to exercise its discretion to give, grant, bargain, sell, transfer and/or convey to the Prudence Island School Foundation, all of its right, title, and interest in and to those certain lots or parcels of land, including and together with all buildings and improvements located thereon, situated on Prudence Island in the town of Portsmouth, Rhode Island, within the plat entitled “Plat of Prudence Park” and numbered as Lots 824, 825, 826 and 827 as recorded in the office of the Portsmouth Land Evidence Records in Plan Book 1 on pages 2 and 3 and on pages 6 and 7 (the “property”) to the Prudence Island School Foundation, a Rhode Island nonprofit corporation, subject to those rights of reversion set forth in the deed recorded on July 2, 1896, in Book 20 on Page 403 and the deed recorded on November 26, 1997, in Book 516 on Page 114 of the Portsmouth Land Evidence Records, if the property shall cease to be used for educational purposes.

History of Section. P.L. 2020, ch. 30, § 1; P.L. 2020, ch. 32, § 1.

Compiler’s Notes.

P.L. 2020, ch. 30, § 1, and P.L. 2020, ch. 32, § 1 enacted identical versions of this section.

45-2-6. Lands given for specific use not subject to disposal.

Nothing in § 45-2-5 shall be construed to authorize the sale, lease, or conveyance of lands or improvements acquired by gift or devise for the public use, whether or not the gift or devise is subject to a condition subsequent or reverter; and no property held by any city or town as part of a charitable trust shall be considered to come within the provisions of § 45-2-5 .

History of Section. P.L. 1946, ch. 1798, § 2; G.L. 1956, § 45-2-6 .

NOTES TO DECISIONS

Conveyance of Property.

City’s conveyance by quitclaim deed of a piece of property, which had been devised to the city for use as either a public highway or a municipal water system, violates this section and is void ab initio. Ruggieri v. East Providence, 593 A.2d 55, 1991 R.I. LEXIS 125 (1991).

45-2-7. Providence school land unaffected.

Nothing in §§ 45-2-5 and 45-2-6 shall be construed to amend the provisions of § 15 of chapter 680 of the Public Laws of 1925, entitled “An Act Relative to the Management and Support of the Public Schools of the City of Providence”.

History of Section. P.L. 1946, ch. 1798, § 3; G.L. 1956, § 45-2-7 .

45-2-8. Ratification of prior conveyances.

All sales, conveyances, leases, or other dispositions of any lands or properties purchased, acquired, used, or dedicated in any manner by a city or town for municipal or other public purposes, purporting to have been made on behalf of the city or town for a valuable consideration prior to April 25, 1946, are hereby ratified, confirmed, and validated as of the date when made; provided, that this section shall not be construed to include any lands or properties acquired by gift or devise for the public use, whether or not the gift or devise is subject to a condition subsequent or reverter, or to property held by any city or town as part of a charitable trust.

History of Section. P.L. 1952, ch. 2920, § 1; G.L. 1956, § 45-2-8 .

45-2-9. Continuation in force of town and city laws.

The acts, laws, and orders of towns and cities shall continue in force until altered or annulled by vote of the town or city, or by law.

History of Section. G.L. 1896, ch. 36, § 10; G.L. 1909, ch. 46, § 10; G.L. 1923, ch. 47, § 11; G.L. 1938, ch. 329, § 12; G.L. 1956, § 45-2-9 .

Cross References.

Billiard tables, regulation, § 5-2-1 et seq.

Boiler regulations void, § 28-25-18 .

Bowling alleys, regulation, § 5-2-1 et seq.

Curfew streets, designation, § 11-9-11 .

Detectives, licensing, § 5-5-1 et seq.

Dog ordinances, § 4-13-1 et seq.

Drainlayers, licensing, § 5-20-11 .

Drinking water sources, protection from pollution, §§ 46-14-4 , 46-14-5 .

Elevators, escalators, and dumbwaiters, municipal regulation, § 23-33-28 .

Employment agencies, regulation, §§ 5-7-1 , 5-7-2 .

Franchises, power to grant, § 39-17-1 et seq.

Harbors, control, § 46-4-2 .

Horse racing, § 41-3-1 et seq.

Hospital or camp for communicable disease, local authorization required, § 23-6-8 .

Laundries, regulation, § 5-16-1 et seq.

Milk, regulation of production and sale, § 21-2-16 .

Mosquito control, § 23-7-1 et seq.

Noxious trades, right to prohibit, § 23-23.5-1 .

Outboard motors, registration, § 46-8-1 et seq.

Outdoor advertising, regulation, § 5-18-1 et seq.

Parking meters, §§ 31-28-2 , 31-28-3 .

Peddlers, regulation, § 5-11-18 .

Pedestrians, regulation, § 31-18-2 .

Plumbing, power to regulate repair and installation, § 5-20-26 .

Quarantine of vessels, § 23-9-1 et seq.

Sanitary regulations, § 23-19.2-1 et seq.

Second-hand dealers, licensing, §§ 5-21-1 , 5-21-2 .

Soda and cream of tartar, inspection, § 21-26-1 et seq.

Sunday business, control over, § 5-23-1 et seq.

Taverns, victualing-houses, cook-shops, oyster-houses, and oyster-cellars, regulation, § 5-24-1 et seq.

Theatrical performances, regulation, § 5-22-1 et seq.

Traffic regulations, § 31-12-12 et seq.

45-2-10. Election and appointment of officers and agents.

Towns and cities may and shall elect all town and city officers as are, or may be, required by law, and may appoint any other officers as empowered by law, and any special agents for the transaction of any town or city business, not required by law to be performed by any officer known to the law, as they may deem expedient.

History of Section. G.L. 1896, ch. 36, § 11; G.L. 1909, ch. 46, § 11; G.L. 1923, ch. 47, § 12; G.L. 1938, ch. 329, § 13; G.L. 1956, § 45-2-10 .

Cross References.

School committees and superintendents, §§ 16-2-1 to 16-2-32 .

NOTES TO DECISIONS

In General.

Election of town auditor pursuant to a resolution adopted at a financial town meeting did not constitute the auditor a town officer. Foster v. Angell, 19 R.I. 285 , 33 A. 406, 1895 R.I. LEXIS 77 (1895).

A town exceeded its authority in voting for a harbor commission, since the commissioners would be officers of the town which the financial town meeting could not elect, since that is a matter for all the town. Capone v. Nunes, 85 R.I. 392 , 132 A.2d 80, 1957 R.I. LEXIS 39 (1957).

Scope of Authority to Appoint.

This section does not give the financial town meeting authority to appoint an auditing committee and require that all bills and claims be approved by the auditing committee. H. P. Cornell Co. v. Barber, 31 R.I. 358 , 76 A. 801, 1910 R.I. LEXIS 79 (1910); Quinn v. Barber, 31 R.I. 538 , 77 A. 1003, 1910 R.I. LEXIS 90 (1910).

Collateral References.

Office, power of common council to reconsider confirmation of appointment. 89 A.L.R. 162.

Offices or positions, validity and effect of ordinance or resolution purporting to create indefinite number of, and to authorize appointment of as many persons as shall from time to time be deemed necessary. 110 A.L.R. 241.

45-2-11. Medical services for employees.

Each city and town is hereby authorized and empowered, through its respective legislative body, to enact ordinances for the purpose of providing hospital, medical, surgical, nursing, dental, and other health care and services for the protection of the health of any or all of the employees of the city or town and/or their dependents, and/or of any or all of the employees presently retired or who may retire and/or their dependents, as the legislative body may deem desirable, under any nonprofit plan or plans established, maintained, and operated by a nonprofit hospital service corporation, and/or by a nonprofit medical service corporation, organized under the laws of this state, and to appropriate from time to time, in the manner provided by law for appropriations and expenditures by the city or town, any sums necessary for the purpose of providing that care and service.

History of Section. G.L. 1938, ch. 329, § 38; P.L. 1947, ch. 1968, § 1; G.L. 1956, § 45-2-11 ; P.L. 1962, ch. 152, § 1.

Collateral References.

Public officers as within constitutional or statutory provisions referring to “employees”. 5 A.L.R.2d 415.

45-2-12. Town of New Shoreham may establish police court.

  1. The town of New Shoreham, by vote of any regular or special financial town meeting, may establish a police court and confer upon the court original jurisdiction to hear and determine criminal causes involving the violation of any ordinance of the town council of the town; provided, that due notice of the proposition is contained in the call of any meeting voting the proposition; and provided further, that any defendant found guilty of any offense within the jurisdiction of the town by the court may within seven (7) days of conviction file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo.
  2. Upon the passage of the vote for the establishment of a police court, the town council of the town of New Shoreham is authorized and empowered to appoint a judge of the court, to enact ordinances governing the procedure to be followed in the court, the appointment of personnel, and the duties and qualifications of personnel, to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court.
  3. The police court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court shall be empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1965, ch. 19, § 1; P.L. 1993, ch. 90, § 1.

45-2-13. City of Pawtucket — Municipal police court — Municipal housing court.

  1. The city council of the city of Pawtucket may establish a municipal police court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance; provided, that any defendant found guilty of any offense, excluding violations of the city’s minimum housing ordinances and zoning ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to the Providence superior court and be entitled in the latter court to a trial de novo.
  2. The city council of the city of Pawtucket may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the city and any violation of the provisions of chapter 24 of this title, entitled the Rhode Island zoning enabling act of 1991, and any violation of the provisions of chapter 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one and two (2) family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance code, and SBC-8 Rhode Island state energy conservation code; and provided, further, that any party aggrieved by a final judgment, decree or order of the Pawtucket housing court may, within twenty (20) days after entry of this judgment, decree or order, petition to the supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved. The petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari to the Pawtucket housing court to certify to the supreme court the record of the proceedings of the case together with and transcript of the proceedings by the petitioner at his expense.
  3. With respect to violations of either municipal ordinances dealing with minimum housing or zoning regulations, or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, or chapter 24 et seq., of this title dealing with enforcement of zoning regulations, the city council may also confer upon the Pawtucket housing court, in furtherance of its jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes; or
    4. To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.
  4. The city council of the city of Pawtucket is authorized and empowered to appoint a judge to serve as both the municipal police court judge and the municipal housing court judge. The city council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal courts created by this section may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of one thousand dollars ($1,000), or both. The courts are empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1995, ch. 17, § 2; P.L. 2012, ch. 57, § 1; P.L. 2012, ch. 73, § 1.

Compiler’s Notes.

P.L. 2012, ch. 57, § 1, and P.L. 2012, ch. 73, § 1 enacted identical amendments to this section.

Repealed Sections.

Former § 45-2-13 (P.L. 1968, ch. 213, § 1; P.L. 1988, ch. 235, § 1; P.L. 1990, ch. 123, § 1), concerning the City of Pawtucket police court, was repealed by P.L. 1995, ch. 17, § 1, effective July 1, 1995. Section 2 of P.L. 1995, ch. 17 enacted the above section.

45-2-14. City of Central Falls — Police court.

  1. The city council of the city of Central Falls may by ordinance confer upon the police court of the city of Pawtucket original jurisdiction to hear and determine criminal causes involving the violation of any ordinance of the city of Central Falls; provided, that any defendant found guilty of any offense within the jurisdiction by the court may within seven (7) days of the conviction file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo.
  2. The city council of the city of Central Falls is authorized and empowered to enact ordinances governing the procedure to be followed in the court, the appointment of personnel, and the duties and qualifications of personnel, to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court not inconsistent with Pawtucket ordinances governing court management.
  3. The police court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of two hundred dollars ($200), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt. The court is to be held in the city of Pawtucket.

History of Section. P.L. 1974, ch. 182, § 1.

45-2-15. Repealed.

Repealed Sections.

This section (P.L. 1974, ch. 185, § 1; P.L. 1985, ch. 127, § 1; P.L. 1994, ch. 146, § 1; P.L. 1999, ch. 121, § 1; P.L. 2004, ch. 256, § 1), concerning residence requirements of police officers and firefighters, was repealed by P.L. 2005, ch. 294, § 1, and by P.L. 2005, ch. 311, § 1, effective July 15, 2005.

45-2-15.1. Police officers and firefighters — Residency within municipality or state not required.

Notwithstanding any prior ratification and validation by the general assembly of any home rule charter provision requiring that police officers and firefighters reside within the employing city, town, or state of Rhode Island, no home rule charter provision shall require that a police officer or firefighter reside within the city, town, or state of Rhode Island as a condition of appointment or continued employment. Any prior ratification and validation by the general assembly of a home rule charter provision requiring residency within a city, town, or the state of Rhode Island as a condition for employment of a police officer or firefighter is hereby expressly repealed by the general assembly; further, no city or town council shall make or ordain any ordinance requiring a police officer or firefighter to reside within the employing city, town, or state of Rhode Island as a condition of appointment or continued employment. Any existing ordinance requiring a police officer or firefighter to reside within the employing city, town, or state of Rhode Island as a condition of appointment or continued employment is hereby considered contrary to the laws of this state and is thus void as being in violation of state law.

History of Section. P.L. 2005, ch. 294, § 2; P.L. 2005, ch. 311, § 2; P.L. 2017, ch. 121, § 1; P.L. 2017, ch. 139, § 1.

Compiler’s Notes.

P.L. 2017, ch. 121, § 1, and P.L. 2017, ch. 139, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Applicability.

Failure to comply with a city ordinance requiring that city employees and appointees reside within the city was grounds for dismissal of the city treasurer notwithstanding a state statute prohibiting municipalities from requiring such residence by the police and fire department members since the latter requirement is within the legislature’s prerogative to specify what municipalities may do with regards to employees who aid or assist in the discharge of a state responsibility. Loiselle v. East Providence, 116 R.I. 585 , 359 A.2d 345, 1976 R.I. LEXIS 1310 (1976).

Home Rule Charter.

Section 1210 of the home rule charter of the city of Providence, which requires city residency for city employees, is a special act which takes precedence over inconsistent provisions of the general laws to the extent that they apply to Providence. Local No. 799, Int'l Ass'n of Firefighters v. Napolitano, 516 A.2d 1347, 1986 R.I. LEXIS 547 (1986).

Collateral References.

Enactments relating to requirement of residency as condition of continued employment for policemen or firemen. 4 A.L.R.4th 380.

45-2-15.2. Municipal employees — Residency within municipality not required.

Notwithstanding any prior ratification and validation by the general assembly of any home rule charter provision requiring that municipal employees reside within the employing city or town, no home rule charter provision shall require that a municipal employee reside within the city or town as a condition of appointment or continued employment. Any prior ratification and validation by the general assembly of a home rule charter provision requiring residency within a city or town as a condition for employment of a municipal employee is hereby expressly repealed by the general assembly; provided, further, no city or town council shall make or ordain any ordinance requiring a municipal employee to reside within the employing city or town as a condition of appointment of continued employment. Any existing ordinance requiring a municipal employee to reside within the employing city or town as a condition of appointment or continued employment is hereby considered contrary to the laws of this state and is thus void as being in violation of state law. Nothing in this chapter shall preclude any city or town from offering employment incentives to its employees.

Notwithstanding the foregoing, no city or town with a municipal charter shall be precluded from entering into employment contracts which contain residency requirements with their appointed town or city manager(s) and/or town or city administrator(s).

History of Section. P.L. 2005, ch. 294, § 3; P.L. 2005, ch. 311, § 3; P.L. 2006, ch. 629, § 1.

45-2-16. Naming of city or town constructions.

Every city or town has the exclusive right, power, and authority to name any and all city or town sponsored projects, including, but not limited to, buildings, bridges, edifices, and any and all other construction or erection sponsored by the town or city and also including all projects constructed or erected pursuant to authority extended to municipal committees of city or town government, including, but not limited to, school committees or housing authorities. Each city and town may select committees through their representative councils for the purpose of determining the name to be selected.

History of Section. P.L. 1975, ch. 295, § 1.

45-2-17. Regulation of liquefied natural gas facilities.

  1. For purposes of this section, the definition of “liquefied natural gas” as stated in § 39-1-2 applies.
  2. Purpose. The General Assembly hereby recognizes the importance of establishing procedures and standards for the supervision and regulation by the state and by the cities and towns of the use, storage, transportation, location, construction, and maintenance of liquefied natural gas and liquefied natural gas storage facilities. The establishment of these procedures and standards is hereby declared to be a reasonable exercise of the police power of the general assembly and necessary to afford the highest possible degree of protection against the potential hazards of explosion and fire presented by the use, transportation, storage, and location of liquefied natural gas. The general assembly hereby declares also that it is in the interest of the public health, safety, and welfare that the use, storage, transportation, and location of liquefied natural gas or liquefied natural gas facilities be supervised, regulated, and controlled in accordance with the provisions of this section.
  3. From and after June 4, 1976, no liquefied natural gas storage facility, including any facility for which any application is pending before any state or local governmental body or agency on June 4, 1976, shall be established nor shall construction of the facility be commenced or storage of the gas begin or any permit or license be issued reasonably related to the facility unless and until the public utilities commission of the state of Rhode Island issues a final approval and license in accordance with the provisions of this section.
  4. The public utilities commission, the division of fire safety, and every town and city shall each promulgate and adopt rules and regulations or enact ordinances establishing procedures and standards for the supervision, regulation, and control of the use, location, construction, storage, and maintenance of liquefied natural gas and liquefied natural gas storage facilities.

    The procedures for the adoption and promulgation of the rules and regulations shall be those provided in chapter 35 of title 42.

  5. Before any permit or license may be issued for the construction, or location, of a liquefied natural gas facility or for the storage of liquefied natural gas, the following procedures must be followed and complied with:
    1. All permit or license applications must also be filed with the public utilities commission and the state fire marshal’s office.
    2. Prior to the issuance of any permit or license there shall be a public hearing with notice given by the city or town where the storage area or facility is proposed to be located or where the liquefied natural gas is proposed to be stored. Notice of the hearing shall be given at least two (2) weeks before the date set for the hearing and shall be given on at least three (3) separate occasions prior to the hearing date. Notice shall be by advertisement in a local or statewide newspaper, whichever has the greater circulation in the city or town where the site is to be located or where the storage is proposed to be. Notice shall be by block advertisement of at least two and one half (21/2) inches by two and one half (21/2) inches square. The notice shall state the subject matter of the hearing and the date, time, and place of the hearing.
    3. The city or town council must review and give final approval as to any decision granting the issuance of a license or permit pertaining to the siting or location of the facility, the building or construction of the facility, and the storage of the liquefied natural gas with notice and public hearings required as set forth in subsection (e)(2) of this section.
    4. Upon the granting of the final approval of a city or town on the issuance of a license or permit as set forth in subsection (e)(3) of this section and before issuance of the permit or license, a permit must be applied for, approved, and issued by the state fire marshal’s office and the public utilities commission in accordance with the general laws of the state of Rhode Island and the rules and regulations established by the respective state agencies.
  6. The provisions of this section are in addition to any and all other conditions or provisions of applicable law and are not to be construed to be in amendment of or in repeal of any other applicable provision of law.

History of Section. P.L. 1976, ch. 270, § 4.

NOTES TO DECISIONS

Constitutionality.

Regulations promulgated pursuant to state law and concerning two-way radios, immediate reporting of accidents, illumination of headlights and inspections of vehicles transporting liquefied natural and petroleum gases are reasonable means of serving legitimate state interests and are not violative of the commerce or equal protection clauses. National Tank Truck Carriers, Inc. v. Burke, 535 F. Supp. 509, 1982 U.S. Dist. LEXIS 17473 (D.R.I. 1982), aff'd, 698 F.2d 559, 1983 U.S. App. LEXIS 30885 (1st Cir. 1983).

Preemption.

Regulations promulgated pursuant to this section and concerning applications and permits for the transportation of liquefied natural and petroleum gases, a curfew on the hours of transportation and subsequent written notice of accidents were preempted by the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. National Tank Truck Carriers, Inc. v. Burke, 535 F. Supp. 509, 1982 U.S. Dist. LEXIS 17473 (D.R.I. 1982), aff'd, 698 F.2d 559, 1983 U.S. App. LEXIS 30885 (1st Cir. 1983).

45-2-18. City of Providence — Establishment of department of public parks.

  1. There is hereby created, in the city of Providence, a department of public parks. The division of public lands and parks of the department of public property is hereby eliminated.
  2. The department of public parks is responsible, subject to the authority of the board of park commissioners of the city of Providence, for all public parks and for all structures and facilities located therein including the zoo and museum located in Roger Williams park, for all municipal burial grounds and for all structures and facilities located therein, and for all street trees within the city of Providence. It is responsible for the administration, planning, design, construction, planting, alterations, maintenance, operations, and repairs to the public parks. No other city department, board, bureau, commission, or other agency may undertake any plan, activity, construction, or operation in or involving any public park of the city except by permission of the board of park commissioners.
  3. The department of public parks is headed by the superintendent of parks who is appointed by the board of park commissioners and who has the status of a department head with all the powers and duties appertaining thereto, is subject to all provisions of the city charter relating to department heads, and takes an oath of office as provided in § 4.4 of the city charter. The department of public parks consists of five (5) divisions. The head of each division is appointed by the superintendent and will be subordinate to the superintendent of parks. The five (5) divisions are as follows:
    1. The division of parks, headed by the deputy superintendent of parks.
    2. The division of burial grounds, headed by the superintendent of the north burial ground.
    3. The zoo division, headed by the director of the Roger Williams park zoo.
    4. The division of forestry, by the city forester.
    5. The museum division, headed by the director of the Roger Williams park museum.
  4. In addition to the heads of divisions, the superintendent of parks will be assisted by assistant superintendents and other employees that may be authorized for the department of public parks under ordinances previously or hereafter enacted.
  5. It is hereby prescribed that in an open, public, equitable, and competitive manner, the department of public parks shall select the vendor and negotiate the price and terms of any procurement for the department of public parks of value less than the amount set by law for procurement through the board of contract and supply. Authorization for payment of these purchases issued by the department of public parks shall be paid within thirty (30) days by the city controller up to the total amount appropriated in the city budget for the operation of the department.
  6. No funds appropriated to the department of public parks or income from trust funds donated to the city for the facilities or programs thereof or income derived from the sale of surplus property belonging to the department of parks may be transferred to or used to pay the bills of any other city department, board, bureau, commission, or other agency, nor may any personnel paid from funds appropriated to the department of public parks be transferred to or assigned to work on any program or project of any other city department, board, bureau, commission, or other agency without the express written permission of the superintendent, subject to the approval by the board of park commissioners. No expenditure shall be made by the city controller or by any other city employee of any funds appropriated to or trust funds donated for the facilities or programs of the department of public parks except upon written authorization of the superintendent of parks or the board of park commissioners. No park land, structure, or facility may be transferred to any other city department, board, bureau, commission, or other agency without the consent of the board of park commissioners.
  7. In any case where the provisions of this section or of any regulation issued by the superintendent of parks or the board of park commissioners of the city pursuant to this section is found to be in conflict with the provisions of any ordinance, resolution, rule, or regulation of the city of Providence other than the city charter, the provisions of this section shall apply. Nothing in this section shall be construed to abolish, affect, or in any way reduce or diminish any of the powers previously granted by charter and ordinance to the board of park commissioners.

History of Section. P.L. 1977, ch. 221, § 1.

NOTES TO DECISIONS

No Conflict With Charter.

The acting personnel director of the city of Providence did not have the power to fire supervisory personnel of the Providence public parks department, since this section is not in conflict with the Providence Home Rule Charter. Therefore, the provisions of the charter did not supersede those in this section. Cocchini v. Providence, 479 A.2d 108, 1984 R.I. LEXIS 574 (1984).

45-2-19. City of Warwick — Municipal court.

  1. The city council of the city of Warwick may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may, within five (5) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, that any defendant found guilty of any violation of a minimum housing ordinance, or of chapter 24.3, may, within five (5) days of the conviction, file an appeal from the conviction to the third division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 of this title dealing with housing maintenance and occupancy, the city council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes; or
    4. To utilize and apply the provisions set forth in chapter 44 of title 34 (Abandoned Property).
  3. The mayor of the city is authorized and empowered to appoint a judge of the municipal court with the advice and consent of the city or town council. The city council is authorized and empowered to enact ordinances governing the operation and procedure to be followed in the court and to establish a schedule of fees and costs. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1979, ch. 101, § 1; P.L. 1981, ch. 90, § 1; P.L. 2009, ch. 23, § 1; P.L. 2009, ch. 71, § 1; P.L. 2017, ch. 37, § 1; P.L. 2017, ch. 39, § 1.

Compiler’s Notes.

P.L. 2009, ch. 23, § 1, and P.L. 2009, ch. 71, § 1, enacted identical amendments to this section.

P.L. 2017, ch. 37, § 1, and P.L. 2017, ch. 39, § 1 enacted identical amendments to this section.

45-2-20. Town of Coventry — Establishment of a senior citizens’ board.

  1. There is hereby created in the town of Coventry a senior citizens’ board.
  2. The senior citizens’ board is responsible for the administration of programs for senior citizens and the operation of senior citizens’ centers.
  3. The senior citizens’ board consists of nine (9) members, six (6) of which represent senior citizens’ groups and three (3) of which shall represent the general public, and are appointed on a non-partisan basis by the town council of the town of Coventry.
  4. The term of office of the members of the senior citizens’ board shall be for a period of two (2) years; provided, that the initial appointment of two (2) of the members representing senior citizens’ groups and one of the members representing the general public shall be for a one-year term and two (2) years thereafter.
  5. The senior citizens’ board has the power to hire and fire its employees with exception of the director.
  6. A director is appointed by the town council from a list of three (3) names submitted by the senior citizens’ board.
  7. The senior citizens’ board shall submit a proposed budget to the town council of the town of Coventry for appropriation and the senior citizens’ board is responsible for the expenditure of funds appropriated to it by the town council of the town of Coventry.

History of Section. P.L. 1980, ch. 231, § 1; P.L. 2002, ch. 231, § 1.

45-2-21. City of Cranston — Municipal court.

  1. The city council of the city of Cranston may establish a municipal court and confer upon the court original jurisdiction notwithstanding any other provisions of the general laws to hear and determine causes the involving violation of any ordinance of the city including all minimum housing violations of the city; provided, that any defendant found guilty of any offense excluding minimum housing violations within the jurisdiction thereof by the court, may, within five (5) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; provided, that any defendant found guilty of any minimum housing violation may, within five (5) days of the conviction, file an appeal from the conviction to the district court and be entitled in the latter court to a trial de novo in accordance with §§ 8-8-3(a)(2) , 8-8-3.1 , and 8-8-3.2 .
  2. The city council of the city of Cranston is authorized and empowered to appoint a judge of the municipal court and a clerk of the municipal court. The city council of the city of Cranston is authorized and empowered to enact ordinances governing the operation and procedure to be followed in the court and to establish a schedule of fees and costs.
  3. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1980, ch. 361, § 1; P.L. 1999, ch. 405, § 1; P.L. 1999, ch. 442, § 1.

45-2-22. Arson prevention programs.

Every city and town has the power to establish an arson prevention program to train and provide technical assistance to community groups in the collection and assimilation of data pertaining to the identification of real property with a high probability for potential arson.

History of Section. P.L. 1982, ch. 112, § 1.

45-2-23. Repealed.

Repealed Sections.

This section (P.L. 1985, ch. 191, § 1), concerning the bureau of licenses in the city of Providence, was repealed by P.L. 2008, ch. 78, § 1, and by P.L. 2008, ch. 80, § 1, effective June 26, 2008.

45-2-24. Town of Coventry — Municipal court.

  1. The town council of the town of Coventry may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances, of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may, within seven (7) days of the conviction, file an appeal from the conviction to the Kent County superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance, or of chapter 24.3, may, within seven (7) days of the conviction, file an appeal from the conviction to the third division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of said ordinances and statutes.
  3. The town council of the town of Coventry is be authorized and empowered to appoint a judge of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of three hundred dollars ($300), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1985, ch. 203, § 1; P.L. 1985, ch. 219, § 1.

45-2-25. City of Woonsocket — Municipal court.

  1. The city council of the city of Woonsocket may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3, may, within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance, or of chapter 24.3, may, within seven (7) days of the conviction, file an appeal from the conviction to the seventh division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the city council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The city council of the city of Woonsocket is authorized and empowered to appoint a judge of the municipal court. The city council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation, and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500) or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent search warrants could be executed by a judge of the district court.
  4. The municipal court also has original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine violations of §§ 11-9-13 and 11-9-13 .1 pertaining to the sale or delivery of tobacco products to persons under the age of eighteen (18); provided, however, that any defendant found guilty of any offense may, within seven (7) days of the conviction, file an appeal from the conviction to the district court and be entitled in the latter court to a trial de novo in accordance with § 8-8-3 .

History of Section. P.L. 1986, ch. 29, § 1; P.L. 1996, ch. 412, § 1.

45-2-26. Town of West Warwick — Municipal court.

  1. The town council of the town of West Warwick may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may, within seven (7) days of the conviction, file an appeal from the conviction to the third division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The town council of the town of West Warwick is authorized and empowered to appoint a judge of the municipal court. The town council of that town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1988, ch. 62, § 1; P.L. 1989, ch. 521, § 1.

45-2-27. City of Central Falls — Municipal court.

  1. The city council of the city of Central Falls may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances, of that city and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code, and there is conferred upon that court concurrent jurisdiction with the traffic tribunal to hear and determine causes involving the violation of § 31-20-17 ; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may, within seven (7) days of conviction, file an appeal from the conviction to the fifth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the city council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The city council of the city of Central Falls is authorized and empowered to appoint a judge of the municipal court. The city council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1988, ch. 318, § 1; P.L. 1992, ch. 314, § 3.

45-2-28. Charitable contributions.

Any city or town may make a charitable contribution not in excess of one thousand dollars ($1000) to any incorporated charitable institution.

History of Section. P.L. 1988, ch. 367, § 1.

45-2-29. Town of Westerly — Municipal court.

  1. The town council of the town of Westerly may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may, within seven (7) days of conviction, file an appeal from the conviction to the fourth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Westerly is authorized and empowered to appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, with the first term commencing January 1, 1989. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 1988, ch. 460, § 1; P.L. 2002, ch. 19, § 1; P.L. 2002, ch. 38, § 1.

45-2-30. Town of Narragansett — Municipal court.

  1. The town council of the town of Narragansett may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may, within seven (7) days of conviction, file an appeal from the conviction to the fourth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Narragansett is authorized and empowered to appoint a judge of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1989, ch. 449, § 1.

45-2-31. Registration of business name in the town of North Providence.

  1. Each business including, but not limited to, wholesale, commercial, retail, professional service or manufacturing by the sole proprietorships, partnerships, corporations, or any other business entity shall, prior to its commencement of business within the town of North Providence, register its trade, company, or office name with the town clerk. Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, and the type of business to be conducted, and other basic information. There shall be a twenty-five dollar ($25.00) fee for each registration.
  2. Upon the registration of a business trade name, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. All businesses covered by this section presently located within the town of North Providence shall have thirty (30) days after June 29, 1990 to register. Every registration certificate shall be renewed annually during the month of January upon payment of a twenty-five dollar ($25.00) fee. No certificate shall be renewed if the business fails to provide proof from the tax collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.
  3. Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter, shall be fined not exceeding twenty-five dollars ($25.00) for each offense. The fines shall enure to the town, and each day that the violation continues is deemed to constitute a separate offense.

History of Section. P.L. 1990, ch. 63, § 1.

45-2-31.1. Business registration fee — Town of Johnston.

  1. Each business including, but not limited to, wholesale, retail, commercial, professional service or manufacturing whether by sole proprietorships, partnerships, corporations or any business entity shall register their business, company, trade or office situated in the town of Johnston with the town clerk. Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, the type of business to be conducted and other basic information.
  2. There shall be a fee for each registration. The registration fee shall be set by town council ordinance.
  3. Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 31st day in May and shall be renewed annually upon payment of the required fee. No certificate shall be renewed if the business fails to provide proof from the tax collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.
  4. Any business required to obtain a liquor, victualling or any other license to operate under any other section of the general laws shall be exempt from the requirement of this statute.
  5. Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter, shall be fined not exceeding twenty-five dollars ($25.00) for each offense. The fines shall inure to the town and each day that the violation continues shall be deemed to constitute a separate offense.

History of Section. P.L. 2002, ch. 351, § 1.

45-2-31.2. Business registration fee — Town of Warren.

  1. All wholesale, retail, commercial, professional service or manufacturing businesses, whether by sole proprietorships, partnerships, corporations or any business entity, shall register their business, company, trade, or office situated in the town of Warren with the town clerk of the town of Warren. Each registration shall contain the name of the firm or business; the name of the owner(s) or operator(s) of the firm or business; the type of business to be conducted; and other basic information.
  2. There shall be a fee for each registration. The registration fee shall be set by town council ordinance.
  3. Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 31st day in December and shall be renewed annually upon payment of the required fee. No certificate shall be renewed if the business fails to provide proof from the tax collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.
  4. Any business required to obtain a liquor, victualling, or any other license to operate under any other section of the general laws shall be exempt from paying the fee required by this statute.
  5. Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter, shall be fined not to exceed twenty-five dollars ($25.00) per day for each offense. Any fine imposed under this statute and/or the ordinance promulgated by the town council pursuant to this section may be appealed to the Warren municipal court. The fines shall inure to the town and each day that the violation continues shall be deemed to constitute a separate offense.

History of Section. P.L. 2005, ch. 371, § 1; P.L. 2005, ch. 427, § 1; P.L. 2017, ch. 469, § 2.

45-2-31.3. Business registration fee — Town of Smithfield.

  1. Unless otherwise provided herein, the owner and operator of each wholesale, retail, commercial, professional service, and manufacturing business, whether sole proprietorships, partnership, corporations, or any business entity, shall register their business situated in the town of Smithfield with the tax assessor of the town of Smithfield. Each registration shall contain the name of the business, the name of the owner(s) and operator(s) of the business, the type of business to be conducted, and other basic information as required by said tax assessor.
  2. There shall be a fee for each registration and for each annual renewal thereof. The registration fee shall be five ($5.00) dollars. It shall be unlawful for a person to own or operate a business described herein in the town of Smithfield without a registration certificate issued hereunder.
  3. Upon proper registration of a business, a registration certificate shall be issued to the registrant by the tax assessor. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 31st day in December and shall be renewed annually upon payment of the required fee. No certificate shall be issued or renewed if the business fails to provide proof from the tax collector that all municipal taxes assessed to the business, including municipal taxes assessed to any prior business owned or operated by one or more of the principals of the registrant at the same physical location, have been paid to date. Every certificate of registration shall be kept in a conspicuous location on the premises of each business establishment.
  4. Any business required to obtain a liquor, victualling, or any other license to operate under any other section of the general laws, a condition of which is the prior payment of Smithfield municipal taxes, shall be exempt from the requirements of this statute.
  5. Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter, shall be fined not to exceed twenty-five dollars ($25.00) for each month or fraction thereof that the violation continues; provided, however, that the fine shall not exceed three hundred dollars ($300). The Rhode Island district court and the Smithfield municipal court shall have concurrent jurisdiction to enforce the provisions of this statute. In addition to imposing the fines provided for herein, the Rhode Island district court and the Smithfield municipal court may order the closure of any business described herein until a registration certificate is obtained. The fines shall inure to the town.

History of Section. P.L. 2010, ch. 94, § 1; P.L. 2010, ch. 115, § 1; P.L. 2014, ch. 187, § 1; P.L. 2014, ch. 218, § 1.

Compiler’s Notes.

P.L. 2010, ch. 94, § 1, and P.L. 2010, ch. 115, § 1, enacted identical versions of this section.

P.L. 2014, ch. 187, § 1, and P.L. 2014, ch. 218, § 1 enacted identical amendments to this section.

45-2-31.4. Business registration fee — Town of Richmond.

  1. Every wholesale, retail, commercial, or manufacturing business located in Richmond, whether a sole proprietorship, partnership, corporation, or other business entity, shall register with the town clerk of the town of Richmond. The information provided upon registration shall include the name of the business, the name(s) of the owner, the type of business, the physical address, and the mailing address.
  2. The town council shall have the authority to establish, by ordinance, a fee for registration not to exceed ten dollars ($10.00).
  3. The town clerk shall issue a registration certificate to each registered business. The certificate shall be kept on the premises of the business. No business shall be allowed to register under a business name that is already registered.
  4. Businesses operating in Richmond on the effective date of an ordinance adopted pursuant to the authority of this statute shall be required to register within sixty (60) days of the day the ordinance takes effect. A business that changes its address shall be required to obtain a new registration certificate.
  5. The town council shall have the authority to provide, by ordinance, for a fine for failure to register a business. The fine shall not exceed twenty-five dollars ($25.00) for each month, or fraction thereof, that the violation continues, provided, however, that the fine shall not exceed three hundred dollars ($300.00). The fine shall enure to the town.

History of Section. P.L. 2014, ch. 253, § 1; P.L. 2014, ch. 327, § 1.

Compiler’s Notes.

P.L. 2014, ch. 253, § 1, and P.L. 2014, ch. 327, § 1 enacted identical versions of this section.

45-2-31.5. Town of Warren — Delegation of local licensing authority.

In the town of Warren, the town council is authorized to provide, by ordinance, for the administrative issuance and renewal of all licenses the council is authorized to issue pursuant to this title or any other section of the general laws, with the exception of licenses that require their issuance or renewal after a public hearing, and provided that all applications and licenses shall meet the requirements and conditions set forth in applicable provisions of the general laws.

History of Section. P.L. 2017, ch. 469, § 1.

45-2-32. Town of Charlestown — Municipal court.

  1. The town council of the town of Charlestown may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of the chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the conviction to the fourth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a) (4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The municipal court shall have concurrent jurisdiction with the Rhode Island traffic tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in section 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11 . Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3 , may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  4. The town council of the town of Charlestown is authorized and empowered to appoint a judge of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine of not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 1990, ch. 287, § 1; P.L. 2011, ch. 128, § 1; P.L. 2011, ch. 297, § 1.

Compiler’s Notes.

P.L. 2011, ch. 128, § 1, and P.L. 2011, ch. 297, § 1 enacted identical amendments to this section.

45-2-33. Additional substance abuse prevention assessment.

  1. Each city, town, or municipal court shall impose, in addition to all other assessments, a substance abuse prevention assessment of thirty dollars ($30.00) to be levied against those speeding violations enumerated within §§ 31-41.1-4 or those violations of any city, town, or municipal ordinance, the essential elements of which are the same or similar to the offenses listed in §§ 31-41.1-4 . The imposed and collected additional assessment of thirty dollars ($30.00) shall be forwarded by the city, town, or municipality to the office of substance abuse in the executive department, state of Rhode Island, within ten (10) business days of the close of the city’s, town’s, or municipality’s fiscal quarter. The department of health shall deposit the assessment into the general fund.
  2. Whenever there occurs a violation of any city, town, or municipal ordinance which purports to regulate the reasonable and prudent speed at which a vehicle may be driven on a road as “road” is defined in § 31-1-23 , then, in addition to the fine and/or punishment imposed by the city, town, or municipal ordinance, the city, town, or municipal court shall impose an additional substance abuse prevention assessment, of thirty dollars ($30.00). The imposed and collected assessment shall be forwarded by the city, town, or municipality to the department of health, state of Rhode Island, within ten (10) business days of the close of the city’s, town’s, or municipality’s fiscal quarter. The department of health shall deposit the assessment into the general fund. The provisions of §§ 45-13-7 through 45-13-9 do not apply to this section.
  3. Whenever there occurs a violation of a city, town, or municipal ordinance for a motor vehicle offense other than those similar to the offenses listed within § 31-41.1-4 or standing violations proscribed by ordinance, the city, town, or municipal court, shall impose an additional substance abuse prevention assessment of thirty dollars ($30.00). The imposed and collected assessment shall be forwarded by the city, town or municipality to the office of substance abuse, state of Rhode Island, within ten (10) business days of the close of the city’s, town’s, or municipality’s fiscal quarter. The department of health shall deposit the assessment into the general fund.

History of Section. P.L. 1990, ch. 455, § 2; P.L. 1991, ch. 284, § 3; P.L. 1992, ch. 418, § 12; P.L. 1992, ch. 488, § 4; P.L. 1994, ch. 70, art. 35, § 12; P.L. 1995, ch. 370, art. 40, § 152.

45-2-34. Town of Tiverton — Municipal court.

  1. The town council of the town of Tiverton may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the conviction to the second division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a) (4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Tiverton is authorized and empowered to appoint a judge of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1990, ch. 468, § 1; P.L. 2009, ch. 310, § 46.

45-2-35. Town of New Shoreham — Landing fee.

The town of New Shoreham is hereby authorized to charge, assess, or otherwise collect a fifty cent ($.50) landing fee on each passenger over the age of twelve (12) arriving on Block Island by public or private boat. All fees collected less expenses of collection shall be utilized by the town of New Shoreham to promote the health, safety, and welfare of all passengers, including, but not limited to, emergency medical services, acquisition of property to support tourism related activities, to construct and maintain tourism support facilities, and to establish a fund to assist the town of New Shoreham in resolving problems which may arise due to growth in the tourism industry. The town may enter into agreements with any common carrier serving the town of New Shoreham and any operator of a marina in the town of New Shoreham authorizing the carrier or marina operator to collect the landing fee on behalf of the town of New Shoreham. The agreement may provide for the payment of a fee by the town for the carrier or marina operator and the indemnification of the carrier or marina operator from and against any liability to, or claim of liability by third parties, arising from collection of the landing fee. Any common carrier may collect the landing fee on behalf of the town of New Shoreham by including the amount of the fee in its rate and charge to passengers without the necessity of approval of the landing fee from the public utilities commission or the division of public utilities and carriers under title 39. The landing fee authorized by this chapter does not apply to any persons receiving free transportation from a public utility under § 39-2-5 . The town council of the town of New Shoreham shall promulgate rules and regulations to implement the provisions of this section.

History of Section. P.L. 1990, ch. 519, § 1; P.L. 1991, ch. 35, § 1.

45-2-35.1. City of Newport — Landing and boarding fees.

  1. The city of Newport is authorized to charge, assess, or otherwise collect from every cruise vessel landing at a dock in the city of Newport a landing fee of three dollars ($3.00) per passenger and from every cruise vessel embarking from a dock a boarding fee of three dollars ($3.00) per passenger. For the purposes of this section, the term “cruise vessel” does not include ferries and water carriers of persons and/or property doing business as common carriers operating upon waters between termini within the state.
  2. The city council of the City of Newport shall promulgate rules and regulations to implement the provisions of this section.
  3. The city of Newport is authorized to impose a penalty on any delinquency in the payment of any fee imposed under this section, at a rate equal to that assessed by the city on tax delinquencies.

History of Section. P.L. 1998, ch. 455, § 1; P.L. 2004, ch. 49, § 1; P.L. 2004, ch. 158, § 1; P.L. 2014, ch. 359, § 1.

Effective Dates.

P.L. 2014, ch. 359, § 2 provides that the amendment to this section by that act takes effect on November 1, 2015.

45-2-35.2. Town of Narragansett — Landing fee.

  1. The town of Narragansett is hereby authorized to charge, assess, or otherwise collect a thirty-five cents ($.35) landing fee on each passenger over the age of twelve (12) arriving in the Port of Galilee, Narragansett, Rhode Island, by public or private boat; provided, however, that this provision shall not apply to vessels when they are engaged in commercial fishing. All fees collected, less expenses of collection, if any, shall be utilized by the town of Narragansett to protect the health, safety, and welfare of all passengers, including, but not limited to, emergency medical services, acquisition of both personal and real property to provide support to the ferry passengers, and to establish a fund to assist the town of Narragansett in resolving problems which arise due to the impact of vessels landing passengers in the town of Narragansett. The town of Narragansett may enter into agreements with any common carriers by water operating in the town of Narragansett and any operator of a marina in the town of Narragansett authorizing the common carrier or marina operator to collect the landing fee on behalf of the town of Narragansett. The agreement shall provide for the payment of a reasonable fee, (not to exceed fifteen percent) (15%) of the landing fee, by the town to the common water carrier or marina operator and indemnification of the water carrier or marina operator from and against any liability to, or claim of liability by third parties, arising from the collection of the boarding fee. All such common carriers shall collect the landing fee on behalf of the town of Narragansett, by including the amount of the fee in its rate and charge to adult passengers without the necessity of approval of the landing fee from the public utilities commission (“PUC”) or the division of public utilities and carriers (“DPUC”) under Title 39. The landing fee authorized by this chapter does not apply to any persons receiving free transportation from the public utility under § 39-2-5 . The town council of the town of Narragansett shall promulgate rules and regulations to implement the provisions of this section. The town of Narragansett may seek no fees from the common carriers other than those set forth in this section; provided, however, that this sentence shall not preclude the taxation of property, but not the vessels, of the common carriers pursuant to Title 44.
  2. The rate relief previously authorized by the PUC for Interstate Navigation Company in 1997 (PUC Docket No. 2484) which authorized the increase of Interstate Navigation Company’s rates (except the Block Island Passenger Commuter Rate) by one and four-tenths percent (1.4%) in order to pay for property taxes assessed against Interstate Navigation Company’s vessels by the town of Narragansett shall continue in full force and effect until June 1, 2002. Notwithstanding the restriction placed by the PUC on the money collected by Interstate Navigation Company pursuant to this rate relief, the money shall be disposed of as follows: (1) from the monies collected as of June 30, 2001, Interstate Navigation Company shall make a one time payment to the town of Narragansett of eighty-five thousand dollars ($85,000) and the town of Narragansett shall be authorized to retain the fifteen thousand dollars ($15,000) previously paid to it by Interstate Navigation Company; (2) the balance of the funds collected as of June 30, 2001, are to be invested in equipment and facilities to serve the rate payers of Interstate Navigation Company subject to DPUC subsequent verification of that investment. If a dispute arises regarding the disposition of the funds as set forth in this section, then the DPUC or Interstate Navigation Company may petition the PUC for review, and the decision of the PUC shall be final and binding and not appealable. For purposes of this section, the use of such funds by Interstate Navigation Company for: (1) the repair and/or replacement of the bulkhead and related facilities at Interstate’s Block Island facility; or (2) Interstate’s expenses related to the construction of its new terminal facility in Galilee, including the construction of facilities for the connector road lots; and/or (3) the pre-payment of principal and related pre-payment fees on the loan outstanding for the M/V Block Island, shall be deemed to be equipment and facilities that serve the rate payers of Interstate Navigation and shall not be subject to any prior review or approval by the DPUC and/or PUC; provided that subsequent verification and approval shall remain within the purview of the DPUC and PUC for rate making purposes. Any expenditures out of the funds collected as of June 30, 2001, for any other purposes shall require the prior approval of the DPUC to assure that the proposed expenditures are in the best interest of the rate payers. If a dispute arises between Interstate Navigation Company and the DPUC as to such proposed expenditures, then the DPUC or Interstate Navigation Company may petition the PUC for review.
  3. From the funds collected between July 1, 2001 and May 31, 2002, one-third (1/3) of the total shall be paid to the town of Narragansett in June, 2002, and the balance shall be retained by Interstate Navigation Company to be invested in equipment and facilities to serve the rate payers of Interstate Navigation Company. Interstate Navigation Company shall be required to obtain the prior approval of the DPUC in order to expend these funds. If a dispute arises regarding the disposition of these funds as set forth in this section, the DPUC or Interstate Navigation Company may petition the PUC for review.
  4. As to property over which the town of Narragansett has regulatory control, the town of Narragansett may not prohibit overnight parking on private property and currently existing parking lots in Galilee, and there will be no mandatory offsite parking for cars in Galilee.

History of Section. P.L. 2001, ch. 343, § 1.

45-2-36. Town of Exeter — Tax assessor.

  1. The town council of the town of Exeter may amend the Exeter town ordinance to provide for and entitle the town council to authorize the appointment of a tax assessor. The tax assessor shall serve at the pleasure of the town council. Qualifications shall be set by the town council in accord with state requirements and compensation shall be paid as approved at the town financial meeting. The tax assessor shall perform the duties previously performed by the board of tax assessors
  2. Each individual currently serving as a member of the board of tax assessors, on the date of the employment of the tax assessor under this section, shall continue to serve as members of a board of tax and assessment review until the expiration of their respective terms. Thereafter, each and every one of their successors shall be elected for four (4) year terms of office. Compensation for the members shall be set at the town financial meeting.
  3. The board of tax and assessment review shall hear and consider the appeal of any property owner concerning his or her assessed valuation or annual tax bill. If it appears that the assessed valuation of any property has been erroneously or incorrectly assessed, the board has the authority to order a correction, certify the result of its decision to the tax assessor to make the change and inform the council of its decision. If the current tax bill of any property owner is determined to be incorrect, the board may recommend to the council that a reduction or cancellation should be made, and the council shall make the adjustment as provided by law. Appeals from decisions of the board or the council shall lie to the superior court as provided by law.
  4. No member of the board of tax and assessment review shall be appointed nor serve as the tax assessor until a full twelve (12) months have elapsed from the time the member ceased to serve on the board of tax and assessment review.
  5. The council shall provide by ordinance for the procedures to be followed by the board, including the manner of receiving, considering and disposing of appeals.
  6. The question of the approval of this act shall be submitted to the electors of the town at any general election after being so proposed by petition of ten percent (10%) of all registered and qualified voters; the petition having been certified by the board of canvassers and submitted to the council within a time practicable to meeting state filing timetables.

History of Section. P.L. 1991, ch. 379, § 1; P.L. 1993, ch. 89, § 1; P.L. 2009, ch. 310, § 46.

45-2-37. Town of Middletown — Municipal court.

  1. The town council of the town of Middletown may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of conviction, file an appeal from the conviction to the superior court for Newport county and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may, within seven (7) days of the conviction, file an appeal from the conviction to the second division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The town council of the town of Middletown is authorized and empowered to appoint a judge of the municipal court. The town council of that town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine of not in excess of one thousand dollars ($1,000), or both. The court is empowered to administer oaths; compel the attendance of witnesses and punish persons for contempt; and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1993, ch. 175, § 1; P.L. 1993, ch. 215, § 1; P.L. 2018, ch. 299, § 1; P.L. 2018, ch. 322, § 1.

Compiler’s Notes.

P.L. 2018, ch. 299, § 1, and P.L. 2018, ch. 322, § 1 enacted identical amendments to this section.

45-2-38. City of East Providence — Municipal court.

  1. The city council of the city of East Providence may establish a municipal court and confer upon that court original jurisdiction, not withstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the city and any violation of the provisions of chapter 24.3 of this title entitled, “The Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the city council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling, existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The city council of the city of East Providence is authorized and empowered to appoint a judge and clerk of the municipal court. The city council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1993, ch. 192, § 1.

Compiler’s Notes.

P.L. 1984, ch. 317, uncodified by the General Assembly, establishes the municipal court for the town of North Providence.

45-2-39. Care and repair of stone walls.

The town or city council of each municipality and the state of Rhode Island shall by ordinance or by administrative order direct that their appropriate departments and employees exercise due care and caution while performing tasks of brush removal and cleaning in areas of stone walls and boundaries and require that any damage that they cause in the process of brush removal or cleaning be repaired immediately.

History of Section. P.L. 1994, ch. 81, § 1.

45-2-39.1. Theft of historic stone walls.

  1. For the purposes of this chapter, an historic stone wall shall be defined as “a vertical structure of aligned natural stone, originally constructed in the 17th, 18th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines.” This definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.
  2. Anyone convicted of the theft of an historic stone wall, pursuant to § 11-41-1 , or portions of an historic stone wall, or convicted of attempt to commit that larceny, shall be civilly liable to the property owner for the cost of replacing the stones and any other compensable damages related to that larceny.

History of Section. P.L. 2001, ch. 251, § 2.

45-2-40. Repealed.

Repealed Sections.

This section (P.L. 1994, ch. 146, § 3), requiring city employees to reside within the city of Woonsocket, was repealed by P.L. 1999, ch. 121, § 2, effective June 28, 1999.

45-2-41. Residency requirements — Generally.

Whenever a husband and wife are employed by different cities and towns, both with residency requirements related to their employment, they may elect to reside in the city or town in which either of them is employed.

History of Section. P.L. 1994, ch. 146, § 3.

45-2-42. Town of East Greenwich — Smoking prohibited in municipal buildings.

  1. Smoking tobacco in any form is a public nuisance and dangerous to public health and is not permitted in any municipal building within the town of East Greenwich.
  2. “Municipal building” means any publicly owned building and offices. Smoking is prohibited in all indoor places or portions of those places owned, leased or rented by the town of East Greenwich or by agencies supported by appropriation of the town’s municipal taxes.
  3. The town council of East Greenwich is authorized to adopt rules and regulations necessary for the implementation and enforcement of this section.

History of Section. P.L. 1994, ch. 282, § 1; P.L. 1994, ch. 361, § 1.

45-2-43. Right of way tree planting.

Cities and towns may appropriate resources to be used under the direction of the tree warden in planting shade trees upon land adjoining public right of ways, at a distance not exceeding twenty (20) feet from the public ways, that will function as public trees by improving, protecting, shading or beautifying the right of way; provided, that the written consent of the owner of the adjoining land is first obtained.

History of Section. P.L. 1996, ch. 228, § 1.

45-2-44. Town of Cumberland — Municipal court.

  1. The town council of the town of Cumberland may establish a municipal court and confer upon that court original jurisdiction, not withstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling, existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Cumberland is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1997, ch. 270, § 1.

45-2-45. Town of Bristol — Municipal court.

  1. The town council of the town of Bristol may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling, existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Bristol is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1998, ch. 143, § 1; P.L. 1998, ch. 168, § 1.

45-2-46. Towns of Burrillville and North Smithfield — Municipal court.

  1. The town councils of the towns of Burrillville and North Smithfield may establish a regional municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of either town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town councils may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling, existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town councils of the towns of Burrillville and North Smithfield are authorized and empowered to appoint a judge and clerk of the municipal court. The town councils are authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a fine not in excess of five hundred dollars ($500). The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1998, ch. 165, § 1.

45-2-47. Town of Warren — Municipal court — Municipal housing court.

  1. The town council of the town of Warren may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance; provided, however, that any defendant found guilty of any offense, excluding violations outlined in subsection (b) of this section, may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo.
  2. The town council of the town of Warren may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning enabling act of 1991); any violation of chapter 24.1 of this title (the Historical Zoning Act); any violation of chapter 24.2 of this title (Minimum Housing Standards Act); any violation of chapter 24.3 of this title (Housing Maintenance and Occupancy Code); any violation of chapter 23 of this title (Subdivision and Land Development Act); any violation of any local Warren ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code; SBC-2 Rhode Island state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the Warren housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.
  3. With respect to violations falling under the jurisdiction of the Warren housing court, as outlined in subsection (b) of this section, the town council may also confer upon the housing court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of those ordinances, regulations, and statutes; and
    4. To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.
  4. The town council of the town of Warren is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Warren is also authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths; compel the attendance of witnesses; punish persons for contempt; and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 1998, ch. 170, § 1; P.L. 2002, ch. 52, § 1; P.L. 2002, ch. 257, § 1; P.L. 2017, ch. 281, § 1; P.L. 2017, ch. 360, § 1.

Compiler’s Notes.

P.L. 2017, ch. 281, § 1, and P.L. 2017, ch. 360, § 1 enacted identical amendments to this section.

45-2-48. Town of East Greenwich — Municipal court.

  1. The town council of the town of East Greenwich may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title may, within seven (7) days of conviction, file an appeal from the conviction to the Kent County superior court and be entitled in the latter court to a trial de novo; and provided, further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling, existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of East Greenwich is authorized and empowered to appoint a judge and clerk of the municipal court. The East Greenwich town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a fine not in excess of five hundred dollars ($500). The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1998, ch. 171, § 1.

NOTES TO DECISIONS

Jurisdiction.

Municipal court’s decision that the keeping of horses on land belonging to owners was a lawful nonconforming use did not have res judicata effect in subsequent litigation because the municipal court’s jurisdiction was limited to the violation of ordinances and it was not of competent jurisdiction to determine whether a lawful nonconforming use existed. Duffy v. Milder, 896 A.2d 27, 2006 R.I. LEXIS 48 (2006).

45-2-49. Town of Burrillville — Municipal court.

  1. The town council of the town of Burrillville may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial novo; and provided, further, however, that any defendant found guilty of any violation of a minimum housing ordinance or in chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the jurisdiction conferred by this section, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling, existing in violation; or
    3. To compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Burrillville is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to provide for the operation and management of the court. The municipal court may impose a fine not in excess of five hundred dollars ($500). The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 1999, ch. 399, § 1.

45-2-50. Town of Exeter — Municipal court.

  1. The town council of the town of Exeter may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including, but not limited to, municipal code violations, animal regulation violations, traffic and parking violations, minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title within the jurisdiction of the court, may within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the fourth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Exeter is authorized and empowered to appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with the term of each appointing council. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose sentences not to exceed thirty (30) days in jail and impose fines not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 2005, ch. 111, § 1; P.L. 2005, ch. 115, § 1; P.L. 2008, ch. 475, § 27.

45-2-51. [Repealed.]

History of Section. P.L. 2005, ch. 433, § 1; P.L. 2008, ch. 119, § 2; Repealed by P.L. 2018, ch. 305, § 1, effective July 5, 2018; P.L. 2018, ch. 324, § 1, effective July 5, 2018.

Compiler’s Notes.

Former § 45-2-51 concerned town of Lincoln municipal court.

45-2-51.1. Town of Lincoln — Municipal court — Municipal housing court.

  1. The town council of the town of Lincoln may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of the town of Lincoln charter, or code of ordinances; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court for Providence county and be entitled in the latter court to a trial de novo.
  2. The town council of the town of Lincoln may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter 24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this title (subdivision and land development act); any violation of any local Lincoln ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code; SBC-2 Rhode Island state one- and two-family (2) dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the Lincoln housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.
  3. With respect to violations falling under the jurisdiction of the Lincoln housing court, as outlined in subsection (b) of this section, the town council may also confer upon the housing court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of those ordinances, regulations, and statutes; and
    4. To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.
  4. The municipal court shall have concurrent jurisdiction with the Rhode Island traffic tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11 . Any person desiring to appeal from an adverse decision of the municipal court for violations enumerated in § 8-18-3 , may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  5. The town council of the town of Lincoln is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Lincoln is also authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be, the same person(s) holding the judgeship and clerk position in the municipal court. The town council of the town of Lincoln is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of these courts. The municipal and housing courts may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The courts are empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 2018, ch. 305, § 2; P.L. 2018, ch. 324, § 2.

Compiler’s Notes.

P.L. 2018, ch. 305, § 2, and P.L. 2018, ch. 324, § 2 enacted identical versions of this section.

45-2-52. Town of Jamestown — Municipal Court.

  1. The town council of the town of Jamestown may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including, but not limited to, municipal code violations, animal regulation violations, minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; and, if but only if, jurisdiction is specifically conferred by a vote of the town council, traffic and parking violations; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the conviction to the second division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Jamestown is authorized and empowered to appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with the term of each appointing council. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose sentences not to exceed thirty (30) days in jail and impose fines not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 2006, ch. 90, § 1; P.L. 2006, ch. 159, § 1.

45-2-53. Town of North Kingstown — Fence viewer.

The town of North Kingstown is authorized not to elect or appoint a fence viewer.

History of Section. P.L. 2006, ch. 117, § 1.

45-2-54. Regulation of excavating.

  1. The town of Middletown is hereby authorized to impose upon any excavation activity within the town, including all such activity on rights of way but excluding such activity on private land such permit requirements and regulations as are necessary to ensure proper review of the excavation plans by town authorities and to require such excavation to be conducted with minimum disturbance to surrounding land.
  2. The town of Middletown is further authorized to require excavation activity permits including completion bonds or insurance, if necessary, to guarantee the return of an excavated area to the conditions stipulated in the permit process.
  3. Subsections (a) and (b) of this section shall not apply to any department, division or agency of the state of Rhode Island.

History of Section. P.L. 2006, ch. 220, § 1; P.L. 2006, ch. 358, § 1.

45-2-55. Town of North Kingstown — Municipal Court.

  1. The town council of the town of North Kingstown may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including, but not limited to, municipal code violations, animal regulation violations, minimum housing ordinances of the town, any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code” and, if, but only if, jurisdiction is specifically conferred by a vote of the town council, traffic and parking violations; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided, further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title may, within seven (7) days of conviction, file an appeal from the conviction to the second division of the district court and be entitled to a trial de novo in accordance with subdivision 8-8-3(a)(4) and § 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of North Kingstown is authorized and empowered to appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with the term of each appointing council. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose sentences not to exceed thirty (30) days in jail and impose fines not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 2006, ch. 341, § 1; P.L. 2006, ch. 482, § 1.

45-2-56. Town of Hopkinton — Municipal Court.

  1. The town council of the town of Hopkinton may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including, but not limited to, municipal code violations, animal regulation violations, minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; and, if but only if, jurisdiction is specifically conferred by a vote of the town council, traffic and parking violations; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may within seven (7) days of the conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3, may within seven (7) days of conviction, file an appeal from the conviction to the fourth division of the district court and be entitled to a trial de novo in accordance with subdivision 8-8-3(a)(4) and § 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq., of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; or
    3. To otherwise compel compliance with all of the provisions of those ordinances and statutes.
  3. The town council of the town of Hopkinton is authorized and empowered to appoint a judge of the municipal court. The judge shall serve for a term of two (2) years, or concurrent with the term of each appointing council. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose sentences not to exceed thirty (30) days in jail and impose fines not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 2007, ch. 336, § 1; P.L. 2007, ch. 474, § 1.

45-2-57. Town of Richmond — Noise pollution.

For the purpose of promoting the public health, safety and general welfare, the town council of the town of Richmond shall have the power in accordance with the provisions of this section to establish by ordinance standards for the control of noise originating within the limits of the town. Without limiting the generality of the aforementioned, such ordinance shall:

  1. Establish standards for the control of noise originating within the limits of the town by setting maximum permissible sound levels for various activities and noise sources in order to protect the public health, safety and general welfare, provided that the regulation of noise from any particular source has not been preempted by state or federal law or regulation;
  2. Regulate noise pollution based on factors including but not limited to the volume of the noise, the intensity of the noise, whether the nature of the noise is usual or unusual, whether the origin of the noise is natural or unnatural, the volume and intensity of the background noise, if any, the proximity of the noise to residential dwellings, the location from which the noise emanates, the density of inhabitation of the area within which the noise emanates, the time of day or night the noise occurs, the duration of the noise, whether the noise is recurrent, intermittent or constant, and whether the noise is produced by a commercial or noncommercial activity;
  3. Establish use districts for regulation of noise, establish maximum permissible sound levels according to receiving land use, and provide that measurement of sound or noise shall be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association;
  4. Include definitions of words, terms and phrases necessary for the enforcement of the ordinance, and provide that definitions of technical terms not defined in the ordinance shall be obtained from publications of acoustical terminology issued by American National Standards Institute or its successor body;
  5. Provide that limitations shall not apply to sound from certain sources, including but not limited to emergency vehicles and snow removal equipment;
  6. Provide for enforcement by police department and/or by the town solicitor, who may institute an action for injunctive relief together with an action for penalties in the case of continuing violations;
  7. Provide the town council with the authority to grant sound variances after a public hearing, establish criteria for the granting of such variances and providing the town council with the authority to impose conditions on such variances; and
  8. Establish penalties for violation consistent with those established by state law for violation of municipal ordinances, provide the police department with the authority to issue warnings and cease and desist orders, and provide that each day of noise disturbance shall be considered a separate offense.

History of Section. P.L. 2008, ch. 284, § 1.

45-2-58. Town of Smithfield — Municipal court.

  1. The town council of the town of Smithfield may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of the town of Smithfield Charter, Code of Ordinances, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court for Providence County and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with subsections 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate or correct a violation;
    2. To order the repair, vacation or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The municipal court shall have concurrent jurisdiction with the Rhode Island Traffic Tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief judge of the district court in accordance with § 8-18-11 . Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3 , may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  4. The town council of the town of Smithfield is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Smithfield is authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 2008, ch. 453, § 1.

45-2-59. Town of North Smithfield — Municipal court.

  1. The town council of the town of North Smithfield may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of the town of North Smithfield Charter, Code of Ordinances, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the superior court for Providence County and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title may, within seven (7) days of the conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate or correct a violation;
    2. To order the repair, vacation or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The municipal court shall have concurrent jurisdiction with the Rhode Island Traffic Tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief judge of the district court in accordance with § 8-18-11 . Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3 , may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  4. The town council of the town of North Smithfield is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of North Smithfield is authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 2010, ch. 96, § 1; P.L. 2010, ch. 118, § 1.

Compiler’s Notes.

P.L. 2010, ch. 96, § 1, and P.L. 2010, ch. 118, § 1, enacted identical versions of this section.

45-2-60. City of Pawtucket — Licenses.

Notwithstanding any provisions of the Rhode Island general or public laws to the contrary, all licenses in the city of Pawtucket which must be granted by the city council may be granted by the Pawtucket city council sitting as the Pawtucket board of license commissioners.

History of Section. P.L. 2012, ch. 29, § 1; P.L. 2012, ch. 35, § 1.

Compiler’s Notes.

P.L. 2012, ch. 29, § 1, and P.L. 2012, ch. 35, § 1 enacted identical versions of this section.

45-2-61. Town of Barrington — Municipal court.

  1. The town council of the town of Barrington may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may, within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate or correct a violation;
    2. To order the repair, vacation or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The municipal court shall have concurrent jurisdiction with the Rhode Island traffic tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11 . Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3 , may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  4. The town council of the town of Barrington is authorized and empowered to appoint a judge of the municipal court. The town council of the town is authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine of not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, punish persons for contempt and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 2012, ch. 212, § 1; P.L. 2012, ch. 248, § 1.

Compiler’s Notes.

P.L. 2012, ch. 212, § 1, and P.L. 2012, ch. 248, § 1 enacted identical versions of this section.

45-2-62. Town of Portsmouth — Municipal court.

  1. The town council of the town of Portsmouth may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violations of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the “Rhode Island Housing Maintenance and Occupancy Code”; provided, however, that any defendant found guilty of any offense, excluding violation of the minimum housing ordinances or chapter 24.3 within the jurisdiction of the court, may, within seven (7) days of conviction, file an appeal from the conviction to the superior court for Newport County and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 may, within seven (7) days of the conviction, file an appeal from the conviction to the second division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3, et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate or correct a violation;
    2. To order the repair, vacation or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The municipal court shall have concurrent jurisdiction with the Rhode Island traffic tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and be subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11 . Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3 , may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  4. The town council of the town of Portsmouth is authorized and empowered to appoint a judge and clerk of the municipal court. The town council is authorized and empowered to enact ordinances governing the personnel, operation and procedure to be followed in the court and to establish a schedule of fees and costs, and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses and punish persons for contempt and to authorize and execute search warrants to the extent the warrants could be authorized and executed by a justice of the district court.

History of Section. P.L. 2013, ch. 98, § 1; P.L. 2013, ch. 108, § 1.

Compiler’s Notes.

P.L. 2013, ch. 98, § 1, and P.L. 2013, ch. 108, § 1 enacted identical versions of this section.

45-2-63. Town of Richmond — Municipal court.

  1. The town council of the town of Richmond may establish a municipal court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving violation of the town of Richmond code of ordinances, including any minimum housing ordinances of the town, and violations of the provisions of chapter 24.3 of this title, entitled the Rhode Island housing maintenance and occupancy code; provided, however, that any defendant found guilty of any violation of the Richmond code of ordinances, excluding any minimum housing ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to the superior court for Washington County and be entitled in the latter court to a trial de novo; and, provided further, however, that any defendant found guilty of any violation of any minimum housing ordinances or of chapter 45-23.3 may, within seven (7) days of the conviction, file an appeal from the conviction to the fourth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2 .
  2. With respect to violations of any minimum housing ordinance and violations of chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, the town council may also confer upon the municipal court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacation, or demolition of any dwelling existing in violation; and
    3. To otherwise compel compliance with all of the provisions of the ordinances and statutes.
  3. The municipal court shall have concurrent jurisdiction with the Rhode Island traffic tribunal to hear and adjudicate those violations enumerated in § 8-18-3 . Adjudication of summons by the municipal court shall be in conformance with § 8-18-4 . The municipal court shall hear and decide traffic matters in a manner consistent with the procedures of the traffic tribunal, and shall be subject to review by the chief magistrate of the traffic tribunal in accordance with § 8-18-11 . Any person desiring to appeal an adverse decision of the municipal court for violations enumerated in § 8-18-3 may seek review thereof pursuant to the procedures set forth in § 31-41.1-8 .
  4. The town council of the town of Richmond is authorized and empowered to appoint a judge and a clerk of the municipal court; to enact ordinances governing the personnel, operation, and procedure to be followed in the court; to establish a schedule of fees and costs; and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500) per violation, or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt and to execute search warrants to the extent the warrants could be executed by a judge of the district court.

History of Section. P.L. 2013, ch. 248, § 1; P.L. 2013, ch. 374, § 1.

Compiler’s Notes.

P.L. 2013, ch. 248, § 1, and P.L. 2013, ch. 374, § 1 enacted identical versions of this section.

45-2-64. Town of Coventry — Regulation of asphalt or continuous mixing facilities.

  1. No asphalt batching or continuous mix facility shall be located in the town of Coventry in an area which is less than four thousand feet (4,000´) from any hospital, nursing home, school, area of critical environmental concern, watercourse, or area occupied by residential housing. Such distance shall be measured from the outermost perimeter of the facilities property line to the outermost point of such properties as mentioned herein.
  2. Any facility in operation, prior to the enactment of this section, shall not be subject to the provisions of this section.

History of Section. P.L. 2013, ch. 534, § 1.

45-2-65. Right to counsel.

  1. If a city or town elects to prosecute a defendant with an offense that is punishable by imprisonment in any court created under the authority of this chapter, the court shall advise the defendant of his or her right to be represented by counsel and, if the defendant is indigent, the court shall assign counsel to represent the defendant at every stage of the proceeding. The right to counsel may be waived through a knowing, intelligent, and voluntary waiver, in writing and duly executed on the record in open court.
  2. No defendant may be ordered detained at the adult correctional institution for violation of a court order entered as a result of an adjudication that is not punishable by imprisonment in the first instance.

History of Section. P.L. 2017, ch. 77, § 1; P.L. 2017, ch. 87, § 1.

Compiler’s Notes.

P.L. 2017, ch. 77, § 1, and P.L. 2017, ch. 87, § 1 enacted identical versions of this section.

45-2-66. Ability to pay hearings.

In any court created under the authority of this chapter, the procedures established in §§ 11-25-15 and 12-6-7.1(b) shall be followed when a defendant is arrested and detained for failure to appear at an ability to pay hearing, whether detained at the adult correctional facility or at a police station.

History of Section. P.L. 2017, ch. 77, § 1; P.L. 2017, ch. 87, § 1.

Compiler’s Notes.

P.L. 2017, ch. 77, § 1, and P.L. 2017, ch. 87, § 1 enacted identical versions of this section.

45-2-67. Town of South Kingstown — Municipal court.

  1. The town council of the town of South Kingstown may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance; provided, however, that any defendant found guilty of any offense, excluding violations outlined in subsection (b) of this section, may, within seven (7) days of conviction, file an appeal from the conviction to the Washington County superior court and be entitled in the latter court to a trial de novo.
  2. The town council of the town of South Kingstown may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter 24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this title (subdivision and land development act); any violation of any local South Kingstown ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code; SBC-2 Rhode Island state one and two (2) family dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-19 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the South Kingstown housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the Washington County superior court and be entitled in the latter court to a trial de novo.
  3. With respect to violations falling under the jurisdiction of the South Kingstown housing court, as outlined in subsection (b) of this section, the town council may also confer upon the housing court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation;
    2. To order the repair, vacating, or demolition of any dwelling existing in violation;
    3. To otherwise compel compliance with all of the provisions of those ordinances, regulations, and statutes; and
    4. To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.
  4. The town council of the town of South Kingstown is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of South Kingstown is also authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a fine not in excess of five hundred dollars ($500) for each offense. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt.

History of Section. P.L. 2020, ch. 29, § 1; P.L. 2020, ch. 36, § 1.

Compiler’s Notes.

P.L. 2020, ch. 29, § 1, and P.L. 2020, ch. 36, § 1 enacted identical versions of this section.

Chapter 3 Town Meetings

45-3-1. Periodic elective meetings.

A town meeting shall be held annually or biennially as required by law in each town, for the election of those town officers as are required by law.

History of Section. G.L. 1896, ch 37, § 1; G.L. 1909, ch. 47, § 1; G.L. 1923, ch. 48, § 1; G.L. 1938, ch. 330, § 1; G.L. 1956, § 45-3-1 .

Cross References.

Elective meetings, § 17-18-1 et seq.

Illegal meetings, penalty, § 11-43-4 .

Comparative Legislation.

Town meetings:

Conn. Gen. Stat. §§ 7-1 — 7-9c.

Mass. Ann. Laws ch. 39, § 9 et seq.

45-3-2. Time of elective meetings.

Town meetings shall be held at the time as is by law or vote provided, unless otherwise directed.

History of Section. G.L. 1896, ch. 37, § 2; G.L. 1909, ch. 47, § 2; G.L. 1923, ch. 48, § 2; G.L. 1938, ch. 330, § 2; G.L. 1956, § 45-3-2 .

45-3-3. Adjournment to complete election of officers.

If, on the day of the town meeting for the election of town officers, any town fails to make an election of town clerk, town council, or town treasurer, the meeting may be adjourned for the purpose of completing the election of those officers, but of no others, from day to day, not exceeding three (3) days beyond the first day of meeting.

History of Section. G.L. 1896, ch. 37, § 3; G.L. 1909, ch. 47, § 3; P.L. 1914, ch. 1037, § 1; G.L. 1923, ch. 48, § 3; G.L. 1938, ch. 330, § 3; G.L. 1956, § 45-3-3 .

45-3-3.1. Adjournment of the Barrington town meeting to an indoor facility located outside the town of Barrington.

  1. If at the stated time and day of the town meeting in the town of Barrington, there is insufficient room to accommodate, seat, assemble, and hear, all the qualified electors present at the town meeting, and if after review by the town moderator and town clerk it is determined there is no indoor facility in the town large enough to accommodate the electors reasonably expected at the continuation of the town meeting, then the town of Barrington may hold its town meeting at an indoor facility located a reasonable distance outside the town of Barrington.
  2. Notice of the meeting shall be given pursuant to § 45-3-8 of this chapter.

History of Section. P.L. 1991, ch. 38, § 1; P.L. 1991, ch. 400, § 1.

45-3-3.2. Town of Foster financial town meeting — Scheduling outside of town.

  1. In the event that in the judgment of the town moderator there is no facility in the town of Foster large enough to accommodate the electors reasonably expected at the annual financial town meeting, then the moderator may make arrangements to schedule the financial town meeting at a facility in either the town of Scituate or the town of Glocester large enough to accommodate the financial town meeting. The moderator shall make this determination in writing and shall transmit it to the town council of the town of Foster on or before the regularly scheduled town council meeting on the first Thursday after the first Monday in the month of April.
  2. Notice of the meeting shall be given pursuant to § 45-3-8 .

History of Section. P.L. 2005, ch. 19, § 1.

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.

History of Section. G.L. 1896, ch. 37, § 4; G.L. 1909, ch. 47, § 4; G.L. 1923, ch. 48, § 4; G.L. 1938, ch. 330, § 4; G.L. 1956, § 45-3-4 ; P.L. 2020, ch. 14, § 2; P.L. 2020, ch. 19, § 2.

Compiler’s Notes.

P.L. 2020, ch. 14, § 2, and P.L. 2020, ch. 19, § 2 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2020, ch. 14, § 3 provides that the amendment to this section by that act takes effect upon passage [June 24, 2020], and shall be deemed retroactive to March 9, 2020.

P.L. 2020, ch. 19, § 3 provides that the amendment to this section by that act takes effect upon passage [June 24, 2020], and shall be deemed retroactive to March 9, 2020.

NOTES TO DECISIONS

In General.

Town clerk cannot call a meeting to direct representatives in the general assembly to repeal with respect to certain statutes, since representatives are elected by all of the qualified electors of the town and not those qualified to vote in a financial meeting. In re Opinion of Justices, 51 R.I. 322 , 154 A. 647, 1931 R.I. LEXIS 46 (1931).

45-3-5. Notice of meetings.

Town clerks shall cause the electors of their respective towns to be notified of every town meeting prescribed by law, and also of all other town meetings legally called.

History of Section. G.L. 1896, ch. 37, § 5; G.L. 1909, ch. 47, § 5; G.L. 1923, ch. 48, § 5; G.L. 1938, ch. 330, § 5; G.L. 1956, § 45-3-5 .

45-3-6. Call of meeting on request of electors.

Whenever the town council, or whenever ten percent (10%) of the electors of any town, as provided in this section, less any fractional part that may appear in this computation thereof, shall make a request, in writing, for the calling of a town meeting to transact any business relating to the town in respect of which they shall have a right to vote, and direct the request to the town clerk, the town clerk shall cause the electors to be notified of the time when and the place where the meeting is to be held, and of the business proposed to be transacted; except as provided in § 45-3-7 ; provided, that the ten percent (10%) shall be computed on the total number of electors appearing on the last canvassed voting lists of the town as having a right to vote in the transaction of any business that may be presented at the meeting.

History of Section. G.L. 1896, ch. 37, § 6; P.L. 1900, ch. 781, § 1; G.L. 1909, ch. 47, § 6; P.L. 1915, ch. 1191, § 1; G.L. 1923, ch. 48, § 6; G.L. 1938, ch. 330, § 6; G.L. 1956, § 45-3-6 .

NOTES TO DECISIONS

In General.

Vote at financial town meeting relative to future financial town meetings was of no effect where neither the request for the meeting nor the warrant contained any statement as to business concerning future meetings. Cole v. Warwick & Coventry Water Co., 35 R.I. 511 , 87 A. 307, 1913 R.I. LEXIS 58 (1913).

45-3-7. Consent of council to special meeting.

No special town meeting shall be called without the consent of the town council, if the subject or any of the subjects proposed to be considered at the special town meeting have been acted on by the town at any time within six (6) months prior to the time of the proposed call.

History of Section. G.L. 1896, ch. 37, § 7; G.L. 1909, ch. 47, § 7; G.L. 1923, ch. 48, § 7; G.L. 1938, ch. 330, § 7; G.L. 1956, § 45-3-7 .

45-3-8. Clerk’s warrant giving notice.

The notice to the electors to meet in a town meeting, prescribed by law, shall be given by the town clerk issuing his or her warrant, directed to the town sergeant or one of the town constables of the town, or in the event that the town sergeant or a town constable is not available, to any elector of that town designated by the town or city clerk, requiring him or her to post, at least seven (7) days before the day appointed for the meeting, written notifications in three (3) or more public places in the town, of the time when and place where the meeting is to be held and of the business required by law to be transacted.

History of Section. G.L. 1896, ch. 37, § 8; G.L. 1909, ch. 47, § 8; G.L. 1923, ch. 48, § 8; G.L. 1938, ch. 330, § 8; G.L. 1956, § 45-3-8 ; P.L. 1994, ch. 154, § 2; P.L. 2015, ch. 260, § 37; P.L. 2015, ch. 275, § 37.

Compiler’s Notes.

P.L. 2015, ch. 260, § 37, and P.L. 2015, ch. 275, § 37 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Cross References.

Meeting to levy tax to pay judgment against town, § 45-15-6 .

NOTES TO DECISIONS

In General.

Notwithstanding the provisions of the New Shoreham charter permitting wardens to issue such notices, the town clerk may issue warrants for town meetings when no other mode has been provided by a town by-law. Marden v. Champlin, 17 R.I. 423 , 22 A. 938, 1891 R.I. LEXIS 39 (1891).

Business to Be Transacted.

Notice for annual town meeting did not have to specify matter of business which was to be transacted. Lonsdale Co. v. Taft, 34 R.I. 496 , 84 A. 795, 1912 R.I. LEXIS 74 (1912).

45-3-9. Notice of meetings by request — Hour held — Business considered.

The notice of meetings, when called by request provided in § 45-3-6 , shall be given in the manner provided for meetings prescribed by law. In towns in which the hour of meetings prescribed by law is fixed by law, meetings called by request shall be held at the same hour. In other towns, the meetings shall be held at the hour named in the request. At all meetings called by request, only the business stated in the warrants directing the calling of the meetings shall be acted upon.

History of Section. G.L. 1896, ch. 37, § 9; P.L. 1901, ch. 852, § 9; G.L. 1909, ch. 47, § 9; G.L. 1923, ch. 48, § 9; G.L. 1938, ch. 330, § 9; G.L. 1956, § 45-3-9 .

45-3-10. Meeting to elect clerk to fill vacancy.

Whenever any town clerk is removed by death or otherwise, and the town council under §§ 45-4-16 and 45-5-6 fails to act to fill the vacancy, the town treasurer of the town shall issue his or her warrant to warn the electors to assemble in town meeting, to choose a town clerk in the room of him or her so removed, which warrant shall be directed as provided in § 45-3-8 .

History of Section. G.L. 1896, ch. 37, § 10; G.L. 1909, ch. 47, § 10; G.L. 1923, ch. 48, § 10; G.L. 1938, ch. 330, § 10; G.L. 1956, § 45-3-10 ; P.L. 1999, ch. 354, § 41.

NOTES TO DECISIONS

In General.

Vacancy in town clerk’s office through death should be filled by the town council under §§ 45-4-16 and 45-5-6 , and only if it fails to act can the treasurer issue his warrant for town meeting under this section. Morgan v. Allen, 51 R.I. 228 , 153 A. 791, 1931 R.I. LEXIS 22 (1931).

45-3-11. Forfeiture for neglect of duty by officers.

Every town clerk or town treasurer who neglects or refuses to issue a warrant as provided in § 45-3-8 , and every town sergeant or constable who neglects or refuses to serve the warrant as provided in § 45-3-8 ,, shall forfeit for each neglect fifty dollars ($50.00); to be recovered, one-half (1/2) to the use of the town, and one-half (1/2) to the use of the person who sues for the warrant.

History of Section. G.L. 1896, ch. 37, § 11; G.L. 1909, ch. 47, § 11; G.L. 1923, ch. 48, § 11; G.L. 1938, ch. 330, § 11; G.L. 1956, § 45-3-11 .

45-3-12. Notice of meeting to dispose of land or make tax.

No vote shall be passed in any town meeting concerning the disposing of the town’s land or making a tax, unless special mention is made, and notice of the meeting given, in the warrant issued for the warning of the meeting; and the town clerk of every town shall grant the warrant, except in cases where the law otherwise directs, which warrant shall be directed to the town sergeant, or to one of the constables of the town, or in the event that the town sergeant or a constable is not available, to any elector of that city or town designated by the town or city clerk. The notice for the making of a tax as provided in this section shall be in substantially the following form:

“WARNING FOR TOWN MEETING STATE OF RHODE ISLAND COUNTY OFSC. GREETING: By the town clerk of the town of , R.I. (seal) to , town sergeant of the town of , or any of the constables of the town. Pursuant to chapter 3 of title 45, you are required to post, at least seven (7) days before the day of , A. D. , written notifications in three (3) or more public places in the town of , Rhode Island, notifying and warning the electors of the town of , qualified to vote upon any proposition to impose a tax or for the expenditure of money, to assemble in town meeting at the town hall (or other place designated) in the town of , on the day of , A. D. , at o’clock in the noon for the purpose of ordering a tax to be levied and assessed on the ratable property of the town and the inhabitants of the town for the payment of the town debts and interest, for the payment of the town’s proportion of the state tax, for the support of schools, for the support and maintenance of the poor, for the building, repairing, and amending of highways, for the building, repairing, and amending of bridges, for the improvement in any manner deemed fit of any property belonging to the town, for all necessary charges and expenses whatsoever arising within the town, whether incidental or not to the above (here designate any further purpose, if any, for which the town may legally appropriate money), and for any or all other purposes authorized by law, and to transact any other business as may legally come before the meeting. Given under my hand this day of , A. D. , at the town of , Rhode Island. Town Clerk”

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History of Section. G.L. 1896, ch. 37, § 12; G.L. 1909, ch. 47, § 12; P.L. 1915, ch. 1210, § 1; G.L. 1923, ch. 48, § 12; P.L. 1932, ch. 1944, § 4; G.L. 1938, ch. 330, § 12; G.L. 1956, § 45-3-12 ; P.L. 1994, ch. 154, § 2.

Compiler’s Notes.

In 2021, “AND PROVIDENCE PLANTATIONS” was deleted following “STATE OF RHODE ISLAND” in the form in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

NOTES TO DECISIONS

Sewer Charges.

Generally a sewer charge is not regarded as a tax. Costello v. Ricci, 121 R.I. 509 , 401 A.2d 38, 1979 R.I. LEXIS 1808 (1979).

Sufficiency of Notice.

A notice stating that one of the objects of a town meeting was “to let the town’s land and beaches” was sufficient to include the bathing beach although in prior years under a similar notice the bathing beach had not been leased. Marden v. Champlin, 17 R.I. 423 , 22 A. 938, 1891 R.I. LEXIS 39 (1891).

Town meeting notice including purpose “to consider the question of constructing, maintaining and operating new waterworks by the town” was sufficient to authorize a vote on the construction of a waterworks. Smith v. Westerly, 19 R.I. 437 , 35 A. 526, 1896 R.I. LEXIS 55 (1896).

It is not necessary that the notice contain an accurate forecast of the precise action that the meeting will take upon the subject matter stated in the notice. Mageau v. Wedlock, 505 A.2d 414, 1986 R.I. LEXIS 412 (1986).

45-3-13. Canvass prior to meeting.

Prior to any town meeting prescribed by law or called by request as provided by § 45-3-6 , the list of the electors qualified to vote in town meetings shall be made out and canvassed in the same manner as provided by law with respect to elective town meetings.

History of Section. G.L. 1909, ch. 47, § 13; P.L. 1917, ch. 1471, § 1; G.L. 1923, ch. 48, § 13; G.L. 1938, ch. 330, § 13; G.L. 1956, § 45-3-13 .

Cross References.

Canvassing of qualified electors, § 17-10-1 et seq.

45-3-14. Quorum.

Whenever the inhabitants of any town do not exceed three thousand (3,000) by the last census, whether national or state, preceding the holding of a town meeting, seven (7) electors at least shall be necessary to constitute a legal town meeting; and whenever the inhabitants of any town exceed that number, fifteen (15) electors at least shall be necessary to constitute the meeting; provided, that whenever both the warden or moderator and clerk of any ward or district meeting held in any city or town are present, they shall constitute a quorum for the opening of the polls for voting for all civil officers, except for warden and clerk.

History of Section. G.L. 1896, ch. 38, § 1; G.L. 1909, ch. 48, § 1; G.L. 1923, ch. 49, § 1; G.L. 1938, ch. 331, § 1; G.L. 1956, § 45-3-14 .

45-3-15. Selection of moderator.

At the annual or biennial town meeting of each town, there shall be chosen a moderator to preside in all the town meetings until the moderator’s successor is elected and qualified.

History of Section. G.L. 1896, ch. 38, § 2; G.L. 1909, ch. 48, § 2; G.L. 1923, ch. 49, § 2; G.L. 1938, ch. 331, § 2; G.L. 1956, § 45-3-15 .

45-3-16. Term of moderator and clerk.

The term of office of the elected moderator and clerk commences at the first regular meeting held for the election of officers, and continues until their successors are elected and qualified, unless otherwise provided by law.

History of Section. G.L. 1896, ch. 38, § 7; G.L. 1909, ch. 48, § 8; G.L. 1923, ch. 49, § 7; G.L. 1938, ch. 331, § 5; G.L. 1956, § 45-3-16 .

45-3-17. Moderator to preside.

In all meetings of the electors or voters in a town, representative district, or voting district, the moderator of the meeting shall preside.

History of Section. G.L. 1896, ch. 38, § 8; G.L. 1909, ch. 48, § 9; P.L. 1910, ch. 640, § 37; G.L. 1923, ch. 49, § 8; G.L. 1938, ch. 331, § 6; G.L. 1956, § 45-3-17 .

45-3-18. Regulation of meeting by moderator.

Every moderator has the power to manage and regulate the business of each meeting, conforming to law, and to maintain peace and good order at the meeting.

History of Section. G.L. 1896, ch. 38, § 11; G.L. 1909, ch. 48, § 12; G.L. 1923, ch. 49, § 11; G.L. 1938, ch. 331, § 9; G.L. 1956, § 45-3-18 .

NOTES TO DECISIONS

“Public Body”.

A financial town meeting of the electors qualified to vote on the imposition of a tax and the expenditure of money does not fit within the definition of public body as defined in § 42-46-2 . A financial town meeting is a quintessential example of an open meeting. Pine v. McGreavy, 687 A.2d 1244, 1997 R.I. LEXIS 8 (1997).

Valid Exercise of Authority.

Members of the press are invited to attend financial town meetings; however, the moderator is authorized to manage and regulate the business of each meeting and to maintain peace and good order therein. Thus, a complaint filed by the attorney general under the Open Meetings Act, chapter 46 of title 42, against the moderator of a town meeting for ordering the removal of a member of the press had to be dismissed since the complaint did not state a claim upon which relief could be granted. Pine v. McGreavy, 687 A.2d 1244, 1997 R.I. LEXIS 8 (1997).

45-3-19. Disorderly conduct at meeting.

If any person conducts himself or herself in a disorderly manner in any town, representative district, or voting district meeting, the moderator may order that person to withdraw from the meeting; and, on the person’s refusal, may order the town sergeant, or any town constable present, or any other persons, to take him or her from the meeting and to confine him or her in some convenient place until the meeting is adjourned. The person refusing to withdraw shall, for each offense, be fined not exceeding twenty dollars ($20.00).

History of Section. G.L. 1896, ch. 38, § 12; G.L. 1909, ch. 48, § 13; G.L. 1923, ch. 49, § 12; G.L. 1938, ch. 331, § 10; G.L. 1956, § 45-3-19 ; P.L. 2015, ch. 260, § 37; P.L. 2015, ch. 275, § 37.

Compiler’s Notes.

P.L. 2015, ch. 260, § 37, and P.L. 2015, ch. 275, § 37 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Cross References.

Disturbance of meeting, penalty, § 11-11-1 .

45-3-20. Voting on motions.

The moderator of every town meeting shall, on a motion being made and seconded, relative to any business regularly before the meeting, after having heard all the electors entitled to vote on the motion who desire to be heard, cause the votes of the electors present to be taken on the motion. Whenever any question is pending in any town meeting involving an expenditure of money, or the incurring of liability by the town, or the disposition of town property, the vote shall be taken by ballot, if a ballot is called for and the call is seconded by at least one-fifth (1/5) of the electors present who are qualified to vote on the pending question.

History of Section. G.L. 1896, ch. 38, § 13; G.L. 1909, ch. 48, § 14; P.L. 1913, ch. 922, § 1; G.L. 1923, ch. 49, § 13; G.L. 1938, ch. 331, § 11; G.L. 1956, § 45-3-20 .

45-3-21. Majority required for action.

All questions relating to town affairs, excepting elections, shall be decided by a majority of the votes of the electors present entitled to vote on the question.

History of Section. G.L. 1896, ch. 38, § 15; G.L. 1909, ch. 48, § 16; G.L. 1923, ch. 49, § 15; G.L. 1938, ch. 331, § 12; G.L. 1956, § 45-3-21 .

45-3-22. Record of proceedings as evidence — Certificate of clerk.

A copy of the record of the proceedings of any town meeting, certified by the town clerk, is evidence of any act or vote of the town in town meeting assembled, and the certificate of the town clerk that no town meeting was held to consider any subject in the certificate mentioned, or that no vote of the town was taken upon the subject, is evidence of the fact, stated in the record of the proceedings.

History of Section. G.L. 1896, ch. 38, § 16; G.L. 1909, ch. 48, § 17; G.L. 1923, ch. 49, § 16; G.L. 1938, ch. 331, § 13; G.L. 1956, § 45-3-22 .

45-3-23. Compensation of district moderators and clerks.

The moderators and clerks of voting districts and representative districts in all cities and towns shall severally receive as compensation for their services the minimum sum of seventy-five dollars ($75.00) per day.

History of Section. G.L. 1909, ch. 48, § 19; P.L. 1919, ch. 1776, § 1; G.L. 1923, ch. 49, § 18; G.L. 1938, ch. 331, § 15; G.L. 1956, § 45-3-23 ; P.L. 1964, ch. 18, § 2; P.L. 1979, ch. 292, § 1; P.L. 1986, ch. 425, § 2; P.L. 1986, ch. 523, § 4.

45-3-24. Application to voting machine meetings.

The provisions of §§ 45-3-14 45-3-23 , govern elective meetings held in accordance with the provisions of chapter 19 of title 17, if and so far as they are applicable, and not inconsistent with the provisions of chapter 19 of title 17.

History of Section. G.L. 1896, ch. 38, § 17; G.L. 1909, ch. 48, § 18; G.L. 1923, ch. 49, § 17; G.L. 1938, ch. 331, § 14; G.L. 1956, § 45-3-24 .

45-3-25. Voting machines for municipal budget referenda.

  1. At the request of the council of a city or town, the board of elections shall furnish a sufficient number of voting machines for use in connection with votes taken at any municipal budget referenda. Any request shall be made to the board of elections not later than fifteen (15) days prior to the date of the municipal budget referenda.
  2. Nothing in this section makes the provisions of title 17 applicable to municipal budget referenda.

History of Section. P.L. 1988, ch. 137, § 1; P.L. 1998, ch. 432, § 1.

45-3-26. Town meetings to be open.

All town meetings are open to the public, including representatives of the press and news media; provided, that, in the event that there are space constraints, voters shall be admitted to the meetings before non-voters. Non-voters may be seated or assigned to a separate area as indicated by the moderator.

History of Section. P.L. 1996, ch. 308, § 1.

Chapter 4 Election and Qualification of Officers

45-4-1. Officers to be elected.

  1. The electors in each town shall, on their town election days, choose and elect as many town officers as are required by the laws of the state; that is to say, a moderator to preside in all the meetings of the town, and a town clerk, a town council to consist of not less than three (3) nor more than seven (7) members, a town treasurer, a town sergeant, a town sealer of weights and measures, one or more auctioneers, a number of assessors of taxes, not less than three (3) nor more than seven (7), as may be deemed necessary, one or more collectors of taxes, one or more corders of wood, one or more packers of fish, one or more poundkeepers, one sealer of leather, and as many constables, directors of public welfare, viewers of fences, gaugers of casks, and other officers as are required by law in the town and as each or any town has occasion for, including persons to superintend the building of chimneys and placing of stoves and stovepipes; provided, that in the town of East Greenwich no constables shall be elected under the provisions of this section.
  2. It is further provided that in the town of Burrillville no corders of wood, packers of fish, sealers of leather, gaugers of casks, and persons to superintend the building of chimneys and placing of stoves and stovepipes shall be elected under the provisions of this section.
  3. It is further provided that in the town of Exeter, no tax collector shall be elected under the provisions of this section. The town council of the town of Exeter shall amend the Exeter town ordinances to provide for and entitle the town council to appoint a tax collector who shall serve at the pleasure of the town council and who may be removed for cause shown pursuant to § 44-7-5 . Qualifications for the position shall be set by the town council and compensation paid as approved by the town financial meeting. The tax collector shall perform all duties previously required of the elected tax collector in the town of Exeter and any other duties required by law.
  4. It is further provided that in the town of North Kingstown, no fence viewer shall be elected or appointed under the provisions of this section.
  5. It is further provided that in the town of North Kingstown, no sealer of weights and measures shall be elected or appointed under the provisions of this section.

History of Section. G.L. 1896, ch. 39, § 1; G.L. 1909, ch. 49, § 1; G.L. 1923, ch. 50, § 1; G.L. 1938, ch. 332, § 1; G.L. 1956, § 45-4-1 ; P.L. 1967, ch. 24, § 1; P.L. 1976, ch. 107, § 1; P.L. 1996, ch. 48, § 1; P.L. 1996, ch. 330, § 1; P.L. 2006, ch. 117, § 2; P.L. 2006, ch. 118, § 1.

Cross References.

Canvassing authority, election, § 17-8-2 .

Municipal primaries, § 17-15-4 .

Nomination papers, number of signers required, § 17-14-7 .

Officers for execution of ordinances, election, § 45-6-8 .

Power of towns to elect and appoint officers and agents, § 45-2-10 .

Primaries, officers to be nominated at, § 17-15-7 .

Public welfare directors, § 40-4-1 .

School committee, election, § 16-2-5 .

School superintendent, certification, § 16-2-10 .

Surveyors of highways, § 24-5-2 .

Comparative Legislation.

Election of officers:

Conn. Gen. Stat. §§ 9-164 — 9-237a.

Mass. Ann. Laws ch. 41, §§ 1—11.

NOTES TO DECISIONS

Auctioneers.

An auctioneer appointed by town council under former § 45-17-1 (repealed) has the same status as auctioneer elected in town meeting under this section and the town council cannot appoint a person who resides in another town and is not a qualified elector. In re Harrington, 44 R.I. 288 , 117 A. 273, 1922 R.I. LEXIS 42 (1922).

Collateral References.

“At-large” elections as violation of § 2 of Voting Rights Act of 1965 (42 USC § 1973). 92 A.L.R. Fed. 824.

Validity of requirement that candidate be resident of governmental unit. 65 A.L.R.3d 1048.

45-4-2. Meetings not to interfere with elections.

In towns not divided into voting districts, and in which town meetings for the election of town officers and for the transaction of town business are held on the same day as an election for the officers mentioned in § 17-18-5 is held, the town meetings shall be held and conducted so as not to interfere or conflict with the provisions of chapters 2 — 4 of title 17.

History of Section. G.L. 1896, ch. 39, § 2; G.L. 1909, ch. 49, § 2; G.L. 1923, ch. 50, § 2; G.L. 1938, ch. 332, § 2; G.L. 1956, § 45-4-2 .

45-4-3. Assistant moderator to preside over town business.

Those towns mentioned in § 45-4-2 are authorized to elect an assistant moderator, who may preside at town meetings held on the same day as an election for the officers mentioned in § 17-18-5 is held, for the election of town officers and the transaction of town business, and with the power and authority in these town meetings as moderators would have.

History of Section. G.L. 1896, ch. 39, § 3; G.L. 1909, ch. 49, § 3; G.L. 1923, ch. 50, § 3; G.L. 1938, ch. 332, § 3; G.L. 1956, § 45-4-3 .

45-4-4. Duplicate lists of electors.

A duplicate list of the qualified electors in each of the towns shall be prepared for use in town meetings held under the provisions of §§ 45-4-2 and 45-4-3 .All the provisions of law relative to the preparation, furnishing, and use of voting lists apply to these duplicate lists.

History of Section. G.L. 1896, ch. 39, § 4; G.L. 1909, ch. 49, § 4; G.L. 1923, ch. 50, § 4; G.L. 1938, ch. 332, § 4; G.L. 1956, § 45-4-4 .

45-4-5. Certificate of election of clerk.

The mayor of every city and the president of every town council shall, as soon as possible after the election of city or town clerk, send to the secretary of state a certificate of the election of the city or town clerk, which certificate shall be kept on file in the office of the secretary of state.

History of Section. G.L. 1896, ch. 39, § 7; G.L. 1909, ch. 49, § 7; G.L. 1923, ch. 50, § 7; G.L. 1938, ch. 332, § 5; G.L. 1956, § 45-4-5 .

45-4-6. Determination of number of council members to be elected.

Before the election of members of the town council is begun at the town meeting, the electors shall determine the number of officers to be elected, except as may otherwise be specifically prescribed by law.

History of Section. G.L. 1896, ch. 39, § 8; G.L. 1909, ch. 49, § 8; G.L. 1923, ch. 50, § 8; G.L. 1938, ch. 332, § 6; G.L. 1956, § 45-4-6 .

NOTES TO DECISIONS

In General.

Election of councilmen was valid without formal vote as to the number to be elected where the number had been the same for a number of years and no one contested the number. State ex rel. Metcalf v. Andrews, 15 R.I. 394 , 6 A. 596, 1886 R.I. LEXIS 46 (1886).

The figure to be determined under this section is the number of elective councilmen to serve in addition to ex officio members. State v. Champlin, 16 R.I. 453 , 17 A. 52, 1889 R.I. LEXIS 18 (1889).

45-4-7. Election of council members.

The members of the town council shall be chosen immediately after the election of the town clerk; and in choosing them the vote shall be taken for the whole number at the same time.

History of Section. G.L. 1896, ch. 39, § 9; G.L. 1909, ch. 49, § 9; G.L. 1923, ch. 50, § 9; G.L. 1938, ch. 332, § 7; G.L. 1956, § 45-4-7 .

NOTES TO DECISIONS

In General.

Election of town council cannot be held until after the balloting for town clerk has been completed. In re Town Council, 20 R.I. 784 , 40 A. 6, 1898 R.I. LEXIS 91 (1898).

45-4-8. Repealed.

Repealed Sections.

Former § 45-4-8 (G.L. 1896, ch. 39, § 12; G.L. 1909, ch. 49, § 12; G.L. 1923, ch. 50, § 12; G.L. 1938, ch. 332, § 8; G.L. 1956, § 45-4-8 ), concerning the numbering of places on council ballots, was repealed by P.L. 1978, ch. 252, § 1. For present provisions, see § 17-19-7.1 .

45-4-9. Failure by electors to elect officer.

If any town, on the day of any election for town officers, fails to elect any of the officers whom they may lawfully choose, except town clerk, town council, and town treasurer, the officers shall be elected by the town council of the town at its next meeting; provided, that town councils may postpone the election of any of the officers to some future meeting. The several towns have full power to delegate to their respective town councils the election of any of the officers whom the town may lawfully choose, except town clerk, town council, and town treasurer.

History of Section. G.L. 1896, ch. 39, § 13; G.L. 1909, ch. 49, § 13; G.L. 1923, ch. 50, § 13; G.L. 1938, ch. 332, § 9; G.L. 1956, § 45-4-9 .

Cross References.

Adjourned meetings to complete election of officers, § 45-3-3 .

NOTES TO DECISIONS

Tie Votes.

Where the election of town assessor resulted in a tie vote, the town council had authority to elect a town assessor at its next regular meeting after the election day, notwithstanding the period for petitioning for a recount did not expire and the certificate of election could not issue until after such meeting. Andrews v. Stiles, 99 R.I. 546 , 209 A.2d 210, 1965 R.I. LEXIS 477 (1965).

45-4-10. Election of mayors.

Mayors of cities shall be elected by a plurality of the electors qualified to vote in the election of general officers, who shall vote for the candidates for that office.

History of Section. G.L. 1896, ch. 39, § 14; G.L. 1909, ch. 49, § 14; G.L. 1923, ch. 50, § 14; G.L. 1938, ch. 332, § 10; G.L. 1956, § 45-4-10 .

45-4-11. Engagement of town and city officers.

Unless some other form of engagement is specially prescribed by law, every person elected to any town or city office, whether by the town, city council, or town council, and every moderator and warden, and ward and district clerk, shall take the following engagement before he or she acts in that office, before some person authorized to administer oaths:

You (naming the person) do solemnly swear (or, affirm) that you will be true and faithful unto this state, and support the laws and Constitution thereof, and the Constitution of the United States; and that you will well and truly execute the office of (naming the office) for the term for which you have been elected, or until another be engaged in your place, or until you be legally discharged therefrom; so help you God (or this affirmation you make and give upon peril of the penalty of perjury).

History of Section. G.L. 1896, ch. 39, § 15; G.L. 1909, ch. 49, § 15; P.L. 1914, ch. 1039, § 2; G.L. 1923, ch. 50, § 15; G.L. 1938, ch. 332, § 11; G.L. 1956, § 45-4-11 .

NOTES TO DECISIONS

In General.

Although the oath taken need not be in the exact words of the statute, its meaning must be the same, so that a certificate which omits a statement that the official swore to be “true and faithful” to the state is not valid. Olney v. Pearce, 1 R.I. 292 , 1850 R.I. LEXIS 11 (1850).

45-4-12. Certificate of oath delivered to officer.

The officer administering the oath shall make and deliver to the officer a certificate of the taking of the oath.

History of Section. G.L. 1896, ch. 39, § 16; G.L. 1909, ch. 49, § 16; G.L. 1923, ch. 50, § 16; G.L. 1938, ch. 332, § 12; G.L. 1956, § 45-4-12 .

NOTES TO DECISIONS

Proof of Oath.

A certificate of an officer by whom the collector was engaged which failed to state that the oath required by § 45-4-11 was taken furnished no proof that the oath was not taken. Capwell v. Hopkins, 10 R.I. 378 , 1873 R.I. LEXIS 2 (1873).

45-4-13. Bond of tax collectors.

  1. Every collector of taxes shall give bond, with sufficient surety, for the faithful performance of his or her trust, to the town treasurer of the town for which the collector is chosen, in any sum the town or the town council determines, not exceeding double the amount of the tax with the collection of which the collector is charged. Whenever any town elects its town treasurer as collector of taxes for the town, the bond to be given by the collector under the provisions of this section shall be given to the town, and delivered to the town council for safekeeping, and upon the happening of any breach of the condition of the bond, an action on the bond may be commenced in the name of the town to which it was given.
  2. Any collector of taxes, for any fire district that is covered by any other bond held by the district which gives sufficient coverage and protection for his or her duties as determined by the board of commissioners of the district, is exempt from the requirements of this section.

History of Section. G.L. 1896, ch. 39, § 17; G.L. 1909, ch. 49, § 17; G.L. 1923, ch. 50, § 17; G.L. 1938, ch. 332, § 13; G.L. 1956, § 45-4-13 ; P.L. 1997, ch. 338, § 1.

NOTES TO DECISIONS

In General.

A taxpayer cannot object to the qualification of the collector on the ground of insufficient sureties since the bond is for the security of the town, rather than any one individual taxpayer, and the treasurer judges the sufficiency thereof. Capwell v. Hopkins, 10 R.I. 378 , 1873 R.I. LEXIS 2 (1873).

Failure to Furnish Bond.

Failure of collector of taxes for fire district to furnish bond did not make his acts illegal where charter did not provide for a bond. Quimby v. Wood, 19 R.I. 571 , 35 A. 149, 1896 R.I. LEXIS 43 (1896).

45-4-14. Powers of successor tax collectors.

In case of the death, resignation, or removal of any collector of taxes, the collector who is appointed to complete the collection of taxes has the same power to collect taxes as is by law given to the collector first appointed.

History of Section. G.L. 1896, ch. 39, § 18; G.L. 1909, ch. 49, § 18; G.L. 1923, ch. 50, § 18; G.L. 1938, ch. 332, § 14; G.L. 1956, § 45-4-14 .

45-4-15. Tenure of town officers.

All town officers shall hold their offices until the next election of town officers, and thereafter until their successors are lawfully qualified to act, except where it is expressly provided to the contrary.

History of Section. G.L. 1896, ch. 39, § 19; G.L. 1909, ch. 49, § 19; G.L. 1923, ch. 50, § 19; G.L. 1938, ch. 332, § 15; G.L. 1956, § 45-4-15 .

NOTES TO DECISIONS

Fraudulent Election.

Town clerk subject to a judgment of ouster because of a fraudulent election was permitted to hold office until his successor was determined. State v. Smith, 17 R.I. 415 , 22 A. 1020, 1891 R.I. LEXIS 46 (1891).

Holding Over.

Councilmen held over where new councilmen had not become qualified by reason of the failure of the town council properly to count the ballots in an election. Arnold v. Town Council, 49 R.I. 458 , 144 A. 54, 1929 R.I. LEXIS 88 (1929).

Where city ordinance provided that probate judge was to be chosen for a term of two years from the first Monday in January following each council election, but the new probate judge was not chosen until February, the prior probate judge was merely holding over and had no right to office after the selection of the new judge. McGair v. Goldstein, 109 R.I. 300 , 284 A.2d 586, 1971 R.I. LEXIS 1058 (1971).

Removal From Office.

The Jamestown town council had no power under its charter to create a vacancy on the council by removing a member from his office. Powers ex rel. Foley v. Caswell, 79 R.I. 188 , 86 A.2d 379, 1952 R.I. LEXIS 29 (1952).

45-4-16. Filling of vacancies in office.

  1. Whenever a vacancy occurs in any office by death, removal out of town, resignation, or by neglect or refusal to qualify, or for any other cause, the town council may fill the office until the next town meeting for the election of officers. Whenever from any cause there are vacancies in the town council of any town, so that there are not sufficient members to form a quorum, the town clerk shall call a special town meeting in the manner provided by law for calling special town meetings, at which meeting, or at any subsequent meeting called for that purpose, vacancies shall be filled in the manner provided for the election of officers.
  2. Whenever a vacancy occurs in the town council of the town of West Warwick, and the town council for any reason fails to fill the vacancy within thirty (30) days after the office becomes vacant, then the town clerk shall call for a special election in the manner provided by law; however, no special election shall be called where the vacancy occurs within nine (9) months of the next general election.

History of Section. G.L. 1896, ch. 39, § 20; G.L. 1909, ch. 49, § 20; P.L. 1910, ch. 640, § 40; G.L. 1923, ch. 50, § 20; G.L. 1938, ch. 332, § 16; G.L. 1956, § 45-4-16 ; P.L. 1986, ch. 304, § 1.

NOTES TO DECISIONS

Abandonment of Office.

A refusal or neglect to attend council meetings for a long period of time, coupled with removal of residence from the town, constituted abandonment of town council membership so as to justify the council in regarding the office as vacant. Powers ex rel. Foley v. Caswell, 79 R.I. 188 , 86 A.2d 379, 1952 R.I. LEXIS 29 (1952).

Council Vacancies.

Where a vacancy is created in the town council by resignation, moving from the town, neglect or refusal to qualify, or any other cause, the council may fill the office until the next town meeting for election of officers. Powers ex rel. Foley v. Caswell, 79 R.I. 188 , 86 A.2d 379, 1952 R.I. LEXIS 29 (1952).

Office of Town Clerk.

Whenever a vacancy occurs in the office of the town clerk through death it should be filled by the town council under this section and § 45-5-6 , and only if it fails to act can the treasurer issue his warrant for town meeting under § 45-3-10 . Morgan v. Allen, 51 R.I. 228 , 153 A. 791, 1931 R.I. LEXIS 22 (1931).

Resignation.

Conduct indicating resignation from public office as where an inconsistent or incompatible office is taken, is action signifying to the voters at large that the officer is done with his former duties. De Luca v. Rhode Island State Bd. of Elections, 119 R.I. 59 , 376 A.2d 326, 1977 R.I. LEXIS 1871 (1977).

Resignation from public office may be written, oral, or implied from conduct. De Luca v. Rhode Island State Bd. of Elections, 119 R.I. 59 , 376 A.2d 326, 1977 R.I. LEXIS 1871 (1977).

Where a resignation is in writing it must be signed by the party tendering it. De Luca v. Rhode Island State Bd. of Elections, 119 R.I. 59 , 376 A.2d 326, 1977 R.I. LEXIS 1871 (1977).

Where the council president dictated a letter of resignation and expressed an intent to sign it in the future, his action did not constitute a resignation but only indicated that he was considering resigning. De Luca v. Rhode Island State Bd. of Elections, 119 R.I. 59 , 376 A.2d 326, 1977 R.I. LEXIS 1871 (1977).

45-4-17. Special statutes controlling.

The provisions of this chapter are subject to the provisions of any special statutes respecting any particular town or city, none of which are repealed by this section; provided, that no elected or appointed official or member of a board or commission, or employee of any city or town, shall be disqualified in that capacity because he or she serves as a delegate to a constitutional convention of the state, or other unpaid position with the state.

History of Section. G.L. 1896, ch. 39, § 22; G.L. 1909, ch. 49, § 22; G.L. 1923, ch. 50, § 22; G.L. 1938, ch. 332, § 18; G.L. 1956, § 45-4-17 ; P.L. 1966, ch. 56, § 1; P.L. 1988, ch. 142, § 1.

45-4-18. Application to voting machine meetings.

The provisions of this chapter govern elective meetings held in accordance with the provisions of chapter 19 of title 17, if and so far as they are applicable and not inconsistent with the provisions of chapter 19 of title 17.

History of Section. G.L. 1896, ch. 39, § 23; G.L. 1909, ch. 49, § 23; G.L. 1923, ch. 50, § 23; G.L. 1938, ch. 332, § 19; G.L. 1956, § 45-4-18 .

45-4-19. Combination of voting districts for special city council election in the city of Pawtucket.

  1. Notwithstanding any provision of the general or public laws to the contrary, the Pawtucket board of canvassers shall combine councilmatic voting districts for a special primary election and special election in 2018 to fill a vacancy on the Pawtucket city council. The districts shall be combined so that there shall be at least one voting district in each of the six (6) council wards in the city.
  2. Once the voting districts are combined as provided in subsection (a), the local board must advertise the combination of districts in a newspaper of general circulation in the city no less than seven (7) days before the special primary election and again no less than seven (7) days prior to the special election.

History of Section. P.L. 2018, ch. 1, § 1; P.L. 2018, ch. 3, § 1.

Compiler’s Notes.

P.L. 2018, ch. 1, § 1, and P.L. 2018, ch. 3, § 1 enacted identical versions of this section.

45-4-20. Combination of voting districts for 2019 special town council election in the town of Barrington.

  1. Notwithstanding any provision of the general or public laws to the contrary and solely for purposes of a 2019 special town council election, only the Barrington board of canvassers shall combine all town council districts into one voting district.
  2. Once the voting districts are combined, as provided in subsection (a), the local board shall advertise this one-time-only combination of districts, in a newspaper of general circulation in the town, no less than seven (7) days prior to the special election.

History of Section. P.L. 2019, ch. 1, § 1; P.L. 2019, ch. 2, § 1.

Compiler’s Notes.

P.L. 2019, ch. 1, § 1, and P.L. 2019, ch. 2, § 1 enacted identical versions of this section.

45-4-21. Combination of voting precincts for special school committee election in the town of Coventry.

  1. Notwithstanding any provision of the general or public laws to the contrary, the Coventry board of canvassers shall combine school committee voting precincts for a special election in 2019 to fill a vacancy on the Coventry School Committee. The precincts shall be combined so that there shall be two (2) voting precincts. Voting shall take place at Summit Baptist Church and Maple Root Baptist Church.
  2. Once the voting precincts are combined as provided in subsection (a), the local board shall advertise the combination precincts in a newspaper of general circulation in the town no less than seven (7) days prior to the special election.

History of Section. P.L. 2019, ch. 5, § 1; P.L. 2019, ch. 6, § 1.

Compiler’s Notes.

P.L. 2019, ch. 5, § 1, and P.L. 2019, ch. 6, § 1 enacted nearly identical versions of this section.

Chapter 5 Councils and Governing Bodies

45-5-1. Management of affairs of town.

The town council of each town has full power to manage the affairs and interests of the town, and to determine all matters and things as by law come within its jurisdiction.

History of Section. G.L. 1896, ch. 40, § 4; G.L. 1909, ch. 50, § 4; G.L. 1923, ch. 51, § 4; G.L. 1938, ch. 333, § 4; G.L. 1956, § 45-5-1 .

Cross References.

Airport zoning boards, appointments to, § 1-3-6 .

Animal diseases, ordinances for control, § 4-4-18 .

Athletic games on Sunday, licensing, § 41-6-1 et seq.

Bonfires requiring special permission from local governing body, § 11-4-8 .

Boxing or wrestling match, approval, §§ 41-5-5 , 41-5-21 .

Claim or demand against town, presentment to, § 45-15-5 .

Common and undivided lands, proprietors, § 34-3-3 .

Constitutional provision for legislative bodies, R.I. Const., Art. XIII, Sec. 3 .

Criminals, rewards for apprehension, § 12-1-3 .

Diseases, investigation and quarantine, § 23-8-4 et seq.

Drain across lands of another, petition for, § 46-20-1 et seq.

Driftways, laying out, § 24-1-10 et seq.

Election and qualification of members, § 45-4-1 et seq.

Election supervisors, compensation, § 17-11-13 .

Exposed beach areas, designation, § 46-3-7 .

Field-drivers, appointment, § 4-15-2 .

Fines, penalties, and forfeitures, actions to recover, § 12-21-1 et seq.

Forest fire chiefs, designation of, § 2-11-2 .

Harbor master, appointment, § 46-4-2 .

Hide and leather inspectors, appointment, § 5-12-1 .

Highway districts, allotments of appropriations for maintenance, § 24-5-5 .

Highways, abandonment, § 24-6-1 et seq.

Highways, improvement and grading, § 24-3-1 et seq.

Highways, laying out and taking, § 24-1-1 et seq.

Housing authorities, establishment, §§ 45-25-4 et seq., 45-26-2 , 45-26-3 .

Illegal assemblies purporting to exercise governmental powers, dispersal, §§ 11-43-5, 11-43-14.

Impersonation of council member, penalty, § 11-14-1 .

Intoxicating liquors, licensing of sale, § 3-5-15 .

Judgment against town, tax levy to pay, § 45-15-6 .

Justices of the peace, appointment, § 42-30-1 .

Library gifts, acceptance, § 29-4-4 .

Library trustees, appointment, § 29-4-5 .

Measurers of boards, appointment, § 2-20-1 .

Militia duty, exemption of members, § 30-1-7 .

Naming of localities, § 45-6-4 .

Pawnbrokers, licensing, § 19-26-1 et seq.

Police constables, election, § 45-16-7 .

Railroad stations, approval of names, § 45-6-5 .

Sealer, appointment of deputies, § 47-2-8 .

Sidewalks and curbs, installing and maintenance, § 24-7-1 et seq.

Soda and cream of tartar inspector, appointment, § 21-26-1 .

Special constables, election, § 45-16-8 .

State police, request for assignment, § 42-28-12 .

Station houses for women, designation, § 13-5-2 .

Subdivisions of land, rules and regulations, § 45-23-25 et seq.

Town meetings, calling, §§ 45-3-6 , 45-3-7 .

Tree warden, appointment, § 2-14-2 .

Vaccinations, providing for, § 23-6-3 et seq.

Vital statistics, appointment of local registrar, § 23-3-6 .

Warrant for election of members of general assembly, failure to issue, § 17-3-8 .

Water pollution, expenditures for control, § 46-12-23 .

Weighers, appointment, §§ 47-7-1 , 47-7-2 .

Windmills, authority to locate and remove, §§ 11-22-6 , 11-22-7 .

Wrecks commissioner, appointment, § 46-10-1 .

Zoning ordinances, § 45-24-27 et seq.

Comparative Legislation.

Town governing bodies:

Conn. Gen. Stat. §§ 7-10 — 7-14.

Mass. Ann. Laws ch. 41, §§ 20—23d.

NOTES TO DECISIONS

In General.

The actions of a city or town council are presumed to be valid. Laverty v. Roberts, 414 A.2d 461, 1980 R.I. LEXIS 1560 (1980).

Management of Trusts.

Serving as the elected representative of the residents of a town, the town council should be deemed the appropriate agent of the municipal corporation to administer trusts on behalf of the town and in the absence of express intent of the settlor to the contrary, it will be presumed that the settlor of a charitable trust of which a municipality is appointed trustee intended the town council to act as the trustee’s agent for purposes of trust administration. Raymond Constr. Co. v. Bisbano, 114 R.I. 1 , 326 A.2d 858, 1974 R.I. LEXIS 1051 (1974).

Ordinances.

Where ordinances are passed under a general grant of power with the mode of exercise being left to the discretion of the municipality, the courts will consider the reasonableness of such ordinance and pass directly on their validity, and will apply the same tests as in determining the constitutionality of a statute having a like purpose. Newman v. Mayor of Newport, 73 R.I. 385 , 57 A.2d 173, 1948 R.I. LEXIS 10 (1948).

An ordinance controlling location of trailer camps was not authorized by this section. Wood v. Peckham, 80 R.I. 479 , 98 A.2d 669, 1953 R.I. LEXIS 99 (1953).

45-5-2. Probate meetings.

Town councils in towns where the council has probate jurisdiction shall hold regular meetings for the transaction of council and probate business as often as once in each month, at a time in the month and at a place within the town that the council shall by general order fix and determine.

History of Section. G.L. 1896, ch. 40, § 2; G.L. 1909, ch. 50, § 2; G.L. 1923, ch. 51, § 2; G.L. 1938, ch. 333, § 2; G.L. 1956, § 45-5-2 .

45-5-3. Quorum — Majority required for action.

A majority of the persons elected as members of any town council shall be a quorum and a majority of the members present at any legal meeting may determine any matter legally before them.

History of Section. G.L. 1896, ch. 40, § 1; G.L. 1909, ch. 50, § 1; G.L. 1923, ch. 51, § 1; G.L. 1938, ch. 333, § 1; G.L. 1956, § 45-5-3 .

Cross References.

Election of council members, §§ 45-4-6 , 45-4-7 .

NOTES TO DECISIONS

In General.

Service by sheriff of notice of injury upon individual members of town council at different times and different places was not service upon town council as required by § 45-15-10 because a majority of elected councilmen present at any legal meeting is necessary to constitute the town council. Seamons v. Fitts, 21 R.I. 236 , 42 A. 863, 1899 R.I. LEXIS 15 (1899).

Collateral References.

What constitutes requisite majority of members of municipal council voting on issue. 43 A.L.R.2d 698.

45-5-4. Continuation of business from time to time.

Town councils sitting either for the transaction of council or probate business may continue from time to time any business pending before them which may be undisposed of and, whenever from any cause a quorum of the council is not present at the time for any regular meeting of the council, the council clerk shall continue all business and proceedings returnable to or pending before the council to the next regular meeting of the council. All parties in interest notified or cited to appear before the council shall be held to appear before the council at the time during which the proceedings or business may be continued, in the same way and with the same effect in all respects as they were held to appear at the meeting from which the business or proceedings were continued.

History of Section. G.L. 1896, ch. 40, § 3; G.L. 1909, ch. 50, § 3; G.L. 1923, ch. 51, § 3; G.L. 1938, ch. 333, § 3; G.L. 1956, § 45-5-4 .

Collateral References.

Lobbying, validity of contract to appear before municipal council. 29 A.L.R. 172; 67 A.L.R. 684.

45-5-5. Clerk of council.

The town clerk is clerk of the town council. Whenever any town clerk does not appear at the time and place appointed for the meeting of the town council, the town council may appoint a clerk pro tempore, who, after being duly engaged, shall do and perform all the duties enjoined by law on the town clerk as clerk of the town council.

History of Section. G.L. 1896, ch. 40, § 10; G.L. 1909, ch. 50, § 10; G.L. 1923, ch. 51, § 10; G.L. 1938, ch. 333, § 10; G.L. 1956, § 45-5-5 .

Cross References.

Failure of presiding officer or clerk to perform duties, penalty, § 11-28-3 .

Collateral References.

Minutes, power of municipal council to correct. 3 A.L.R. 1308.

45-5-6. Filling of vacancies in office.

In case of vacancy in the office of any officer whom a town or town council is authorized to elect, the town council may elect a suitable person to fill the vacancy.

History of Section. G.L. 1896, ch. 40, § 9; G.L. 1909, ch. 50, § 9; G.L. 1923, ch. 51, § 9; G.L. 1938, ch. 333, § 9; G.L. 1956, § 45-5-6 .

Cross References.

Election of officers after failure by electors to elect, § 45-4-9 .

Moderator or clerk of voting district, filling of vacancies, § 17-11-10 .

NOTES TO DECISIONS

In General.

Whenever a vacancy occurs in the office of the town clerk through death, it should be filled by town council under this section and § 45-4-16 , and only if they fail to act can the treasurer issue his warrant for town meeting under § 45-3-10 . Morgan v. Allen, 51 R.I. 228 , 153 A. 791, 1931 R.I. LEXIS 22 (1931).

45-5-7. Town clerk pro tempore.

Whenever it satisfactorily appears to the town council that the town clerk is disqualified, from any cause whatsoever, to exercise and perform the several duties of his or her office, it may and shall appoint a town clerk pro tempore, who is qualified as provided in this chapter, and is authorized to perform all the duties of town clerk, until the disability of the town clerk is, in the opinion of the town council, removed, or until a town clerk is legally elected by the town.

History of Section. G.L. 1896, ch. 40, § 11; G.L. 1909, ch. 50, § 11; G.L. 1923, ch. 51, § 11; G.L. 1938, ch. 333, § 11; G.L. 1956, § 45-5-7 .

45-5-8. Suspension or removal of surveyor of highways.

In case of the incapacity of any surveyor of highways, or of any tyrannical and unwarrantable exercise by the surveyor of the powers of his or her office, the town council may, after giving the surveyor notice that the council deems reasonable, either suspend or altogether remove the surveyor from his or her office and appoint another in his or her place.

History of Section. G.L. 1896, ch. 40, § 12; G.L. 1909, ch. 50, § 12; G.L. 1923, ch. 51, § 12; G.L. 1938, ch. 333, § 12; G.L. 1956, § 45-5-8 .

Cross References.

Surveyors of highways, appointment and removal, § 24-5-2 .

NOTES TO DECISIONS

Right to Appeal.

The judgment of a town council in removing a surveyor of highways under this section is not appealable. Walsh v. Town Council of Johnston, 18 R.I. 88 , 25 A. 849, 1892 R.I. LEXIS 19 (1892).

45-5-9. Election of town auditors.

In addition to the other officers that the town council of any town is authorized to elect, the town council of any town may elect one or more town auditors, prescribe their duties by ordinance, and fix their compensation.

History of Section. G.L. 1896, ch. 40, § 42; P.L. 1909, ch. 402, § 1; G.L. 1923, ch. 51, § 45; G.L. 1938, ch. 333, § 48; G.L. 1956, § 45-5-9 .

NOTES TO DECISIONS

Duties Prescribed by Ordinance.

Petitioner elected by town council as town auditor of all bills and claims against the town pursuant to an ordinance enacted under this section could not maintain a petition for quo warranto against member of finance committee previously elected at a financial town meeting on the theory that the petitioner had superseded the finance committee, since ordinance did not prescribe the duties or powers of petitioner in passing upon claims. Hudson v. Johnson, 30 R.I. 194 , 74 A. 178, 1909 R.I. LEXIS 15 (1909).

Election Under Statutory Provisions.

Auditor duly elected by town council did not lose his office when the town council passed a new ordinance defining his powers, since he was elected under the provisions of this section and not by an ordinance. Hunt v. Sanders, 30 R.I. 480 , 76 A. 179, 1910 R.I. LEXIS 47 (1910).

45-5-10. Fees for licenses and commissions issued to officers.

Town councils and city councils are authorized to charge and collect for licenses and commissions issued to officers elected or appointed by them, fees that the town and city councils, respectively, fix by ordinance or resolution; provided, that the license fee for appointment of town constable with power to serve civil process in accordance with § 9-5-10.1 is not less than five dollars ($5.00) and not more than twenty-five dollars ($25.00).

History of Section. P.L. 1897, ch. 474, § 1; G.L. 1909, ch. 50, § 36; P.L. 1916, ch. 1360, § 1; G.L. 1923, ch. 51, § 39; G.L. 1938, ch. 333, § 39; G.L. 1956, § 45-5-10 ; P.L. 2015, ch. 260, § 38; P.L. 2015, ch. 275, § 38.

Compiler’s Notes.

P.L. 2015, ch. 260, § 38, and P.L. 2015, ch. 275, § 38 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-5-11. Burial lands and funds.

  1. Town councils may take and hold, to them and their successors in office, all lands within their towns, conveyed to them in trust for burial purposes and, in like manner, may receive, hold, and manage all funds conveyed to them for the purpose of ornamenting or keeping in repair these burial lots within their towns, and execute the trusts in accordance with the terms contained in the instruments of conveyance. Funds received, or already received, may be placed in a general burial lot fund and this fund may be invested in securities which are legal for investment of funds of savings banks in this state. The earnings of this fund shall be apportioned to the various individual trusts in the proportion each trust, including any undisbursed earnings, bears in relation to the total of the general burial lot fund. Funds received or already received for the purpose of ornamenting or keeping in repair burial lots in town-owned cemeteries may be placed in a general burial lot fund, and this fund may be invested in securities which are legal for investment of funds of savings banks in this state. The earnings of this fund shall be apportioned to the individual trusts in the proportion that the principal of each trust bears in relation to the total principal in the general burial lot fund.
  2. Effective July 1, 1976, the town of Bristol shall not apportion the earned income of the fund, and it shall be used for maintenance of the entire burial ground.
  3. Effective July 1, 1979, the towns of Tiverton and Richmond shall not apportion the earned income of their respective funds, and it shall be used for maintenance of their entire burial grounds.
  4. Effective July 1, 2013, the town of Middletown shall not apportion the earned income of the fund, and it shall be used for maintenance of the entire burial ground.

History of Section. G.L. 1896, ch. 40, § 35; G.L. 1909, ch. 50, § 37; G.L. 1923, ch. 51, § 40; G.L. 1938, ch. 333, § 40; P.L. 1945, ch. 1662, § 1; G.L. 1956, § 45-5-11 ; P.L. 1976, ch. 13, § 1; P.L. 1979, ch. 34, § 1; P.L. 1979, ch. 114, § 1; P.L. 2013, ch. 261, § 1; P.L. 2013, ch. 363, § 1.

Compiler’s Notes.

P.L. 2013, ch. 261, § 1, and P.L. 2013, ch. 363, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Refusal to Accept Trust.

Where town council would not accept the trust, the amount of the legacy could be paid into the registry of the court as some town council in the future might decide to accept the trust. Rhode Island Hosp. Trust Co. v. Town Council of Warwick, 29 R.I. 393 , 71 A. 644, 1909 R.I. LEXIS 27 (1909).

45-5-12. Neglected burial grounds.

  1. Town councils may also take possession of and hold ancient, neglected, or abandoned burial grounds including historic cemeteries as defined in § 23-18-1(5) , whenever they can take possession without opposition from the persons interested in those grounds. The councils may take, hold, and manage in trust all funds given to the councils to keep these grounds in repair or for ornamenting or improving these grounds, and may in their discretion appropriate from the treasury of their towns money for the purpose of keeping in repair, preserving the monuments in, and maintaining any neglected burial ground.
  2. Any person interested in caring for burial ground described in subsection (a) which has not been maintained and the owner of which is unknown or whose present address is unknown, may petition the town council for permission to clean up and maintain that burial ground at the person’s own expense. Upon approval of this petition on any conditions the council may deem appropriate, the council shall cause an advertisement to be placed in a local newspaper providing notice that the burial ground is to be entered and cleaned up and thereafter maintained, and notifying persons with a property interest in this burial ground who have objections to come forward by a date certain.

History of Section. G.L. 1896, ch. 40, § 36; G.L. 1909, ch. 50, § 38; G.L. 1923, ch. 51, § 41; G.L. 1938, ch. 333, § 41; G.L. 1956, § 45-5-12 ; P.L. 1995, ch. 338, § 1.

45-5-13. Administration of oaths and engagements.

The town council of any town, and each of the members of the town council, may administer oaths in any matter pending before the council, and may engage town officers upon their warrants or commissions, and a record shall be made, or a certificate given, of these engagements.

History of Section. G.L. 1896, ch. 40, § 38; G.L. 1909, ch. 50, § 40; G.L. 1923, ch. 51, § 43; G.L. 1938, ch. 333, § 43; G.L. 1956, § 45-5-13 .

Cross References.

Power to administer oaths, § 36-2-3 .

45-5-14. Subpoena of witnesses.

Every town council, city council, school committee, or any committee of any of these bodies, may, by their presiding officers, issue subpoenas to witnesses to testify in any manner pending before them, may administer oaths to these witnesses, may compel their attendance, and may punish them for nonattendance by a fine not exceeding twenty dollars ($20.00).

History of Section. C.P.A. 1905, § 360; G.L. 1909, ch. 292, § 6; G.L. 1923, ch. 342, § 6; G.L. 1938, ch. 537, § 4; G.L. 1956, § 45-5-14 .

NOTES TO DECISIONS

Subpoena Duces Tecum.

This section expressly vests the committee with the power to issue subpoenas ad testificandum, but not having been given express statutory authority to issue subpoenas duces tecum, a court may not, in the exercise of its inherent power to issue subpoenas, do so on behalf of such committee. Donatelli Bldg. Co. v. Cranston Loan Co., 87 R.I. 293 , 140 A.2d 705, 1958 R.I. LEXIS 58 (1958).

45-5-15. Bonds given to council.

In every case where bonds are required by law to be given to any town council, they may be given to the town council by name, without naming the persons at the time constituting the town council, and may be sued in the same manner.

History of Section. G.L. 1896, ch. 40, § 39; G.L. 1909, ch. 50, § 41; G.L. 1923, ch. 51, § 44; G.L. 1938, ch. 333, § 47; G.L. 1956, § 45-5-15 .

45-5-16. Appeals from orders and decrees.

Any person aggrieved by any order or decree of a town council may appeal to the superior court for the county in which the town is located, within forty (40) days after the order or decree is made, unless another provision is made.

History of Section. G.L. 1896, ch. 40, § 40; C.P.A. 1905, § 1097; G.L. 1909, ch. 50, § 42; G.L. 1923, ch. 51, § 46; G.L. 1938, ch. 333, § 49; G.L. 1956, § 45-5-16 .

Cross References.

Appeals in ditch and drainage cases, § 46-20-4 .

NOTES TO DECISIONS

Permits.

No appeal lies from an order of the town council granting a building and petroleum storage permit since the order related to a matter of internal police and administrative government. Order of St. Benedict v. Town Council of Portsmouth, 84 R.I. 503 , 125 A.2d 150, 1956 R.I. LEXIS 103 (1956).

Right to Appeal.

This section does not provide for a right of appeal but merely a time limit for an appeal if such an appeal is expressly provided for elsewhere. Order of St. Benedict v. Town Council of Portsmouth, 84 R.I. 503 , 125 A.2d 150, 1956 R.I. LEXIS 103 (1956); Eastern Scrap Servs. v. Harty, 115 R.I. 260 , 341 A.2d 718, 1975 R.I. LEXIS 1148 (1975).

45-5-17. Claim and prosecution of appeals.

The appeal shall be claimed within forty (40) days by the filing with the town or city clerk of a written claim of appeal and the payment to the clerk at that time of the lawful fees for a copy of the record of the proceeding appealed from. Within fifty (50) days from the date of the determination appealed from the appellant shall file a copy of the record of the proceeding appealed from, together with a specific statement of the appellant’s reasons of appeal, in the clerk’s office of the superior court for the county, to which reasons the appellant shall be restricted, unless for cause shown, and with or without terms, the superior court allows amendments of the appeal and additions to it. Notice of the appeal shall be given in the same manner, and the assignment day of the appeal shall be the same, as is provided for probate appeals, and any justice of the superior court may, with or without terms, extend the time for filing a copy of the record and for making service or further service of the notice of the appeal.

History of Section. G.L. 1896, ch. 40, § 41; C.P.A. 1905, § 1097; G.L. 1909, ch. 50, § 43; G.L. 1923, ch. 51, § 47; G.L. 1938, ch. 333, § 50; G.L. 1956, § 45-5-17 .

NOTES TO DECISIONS

Amendment of Record.

The words “unless for cause shown” mean that amendments are allowed only if material. Fletcher v. Board of Aldermen, 33 R.I. 388 , 83 R.I. 388 , 81 A. 193, 1911 R.I. LEXIS 144 (1911).

Reasons for Appeal.

The requirement that reasons for appeal be filed within 50 days of determination of town council decision appealed from its jurisdictional and failure to file within that time is not cured by waiver or agreement of the parties. Pilgrim Land Developers v. Santilli, 114 R.I. 20 , 327 A.2d 838, 1974 R.I. LEXIS 1054 (1974).

45-5-18. Special charters controlling.

The provisions of the sections of this chapter and chapter 6 of this title are subject to the provisions of any special charters respecting any particular town or city.

History of Section. G.L. 1938, ch. 333, § 51; G.L. 1956, § 45-5-18 .

45-5-19. Appointment of municipal officer under home rule charter.

Notwithstanding any provision of the general or public laws providing for the appointment of a municipal officer by the mayor of a city or the president of a town council, if the home rule charter of any city or town adopted pursuant to article XIII of the Constitution of Rhode Island provides that an appointment of this officer shall be by the city or town council, then the officer’s appointment shall be made by the council.

History of Section. G.L. 1956, § 45-5-19 ; P.L. 1964, ch. 230, § 1; P.L. 1988, ch. 84, § 100.

45-5-20. Power of city and town councils to establish intermunicipal agreements for joint purchasing of common-use items.

City and town councils may establish joint agreements between two (2) or more municipalities for the purpose of purchasing materials, supplies, tools, and other items common in usage between units of local government. City or town councils may, jointly or independently, seek the services of the division of purchases, department of administration, in procuring items necessary to the operation of the city or town which it governs and which items are common in usage to those procured by the state, and the division of purchasers shall, upon request, by a city or town council, furnish lists of supplies and equipment to city or town purchasing agents.

History of Section. P.L. 1970, ch. 51, § 1; P.L. 1991, ch. 186, § 1.

Cross References.

Bathing areas, § 23-22.5-11 .

45-5-20.1. Power of city and town councils and regional school districts to jointly establish an insurance corporation, to obtain insurance, and to enter into a cooperative risk management program.

  1. Cities and town councils, school committees, water and fire districts may, through passage of a resolution, establish agreements between two (2) or more cities, town councils, school committees, and water and fire districts for obtaining for obtaining or effecting insurance by self insurance, for obtaining or effecting insurance from any insurer authorized to transact insurance in the state, or for obtaining and effecting insurance secured in accordance with any other method provided by law, or by combination and of the provisions of this section for obtaining and effecting insurance. Agreements made pursuant to this section may provide for pooling of self insurance reserves, risks, claims and losses, and of administrative expenses associated with the same, among local government units.
  2. For purposes of this section the term “Eligible Entities” shall mean any city, town, school committee, water or fire district, or other public or quasi-municipal authority, agency or entity, or organization that is an instrumentality of such cities or towns, or any group of such cities or towns, authorities, agencies or entities which is a member of the corporations created pursuant to the provisions of this section.
  3. To accomplish the purposes of this section any two (2) or more cities, towns, school committees, or water and fire districts, may authorize the creation of separate corporations (the “corporation”) for the purpose of: (1) issuing to the eligible entities policies of insurance and reinsurance of all types and categories, including, without being limited to, the following types and categories: property, casualty, and life, accident, and health insurance, and (2) developing and administering an interlocal risk management program. The corporations, in addition, may have as their purposes reducing the risk of its members; safety engineering; distributing, sharing, and pooling risks; acquiring excess loss insurance; and processing and defending claims against the members of the corporations. Any contributions made to the corporations for the purpose of distributing, sharing, or pooling risks shall be made on actuarially sound basis, and the corporations shall have an audit performed annually, copies of which shall be provided to the members of the corporations, and the auditor general; discrete accounts shall be kept for each risk management program developed and administered by the corporations.
  4. The corporations shall not be considered an insurance company and shall not be subject to the provisions of the laws of the state of Rhode Island regulating insurance companies and therefore shall in no way be regulated by the Rhode Island department of business regulation.
  5. The corporations created pursuant to the provisions of this section will be created by filing articles of incorporation pursuant to chapter 6 of title 7 entitled Rhode Island Nonprofit Corporation Act and the articles of incorporation will be filed by an incorporator/incorporators designated by the city, town councils, school committees, or water or fire districts, authorizing the creation of the corporation. The articles of incorporation creating the corporations pursuant to the provisions of this section may contain provisions, not inconsistent with this section, that the incorporators determine to be desirable or useful in fulfilling the purposes set forth in this section. The corporations created pursuant to the provisions of this section will have the powers of a nonprofit corporation created under chapter 6 of title 7 entitled Rhode Island Nonprofit Corporation Act including, without being limited to, the power to issue bonds, notes, and other obligations in any amounts and upon any terms that the corporation’s governing board determines.
  6. The corporations created pursuant to the provisions of this section, notwithstanding the filing of its articles of incorporation pursuant to chapter 6 of title 7 entitled Rhode Island Nonprofit Corporation Act, (1) will be deemed to be public corporations, instrumentality, and agency of the state of Rhode Island acting for the benefit of the municipalities which are members of the corporations and its eligible entities but will not constitute a department of the government of the state of Rhode Island, and (2) will be deemed to be exercising public and essential governmental functions of the state of Rhode Island. No part of the net earnings of the corporations created pursuant to the provisions of this section will be distributable to, or inure to the benefit of, any private person. The members of the governing board of the corporations created pursuant to the provisions of this section will consist solely of chief executives, chief elected officials, finance directors, or treasurers of municipalities, or any other municipal officials that may be provided for in the bylaws of the corporations, and the members shall receive no compensation for the performance of their duties but each member may be reimbursed for his or her reasonable expenses incurred in carrying out their duties.
  7. The bonds, notes, or other obligations issued by the corporations created pursuant to the provisions of this section will not be deemed to constitute a debt or liability or obligation of the state of Rhode Island or of any political subdivision of the state or of any municipality which is a member of the corporation but will be payable solely from the revenues or assets of the corporations.
  8. Notwithstanding any provision of this chapter or special or general law to the contrary, each eligible entity which is a member of the corporations created pursuant to the provisions of this section will be authorized to enter into contracts with the corporations with respect to, among other matters, the payment of premiums and other payments, for terms not exceeding twenty-five (25) years in duration. To the extent that the obligation to pay premiums or make other payments under any contract is deemed to constitute the incurring of indebtedness by an eligible entity the contract may nevertheless be entered into without obtaining the approval of the electors of the city or town notwithstanding the provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provisions of the city’s or town’s charter or any special or general law to the contrary. Any contract may be entered into by an eligible entity either prior to or subsequent to the making of any appropriations which may be needed to carry out the obligations of the eligible entity under the contract.
  9. The property and assets of the corporations created pursuant to the provisions of this section, the income of the corporations, and any bonds, notes, or other obligations issued by the corporation, their transfer, and the income from these (including any profits made on the sale thereof) will at all times be free from taxation by the state of Rhode Island or any political subdivision or other instrumentality of the state of Rhode Island, excepting inheritance, estate, and gift taxes with respect to the bonds, notes, or other obligations issued by the corporations.
  10. Whenever the governing board of the corporations created pursuant to the provisions of this section determines that the purposes for which the corporations were created have been substantially fulfilled and all bonds, notes, or other obligations of the corporations have been fully paid or adequate provision has been made for their payment, the corporations may be dissolved in the manner provided for nonprofit corporations pursuant to chapter 6 of title 7 entitled Rhode Island Nonprofit Corporation Act and, upon the corporations’ dissolution, title to all funds and assets of the corporation shall vest in and become the property of the members of the corporation in proportions that are provided for in the corporation’s articles of incorporation.
  11. No corporations created pursuant to the provisions of this section shall be required to pay any recording or filing fee or any transfer tax of any kind on account of papers or instruments recorded or filed by it or on its behalf.
  12. No corporations created pursuant to the provisions of this section and no agent or broker acting on behalf of the corporations shall be required to pay a surplus line premium tax of any kind on premiums for any policies of insurance and reinsurance to or from the corporations.

History of Section. P.L. 1981, ch. 274, § 1; P.L. 1986, ch. 108, § 2; P.L. 1988, ch. 290, § 1; P.L. 2006, ch. 57, § 1; P.L. 2006, ch. 161, § 1; P.L. 2009, ch. 31, § 1; P.L. 2009, ch. 72, § 1.

Compiler’s Notes.

P.L. 2009, ch. 31, § 1, and P.L. 2009, ch. 72, § 1, enacted identical amendments to this section.

Legislative Intent.

Section 1 of P.L. 1986, ch. 108 contains legislative findings regarding the availability and cost of insurance policies for cities and towns.

45-5-20.2. Power of city and town councils and regional school districts to jointly establish a corporation to manage and operate OPEB trusts.

  1. Notwithstanding the provisions of any general or special law to the contrary, corporations established pursuant to § 45-5-20.1 also shall have the power to manage and operate such other post-employment benefit (OPEB) trusts as are established pursuant to § 45-21-65 and § 16-2-9.5 . Such corporations shall have the powers set forth in § 45-5-20.1 , and shall have such additional powers as are necessary to effectuate the purposes of this section.
  2. For the purpose of OPEB trusts managed and operated pursuant to this section, the corporation shall maintain discrete sub-trust accounts for each of the participating entities setting forth the contributions made by each participating entity, the allocated income assigned to each participating entity as it may be derived from investments and other revenue sources, the funds distributed to each participating entity for use in meeting its OPEB obligations, each entity’s allocated share of the administrative costs, including investment management fees, for operating the OPEB trust, and such other items as the directors of the corporation hereby established shall deem proper and necessary. Agreements made pursuant to this section may provide for pooling of administrative expenses, including investment management and advisory services, associated with the operation of the OPEB trust and sub-trusts.
  3. The corporation shall ensure that a separate audit of OPEB trusts and sub-trusts is performed annually, copies of which shall be provided to the participating entities of the OPEB trust and the auditor general.

History of Section. P.L. 2012, ch. 319, § 2; P.L. 2012, ch. 357, § 2; P.L. 2012, ch. 443, § 2.

Compiler’s Notes.

P.L. 2012, ch. 319, § 2, P.L. 2012, ch. 357, § 2, and P.L. 2012, ch. 443, § 2 enacted identical versions of this section.

45-5-21. Power of city and town councils to appropriate funds granted by the federal government.

In addition to the powers granted by charter or the public laws of the state especially relating to city and town councils, all city and town councils are authorized, through passage of an ordinance, to appropriate and obligate funds received by the city or town from the federal government under the provisions of title II, Anti-Recession Provisions, Local Public Works Act of 1976, 42 U.S.C. § 6721 et seq.

History of Section. P.L. 1977, ch. 177, § 1.

45-5-22. Collective bargaining fiscal impact statements.

  1. Prior to executing any collective bargaining agreement between a city or town and representatives of police personnel, firefighters, and/or other municipal employees, (other than teachers and/or other school employees), the city or town council shall prepare or cause to be prepared a collective bargaining fiscal impact statement. These statements shall set forth, in dollar amounts, estimates of the fiscal impact, during the term of the proposed agreement. No comment or opinion relative to the merits of the terms of the contract shall be included, except that technical or mechanical errors or defects may be noted.
  2. The fiscal impact statement and the awarded contract shall be publicized and shall be made immediately available upon ratification of the contract.

History of Section. P.L. 2008, ch. 100, art. 36, § 2.

Chapter 6 Ordinances

45-6-1. Scope of ordinances permissible.

  1. Town and city councils may, from time to time, make and ordain all ordinances and regulations for their respective towns and cities, not repugnant to law, which they deem necessary for the safety of their inhabitants from fire, firearms, and fireworks; to prevent persons standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding, driving, fastening, or leaving any horse or other animal or any carriage, team, or other vehicle on any footwalk, sidewalk, doorstep, or doorway within the town or city, to the obstruction, hindrance, delay, disturbance, or annoyance of passersby or of persons residing or doing business in this vicinity; to regulate the putting up and maintenance of telegraph and other wires and their appurtenances; to prevent the indecent exposure of any one bathing in any of the waters within their respective towns and cities; against breakers of the Sabbath; against habitual drunkenness; respecting the purchase and sale of merchandise or commodities within their respective towns and cities; to protect burial grounds and the graves in these burial grounds from trespassers; and, generally, all other ordinances, regulations and bylaws for the well ordering, managing, and directing of the prudential affairs and police of their respective towns and cities, not repugnant to the constitution and laws of this state, or of the United States.
  2. Town and city councils shall furnish to their senators and representatives, upon request and at no charge, copies and updates of all ordinances and regulations.
  3. In lieu of newspaper publication, advance notice of proposed adoption, amendment, or repeal of any ordinance or regulation by a municipality may be provided via electronic media on a website maintained by the office of the secretary of state.

History of Section. G.L. 1896, ch. 40, § 21; G.L. 1909, ch. 50, § 22; G.L. 1923, ch. 51, § 22; G.L. 1938, ch. 333, § 22; G.L. 1956, § 45-6-1 ; P.L. 1989, ch. 417, § 1; P.L. 1990, ch. 65, art. 57, § 6; P.L. 1992, ch. 488, § 5; P.L. 1999, ch. 354, § 42; P.L. 2008, ch. 9, art. 18, § 2.

Cross References.

Constitutional power to enact local laws, R.I. Const., Art. XIII, Sec. 2 .

Employees’ retirement system, acceptance, § 45-21-4 .

Grade crossing ordinances, review, § 39-4-18 .

Motor fuel pumps, location, § 31-37-19 .

Parking lots, theft and damage insurance, § 31-35-1 .

Parking meter ordinances, § 31-28-2 .

Parks, squares or public grounds, regulations of, § 32-3-1 .

Payroll deductions for hospitalization or medical service payments, § 36-6-15 .

Planning and promotional activities, § 45-22-1 et seq.

Redevelopment area, designation, § 45-32-4 .

Redevelopment plan, adoption, § 45-32-20 .

Sewage charges, § 45-14-1 et seq.

Subdivision of land, § 45-23-25 et seq.

Zoning ordinances, § 45-24-27 et seq.

Comparative Legislation.

Ordinances:

Conn. Gen. Stat., §§ 7-148, 7-149.

Mass. Ann. Laws ch. 40, § 21 et seq.; ch. 43, §§ 20—23.

NOTES TO DECISIONS

Delegation of Legislative Power.

Just as, under the Rhode Island Constitution, Art. VI, § 2, the General Assembly cannot unconditionally delegate any of the legislative power to municipal corporations, so municipal corporations cannot unconditionally delegate their legislative power. DePetrillo v. Coffey, 118 R.I. 519 , 376 A.2d 317, 1977 R.I. LEXIS 1493 (1977).

The section of the municipal code which authorized the chief of police to designate classes of persons entitled to park in a city lot without any standards, criteria and limitations to govern him was an unconstitutional delegation of legislative power. DePetrillo v. Coffey, 118 R.I. 519 , 376 A.2d 317, 1977 R.I. LEXIS 1493 (1977).

Discrimination.

A municipality which had not yet adopted a home rule charter lacked the power to enact an antidiscrimination ordinance. Women & Infants Hosp. v. Providence, 527 A.2d 651, 1987 R.I. LEXIS 519 (1987).

Officer Appointed to Execute Ordinances.

Section 45-6-8 , authorizing town and city councils to appoint the necessary officers for the execution of municipal ordinances, must be read in pari materia with this section in regard to those matters concerning which such councils may ordain. Riccio v. Town Council of Bristol, 109 R.I. 431 , 286 A.2d 881, 1972 R.I. LEXIS 1206 (1972).

Picketing.

Town ordinance which proscribes picketing conducted “in front of, adjacent to or with respect to any property used for residential purposes” does not violate the first amendment and does not unconstitutionally vest unbridled discretion in the town police chief. Town of Barrington v. Blake, 568 A.2d 1015, 1990 R.I. LEXIS 19 (1990).

Regulation of Construction.

This section does not confer authority on a town to enact an ordinance regulating construction of buildings. State v. Crepeau, 29 R.I. 340 , 71 A. 449, 1908 R.I. LEXIS 64 (1908).

Regulation of Waterways.

Defendant’s conviction for swimming in the breachway of a pond, which was prohibited by a city ordinance, was upheld on appeal, because defendant had notice of the ordinance via various signs that indicated swimming was prohibited. The ordinance was declared a lawful assertion of the city’s police power and was not unconstitutionally vague as it gave sufficient notice of its prohibition. State ex rel. Town of Westerly v. Bradley, 877 A.2d 601, 2005 R.I. LEXIS 126 (2005).

Remedies.

In the absence of a cause of action at common law or a specific grant of authority, a town may not resort to the equitable powers of the superior court in every case in which there has been a violation of some local ordinance. Rather, the town must resort to the penal sanctions contained in the applicable ordinance. Citizens for Preservation of Waterman Lake v. Davis, 420 A.2d 53, 1980 R.I. LEXIS 1833 (1980).

Trailer Camps.

A town ordinance which attempted to control location of trailer camps within the town was not authorized by this section. Wood v. Peckham, 80 R.I. 479 , 98 A.2d 669, 1953 R.I. LEXIS 99 (1953).

Collateral References.

At what stage does an ordinance pass beyond the power of the legislative body to reconsider or recall. 96 A.L.R. 1309.

Conclusiveness of declaration in ordinance of an emergency. 35 A.L.R.2d 586.

Inclusion of different franchise rights or purposes in same ordinance. 127 A.L.R. 1049.

Injunction against signing or approval of ordinance by mayor. 140 A.L.R. 444.

Stipulation of parties as to construction and effect of ordinance. 92 A.L.R. 669.

Supplying omitted words in ordinance. 3 A.L.R. 404; 126 A.L.R. 1325.

Vote necessary to pass ordinance over veto. 2 A.L.R. 1593.

45-6-2. Imposition of penalties for ordinance violations.

Town and city councils may impose penalties for the violation of ordinances and regulations, not exceeding in amount five hundred dollars ($500) or imprisonment not exceeding thirty (30) days in some jail or house of correction, and/or require restitution in cases involving property damage or personal injury in an amount up to twenty-five hundred dollars ($2,500) and/or require community restitution for a not-for-profit entity for not more than fifty (50) hours for any one offense, to be prosecuted by some officer appointed for that purpose, and to be recovered to the use of the town or city, or of the person or persons, and in the proportions, that the councils in their ordinances and regulations designate.

History of Section. G.L. 1896, ch. 40, § 22; G.L. 1909, ch. 50, § 23; G.L. 1923, ch. 51, § 23; G.L. 1938, ch. 333, § 23; G.L. 1956, § 45-6-2 ; P.L. 1971, ch. 224, § 1; P.L. 1985, ch. 405, § 1; P.L. 2017, ch. 77, § 2; P.L. 2017, ch. 87, § 2.

Compiler’s Notes.

P.L. 2017, ch. 77, § 2, and P.L. 2017, ch. 87, § 2 enacted identical amendments to this section.

Cross References.

Appeal from ordinance violations, § 12-22-9 .

District court power to enforce ordinances, § 12-3-1 .

Traffic fines, payment, § 12-14-1 et seq.

NOTES TO DECISIONS

Excessive Fine.

Providence, R.I., Board of Licenses imposed an excessive fine on an “adult entertainment” establishment upon finding that it committed two violations of Providence, R.I., Ordinance 14-1 by staying open and providing entertainment beyond the hour permitted for such activities on two occasions, as the fine was limited by former R.I. Gen. Laws § 45-2-23 to $500 per violation and the Board had imposed a fine of $2,500; R.I. Gen. Laws § 5-22-3 was not controlling with respect to the amount of the fine that could be imposed in the circumstances. Cadillac Lounge, LLC v. City of Providence, 913 A.2d 1039, 2007 R.I. LEXIS 10 (2007).

Injunctions.

Although the power to enjoin a violation of an ordinance is not specifically enumerated in this section, when the violation of an ordinance also constitutes a nuisance, a municipality may seek an injunction in equity. West Greenwich v. Stepping Stone Enters., 122 R.I. 132 , 416 A.2d 659, 1979 R.I. LEXIS 2195 (1979).

Traffic Violations.

This section authorized a city council to provide penalties for violation of traffic regulations established by the city traffic engineer. State v. Berberian, 100 R.I. 413 , 216 A.2d 507, 1966 R.I. LEXIS 452 (1966).

Collateral References.

Penalty prescribed by ordinance, effect of unreasonableness of, or variance of, from constitutional, charter, or statutory provisions. 138 A.L.R. 1208.

Validity of statutes and ordinances regulating operation of sexually oriented businesses — Types of businesses regulated. 21 A.L.R.6th 425.

45-6-2.1. Repealed.

Repealed Sections.

This section (P.L. 1967, ch. 207, § 1), concerning imposition of penalties for ordinance violations in New Shoreham, was repealed by P.L. 2008, ch. 46, § 1, and by P.L. 2008, ch. 50, § 1, effective June 12, 2008.

45-6-2.2. Imposition of penalty for illegal dumping or malicious damage to street lights in the city of Warwick.

  1. The city of Warwick may impose penalties for each violation of chapter 8 of the compiled ordinances of the city of Warwick not exceeding the sum of six hundred dollars ($600), or by imprisonment of not more than six (6) months in jail or in a house of correction, unless the penalties are provided for otherwise by statute. All fines that are recovered shall inure to the benefit of the city of Warwick.
  2. The city of Warwick may by ordinance impose a penalty that those persons who are found guilty of malicious damage to street lights in the city shall, in addition to any other penalty imposed by a court, have imposed on them a fine equivalent to the replacement cost and labor charges of those street lights. However, in no case shall the fine imposed exceed five hundred dollars ($500).

History of Section. P.L. 1975, ch. 86, § 1; P.L. 1979, ch. 176, § 1; P.L. 1988, ch. 61, § 1.

45-6-2.3. Authorization for cities and towns to promulgate and enforce pretreatment and sewer-use ordinances and regulations.

  1. The cities and towns may promulgate all ordinances and regulations to implement a wastewater pretreatment program. Those ordinances and regulations may include the authority to:
    1. Impose penalties of up to twenty-five thousand dollars ($25,000) per day per violation for each and every day during which a violation of the ordinance or regulation occurs either through judicial proceedings or administrative procedures established pursuant to this section;
    2. Seek injunctive relief for any violation;
    3. Recover damages caused by any noncompliance;
    4. Obtain reasonable attorney fees incurred by seeking compliance, penalties, or damages;
    5. Require compliance by all users of the city or town’s sewer system, whether or not the user is a resident of that city or town; and
    6. Include any other provisions consistent with state and federal pretreatment programs.
  2. To the extent that this statute conflicts with any other general or public law, this statute controls.

History of Section. P.L. 1987, ch. 336, § 1; P.L. 1994, ch. 272, § 1.

45-6-3. Ordinances to punish indecent intoxication.

The several towns and cities in this state are authorized and empowered to make and ordain any ordinances, not repugnant to the constitution and laws of this state or of the United States, that they deem necessary to prevent and punish indecent intoxication in those towns and cities; and may impose penalties for the violation of those ordinances and regulations, not exceeding twenty dollars ($20.00), or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, to be prosecuted by some officer appointed for that purpose and to be recovered to the use of the town or city.

History of Section. G.L. 1896, ch. 40, § 23; G.L. 1909, ch. 50, § 24; G.L. 1923, ch. 51, § 24; G.L. 1938, ch. 333, § 24; G.L. 1956, § 45-6-3 .

Collateral References.

Ordinance making it offense to have possession of open or unsealed alcoholic beverage in public place. 39 A.L.R.4th 668.

45-6-4. Names of localities within towns.

Town councils are authorized to fix the names of the various localities within their respective towns.

History of Section. P.L. 1912, ch. 820, § 1; G.L. 1923, ch. 51, § 30; G.L. 1938, ch. 333, § 30; G.L. 1956, § 45-6-4 .

45-6-5. Names of railroad stations.

No railroad corporation shall affix a name to a new station or change the present name of any existing station, until after the new name has been approved by the town council of the town in which the station is located. Every railway company violating the provisions of this section shall pay a fine of one dollar ($1.00) for each day’s violation, and all costs for prosecution and conviction.

History of Section. P.L. 1912, ch. 820, §§ 2, 3; G.L. 1923, ch. 51, §§ 31, 32; G.L. 1938, ch. 333, §§ 31, 32; G.L. 1956, § 45-6-5 .

45-6-6. Offenses punishable by state law.

No ordinance or regulation, made by a town council, shall impose or at any time be construed to continue to impose, any penalty for the commission or omission of any act punishable as a crime, misdemeanor, or offense, by the statute law of the state.

History of Section. G.L. 1896, ch. 40, § 29; G.L. 1909, ch. 50, § 30; G.L. 1923, ch. 51, § 33; G.L. 1938, ch. 333, § 33; G.L. 1956, § 45-6-6 ; P.L. 1990, ch. 65, art. 57, § 6; P.L. 1992, ch. 488, § 7.

NOTES TO DECISIONS

Applicability.

The language in § 5-11-18 providing the towns of Middletown, East Greenwich and Glocester with additional powers to regulate the operation of licensed hawkers clearly provides the authority for adopting the town ordinance prohibiting loudspeakers or public address systems. This statutory authority overrides the general preemptive language of this section which might prohibit the ordinance. Anabell's Ice Cream Corp. v. Town of Glocester, 925 F. Supp. 920, 1996 U.S. Dist. LEXIS 10485 (D.R.I. 1996).

Rules of Public Commissioners.

Rule of board of police commissioners which authorized board to punish officers on conviction by the board of any legal offense did not conflict with this section, since such rule was not an ordinance but was directed only to efficient management of police department. Keats v. Board of Police Comm'rs, 42 R.I. 240 , 107 A. 74, 1919 R.I. LEXIS 27 (1919).

Traffic Ordinances.

Ordinance of Warwick prohibiting the driving of an automobile in excess of fifteen miles per hour was invalid by virtue of provisions of this section since G. L. 1896, ch. 74, § 5 made it a statutory offense “to drive faster than a common traveling pace * * * in the compact part of any town or village.” State v. Thurston, 28 R.I. 265 , 66 A. 580, 1907 R.I. LEXIS 35 (1907). (See, however, § 31-12-11 , since enacted.)

This section has no application to municipal ordinances involving traffic regulations, by reason of § 31-12-11 authorizing such regulations. State v. Berberian, 100 R.I. 274 , 214 A.2d 465, 1965 R.I. LEXIS 389 (1965).

45-6-7. Publication of ordinances.

All ordinances, bylaws and regulations shall be printed and published in any manner that the town or city council directs; provided, that the city or town clerk delivers at least one copy of all ordinances including all amendments to those ordinances to the state law library and the state library within ten (10) days after being printed or published.

History of Section. G.L. 1896, ch. 40, § 30; G.L. 1909, ch. 50, § 31; G.L. 1923, ch. 51, § 34; G.L. 1938, ch. 333, § 34; G.L. 1956, § 45-6-7 ; P.L. 1979, ch. 317, § 1.

NOTES TO DECISIONS

Effective Date.

Even though residents argued on appeal that the effective date of an amended zoning ordinance was upon printing and publication under R.I. Gen. Laws § 45-6-7 , rather than R.I. Gen. Laws § 45-24-71 , the residents failed to inform the motion justice of the legal bases for their objection to summary judgment and thus, waived the argument on appeal. Dallman v. Isaacs, 911 A.2d 700, 2006 R.I. LEXIS 194 (2006).

Collateral References.

Injunction against publication of ordinance. 140 A.L.R. 444.

45-6-8. Officers for execution of ordinances — Enforcement expenses.

Town and city councils may appoint all necessary officers for the execution of their ordinances, bylaws, and regulations, may define their duties, and fix their compensation, where provisions are not made by law, and may remove any of these officers at pleasure, but no expense of process, commitment, or detention, under those ordinances and regulations, is chargeable to the state.

History of Section. G.L. 1896, ch. 40, § 31; G.L. 1909, ch. 50, § 32; G.L. 1923, ch. 51, § 35; G.L. 1938, ch. 333, § 35; G.L. 1956, § 45-6-8 .

Cross References.

Costs in prosecutions for ordinance violations, § 45-15-3 .

NOTES TO DECISIONS

Compensation.

Plaintiff police constable and complainant under the town ordinances was entitled to compensation for services performed notwithstanding that town voted to abolish Saturday night and Sunday police. Willis v. Angell, 19 R.I. 617 , 35 A. 677, 1896 R.I. LEXIS 56 (1896).

Employees.

The employees whose employment is authorized by this section are those that have the duty of enforcing ordinances adopted pursuant to § 45-6-1 and this section has no application to officers appointed for a definite term in accordance with the enabling act specifically adopted for the purpose of creating a stated municipal office. Riccio v. Town Council of Bristol, 109 R.I. 431 , 286 A.2d 881, 1972 R.I. LEXIS 1206 (1972).

45-6-9. Shut off of water supply for nonpayment of sewer user fees, charges, and assessments.

  1. The Woonsocket city council is authorized to enact an ordinance to terminate the water supply service of any person assessed by the city of Woonsocket for water service for nonpayment of sewer user fees, charges, and assessments. The ordinance provides for the notification of the user of termination in the manner prescribed in the rules and regulations governing the termination of water services as issued by the division of public utilities and carriers.
  2. The ordinance may provide for the assessment of any fees, charges and assessments affiliated with the shut off and restoration of service.
  3. When service is provided to a residence occupied by a tenant, the tenant may, after paying the fees, charges and assessments in order to restore or prevent termination of service, deduct the amount paid from the rent due the landlord. The tenant shall provide the landlord with a copy of the receipt from the city when making a deduction from the rent.

History of Section. P.L. 1992, ch. 60, § 2; P.L. 1992, ch. 480, § 1.

45-6-10. Registration of vending machines.

  1. Every city or town, may, by ordinance require each person, corporation, partnership or other business operating a vending machine service for profit, prior to transacting or conducting business from any site within a city or town, to obtain without charge a registration certificate stating the name under which the person, corporation, partnership or other business organization is conducted or transacted and its business address.
  2. Any vending machine ordinance may require the person, corporation, partnership or other business organization on a quarterly basis to provide the city or town with a list of each site within the city or town where a vending machine operates and the number of machines operating on each site.

    The list is confidential and not subject to disclosure. Any person who discloses the information contained in the list shall be fined the sum of one thousand dollars ($1,000).

  3. No ordinance passed under this section shall take effect until sixty (60) days after its final passage.
  4. Any person, corporation, partnership or other business organization carrying on, conducting, or transacting business as provided in this section who fails to comply with the provisions of any vending machine ordinance may be fined not exceeding seven hundred fifty dollars ($750) per machine in violation of subsection (b) or one thousand dollars ($1,000) in violation of subsection (a).

History of Section. P.L. 1992, ch. 344, § 1.

45-6-11. Community restitution.

The General Assembly declares that the words “community service” which appear throughout this chapter shall now be substituted with and referred to as “community restitution”.

History of Section. P.L. 1998, ch. 454, § 6.

45-6-12. Liability for illegal dumping.

Cities and towns may, by ordinance, define as in violation of illegal dumping ordinances those people whose vehicles, either owned or leased, are used to carry materials to a place at which they are illegally dumped. Owners of title of leased vehicles and owners of vehicles that are reported stolen prior to being used for illegal dumping shall be excluded from these ordinances.

History of Section. P.L. 2018, ch. 215, § 1; P.L. 2018, ch. 246, § 1.

Compiler’s Notes.

P.L. 2018, ch. 215, § 1, and P.L. 2018, ch. 246, § 1 enacted identical versions of this section.

Chapter 6.1 Non-Moving Traffic Violations

45-6.1-1. Mail payment of penalty for non-moving traffic violation.

Notwithstanding the provisions of any general or special act, any ordinance adopted by any of the several cities or towns (whether adopted prior to or subsequent to the passage of this chapter) providing for the regulations of the parking of motor vehicles upon the public highways, shall permit the payment of any fine imposed for violation of the ordinance by mail. Any ordinance which fails to comply with the provisions of this chapter is null and void.

History of Section. P.L. 1965, ch. 215, § 1; P.L. 1999, ch. 354, § 43.

Comparative Legislation.

Traffic violations and penalties.

Conn. Gen. Stat. § 14-314.

Mass. Ann. Laws, ch. 90, §§ 20—20D.

45-6.1-2. Schedule of fines.

The schedule of fines for violation of any ordinance referred to in § 45-6.1-1 may provide for higher fines for the privilege of payment by mail than the fines imposed for payment in person, but no costs are imposed.

History of Section. P.L. 1965, ch. 215, § 1.

45-6.1-3. Payment of fine addressed to whom.

The ordinances referred to in § 45-6.1-1 shall provide that payments be addressed to the chief of police of the city or town or to a special court that may have been established in the city or town for the disposition of motor vehicle offenses.

History of Section. P.L. 1965, ch. 215, § 1.

45-6.1-4. Time and manner of payment.

  1. The ordinances referred to in § 45-6.1-1 establish times during which the privilege of paying the fine by mail may be exercised, but the time shall be not less than five (5) days from the date of the offense to the date of depositing the payment of the fine in a depository maintained by the United States post office department for the collection of mails.
  2. Any non-moving traffic violation fines are deemed to have been paid upon the date of mailing and the postage cancellation is prima facie evidence of the time of deposit.

History of Section. P.L. 1965, ch. 215, § 1; P.L. 1998, ch. 362, § 1.

45-6.1-5. Repealed.

Repealed Sections.

This section (P.L. 1965, ch. 215, § 1), concerning additional penalties for attempted payment by check drawn against insufficient funds, was repealed by P.L. 2003, ch. 437, § 2, effective August 6, 2003.

45-6.1-6. Violation tags.

The ordinances referred to in § 45-6.1-1 provide that a notice of a violation of those ordinances be affixed to the motor vehicle which is the cause of the violation.

History of Section. P.L. 1965, ch. 215, § 1.

45-6.1-7. Contents of tag.

The notice referred to in § 45-6.1-6 states the specific violation charged, the schedules of fines for the violation, the time within which the privilege of paying the fine by mail may be exercised, and the place to which the fine may be mailed.

History of Section. P.L. 1965, ch. 215, § 1.

45-6.1-8. North Smithfield — Non-moving traffic violations — Payment in person.

  1. Notwithstanding the provisions of § 45-6.1-1 , any person is permitted to pay any fine, in person, imposed for the violation of any non-moving traffic ordinance in effect in the town of North Smithfield at the North Smithfield police department in addition to the methods permitted by that section.
  2. The North Smithfield police department shall establish hours and days during which fines may be paid in person.
  3. The North Smithfield police department shall transfer all fines collected under the provisions of this section to the North Smithfield department of finance on or before the fifteenth (15th) day of each and every month.

History of Section. P.L. 1970, ch. 270, § 1.

Chapter 7 Town Clerk

45-7-1. Clerk’s bond.

Every town clerk shall, within thirty (30) days of the time of being sworn into office, give bond to the town treasurer of the town, with sufficient surety, in the sum that the town council prescribes, conditioned for the faithful performance of the duties of the clerk’s office.

History of Section. G.L. 1896, ch. 41, § 1; G.L. 1909, ch. 51, § 1; G.L. 1923, ch. 52, § 1; G.L. 1938, ch. 334, § 1; G.L. 1956, § 45-7-1 .

Cross References.

Acknowledgements, authority to take, § 34-12-2 .

Canvassing authority clerk, § 17-8-2 .

Council, clerk of, § 45-5-5 .

Election and qualification, §§ 45-4-1 to 45-4-18 .

Election official, eligibility to serve as, § 17-11-15 .

Exemption from militia duty, § 30-1-7 .

Impersonation of public officer, penalty, § 11-14-1 .

License commissioners for sale of alcoholic beverages, clerk of, § 3-5-15 .

Notice of town meetings, §§ 45-3-5 to 45-3-12 .

Oaths, power to administer, § 36-2-2 .

Probate court clerk, § 8-9-6 .

Pro tempore clerk, § 45-5-7 .

Records, receptacles for, § 38-1-3 .

Vacancy in office, meeting to fill, § 45-3-10 .

Comparative Legislation.

Town clerks:

Conn. Gen. Stat. §§ 7-16a — 7-35.

Mass. Ann. Laws ch. 41, § 12 et seq.

45-7-2. Deputy clerk.

Town clerks may, by and with the approbation of the town council, appoint a deputy, whenever the appointment is necessary. The appointed deputy has all the powers and can perform all the duties which are incumbent on the town clerk, being so qualified by taking the oath of office.

History of Section. G.L. 1896, ch. 41, § 2; G.L. 1909, ch. 51, § 2; G.L. 1923, ch. 52, § 2; G.L. 1938, ch. 334, § 2; G.L. 1956, § 45-7-2 .

45-7-3. Deputies to register voters.

In addition to the deputy town clerk provided for in § 45-7-2 , the town clerk may appoint additional deputy town clerks empowered only to accept the registration of voters.

History of Section. G.L. 1938, ch. 334, § 2; P.L. 1950, ch. 2484, § 1; G.L. 1956, § 45-7-3 .

Cross References.

Registration of voters, § 17-9.1-1 et seq.

45-7-4. Bond of deputy — Revocation of appointment.

Every town clerk appointing a deputy as provided in § 45-7-2 is responsible for the good conduct of the deputy and may take bond with surety for any penalty that the clerk may require, conditioned for the faithful discharge of the duties of the office for the time during which the deputy exercises those duties. The clerk may revoke the appointment and cancel the bond, at the clerk’s discretion.

History of Section. G.L. 1896, ch. 41, § 3; G.L. 1909, ch. 51, § 3; G.L. 1923, ch. 52, § 3; G.L. 1938, ch. 334, § 3; G.L. 1956, § 45-7-4 .

45-7-5. Repealed.

Repealed Sections.

Former § 45-7-5 (G.L. 1896, ch. 41, §§ 4, 5; P.L. 1902, ch. 954, § 1; G.L. 1909, ch. 51, §§ 4, 5; P.L. 1914, ch. 1041, § 1; G.L. 1923, ch. 52, §§ 4, 5; G.L. 1938, ch. 334, §§ 4, 5; G.L. 1956, § 45-7-5 ), concerning the presence of the clerk of the deputy before elections, was repealed by P.L. 1971, ch. 205, § 1.

45-7-6. Fees of clerk.

The fees of town clerks, and of other officers who perform the same duties, are as follows:

  1. For receiving and filing a certificate of attachment of real estate  . . . . .  $ .35
  2. For receiving and filing an account under the lien law  . . . . . 35
  3. For recording every certificate of marriage  . . . . . 25
  4. For recording every birth or death  . . . . . 15
  5. For every certificate of the qualification of a voter  . . . . . 25
  6. For drawing bond and license for keeping tavern  . . . . .  1.00
  7. For allowing a discharge of a mortgage on the record  . . . . . 50
  8. For receiving an appeal bond and filing it  . . . . . 25
  9. For every warrant or citation  . . . . . 75
  10. For receiving and filing every certificate of death  . . . . . 15
  11. For every summons for witnesses  . . . . . 25

History of Section. G.L. 1896, ch. 295, § 22; G.L. 1909, ch. 364, § 18; P.L. 1920, ch. 1886, § 2; G.L. 1923, ch. 417, § 18; G.L. 1938, ch. 633, § 19; G.L. 1956, § 45-7-6 .

Cross References.

Burial permits, § 23-3-18 .

Closing out sales, licensing, §§ 6-14-3 to 6-14-8 .

Criminal liability for excessive fees, § 11-42-1 .

Dog registration and licensing, §§ 4-13-4 to 4-13-14 .

Federal tax liens, recording, § 34-34-1 .

Fishing licenses, §§ 20-5-1 20-5-15 .

Honorable discharges, recording, § 30-18-1 .

Hospital lien docket, § 9-3-8 .

Hunting licenses, issuance, § 20-13-1 et seq.

Marriage license fees, § 15-2-9 .

Recording notice of intention, § 34-28-5 .

Recording of instruments, §§ 34-13-4 to 34-13-9 .

Tax bills, compensation for copying, §§ 44-2-1 , 44-5-33 .

Vaccination records, §§ 23-6-5 , 23-6-6 .

Warrant for town meeting, refusal to issue, forfeiture, § 45-3-11 .

45-7-7, 45-7-8. Repealed.

Repealed Sections.

These sections (R.P.L. 1957, ch. 149, § 1, P.L. 1958, ch. 45, § 1), concerning the microfilming of records in the towns of North Kingstown and Westerly, were repealed by P.L. 1999, ch. 354, § 44, effective July 2, 1999.

45-7-9. Microfilming of records.

The town clerk or city clerk of any city or town may, with approval of the town council or city council, photograph, microphotograph, and/or microfilm all or any part of the records kept by the town clerk or city clerk or recorder of deeds in a manner and on film or paper that complies with the minimum standards of quality approved for photographic records by the National Bureau of Standards; and whenever these photographs or microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the same, the original records from which the photographs or microphotographs or films have been made, or any part thereof, may be put in storage anywhere in this state for safekeeping, and any photograph, microphotograph, or photocopy thereof, shall be admissible by any court of competent jurisdiction, the same as the original is now; provided, however, that the original may be ordered produced for good cause shown.

History of Section. P.L. 1960, ch. 110, § 1.

Chapter 8 Town Treasurer

45-8-1. Bond of treasurer.

Every town treasurer, before he or she proceeds to discharge the duties of the treasurer’s office, shall give bond to the town for which the treasurer is appointed, in the sum and with the surety that is satisfactory to the town council, conditioned for the faithful discharge of the duties of that office.

History of Section. G.L. 1896, ch. 42, § 1; G.L. 1909, ch. 52, § 1; G.L. 1923, ch. 53, § 1; G.L. 1938, ch. 335, § 1; G.L. 1956, § 45-8-1 .

Cross References.

Election and qualification, §§ 45-4-1 to 45-4-18 .

Impersonation of public officer, penalty, § 11-14-1 .

Warrant for town meeting, refusal to issue, forfeiture, § 45-3-11 .

Comparative Legislation.

Town treasurer:

Conn. Gen. Stat. §§ 7-80 — 7-85.

Mass. Ann. Laws ch. 41, § 35 et seq.

45-8-2. Annual statement of accounts.

Town treasurers shall, at the annual town meeting, make a statement of their accounts in writing, showing the several sums received and paid by them during the previous year, and showing, in account details, the purpose for which the payments were made.

History of Section. G.L. 1896, ch. 42, § 2; G.L. 1909, ch. 52, § 2; G.L. 1923, ch. 53, § 2; G.L. 1938, ch. 335, § 2; G.L. 1956, § 45-8-2 ; P.L. 1985, ch. 137, § 1; P.L. 1988, ch. 84, § 101.

Cross References.

School funds, custody, §§ 16-9-1 , 16-9-2 .

NOTES TO DECISIONS

In General.

Evidence of a violation of this section is not admissible in a prosecution for embezzlement. State v. Wright, 70 R.I. 39 , 36 A.2d 657, 1944 R.I. LEXIS 13 (1944).

45-8-3. Settlement of accounts.

The treasurer’s accounts shall be settled annually by the town council, or in any other way that the towns may severally direct. When settled, the treasurer shall retain all of his or her vouchers or receipts for the payments charged in the account, to be kept on file with the other papers of the treasurer’s office.

History of Section. G.L. 1896, ch. 42, § 3; G.L. 1909, ch. 52, § 3; G.L. 1923, ch. 53, § 3; G.L. 1938, ch. 335, § 3; G.L. 1956, § 45-8-3 .

45-8-4. Certified copies of statements of accounts.

Every person paying taxes on real or personal estate in the town is entitled to certified copies of a statement of accounts, and of any vouchers, from the town treasurer, upon payment to the treasurer of the fees for copying and certifying allowed to town clerks for these services.

History of Section. G.L. 1896, ch. 42, § 4; G.L. 1909, ch. 52, § 4; G.L. 1923, ch. 53, § 4; G.L. 1938, ch. 335, § 4; G.L. 1956, § 45-8-4 .

Cross References.

Collection of taxes generally, §§ 44-7-1 to 44-7-27 .

45-8-5. Forfeiture for neglect to make statement.

Every town treasurer who neglects to make the annual statement as required in § 45-8-2 shall forfeit and pay to the town the sum of one hundred dollars ($100) for every instance of neglect.

History of Section. G.L. 1896, ch. 42, § 5; G.L. 1909, ch. 52, § 5; G.L. 1923, ch. 53, § 5; G.L. 1938, ch. 335, § 5; G.L. 1956, § 45-8-5 .

45-8-6. Appointment and powers of deputy.

Town treasurers may, by and with the approval of the town council, appoint a deputy whenever the appointment is necessary, and the deputy so appointed has all the powers and can perform all the duties which are incumbent on the town treasurer, being qualified by taking the oath of office; provided, that in no case shall the deputy have the power to sign the bonds, notes, or other evidences of indebtedness of the town, except with the approval of the town council.

History of Section. G.L. 1938, ch. 335, § 6; P.L. 1940, ch. 954, § 1; G.L. 1956, § 45-8-6 .

45-8-7. Liability for default of deputy — Bond — Revocation of appointment — Tenure.

Every town treasurer appointing a deputy as provided in § 45-8-6 is liable for any misconduct, neglect, or default of the deputy, and shall take bond with surety satisfactory to the town council in any amount of penalty that the treasurer may require for the benefit of the town, conditioned upon the faithful performance of the duties of the office for the time during which the deputy exercises those duties. The treasurer may revoke the appointment and cancel the bond at his or her discretion. In no event shall the deputy hold office beyond the tenure of office of the appointing town treasurer.

History of Section. G.L. 1938, ch. 335, § 7; P.L. 1940, ch. 954, § 1; G.L. 1956, § 45-8-7 .

Chapter 9 Budget Commissions

45-9-1. Declaration of policy and legal standard.

It shall be the policy of the state to provide a mechanism for the state to work with cities, towns, and fire districts undergoing financial distress that threatens the fiscal well-being, public safety, and welfare of such cities, towns, and fire districts or other cities, towns, fire districts or the state, with the state providing varying levels of support and control depending on the circumstances. The powers delegated by the general assembly in this chapter shall be carried out having due regard for the needs of the citizens of the state and of the city, town, or fire district and in such a manner as will best preserve the safety and welfare of citizens of the state and their property and the access of the state, its municipalities, and fire districts to capital markets, all to the public benefit and good.

History of Section. P.L. 1927, ch. 1023, § 1; G.L. 1938, ch. 346, § 1; Const. Amend., art. 29, § 3; G.L. 1956, § 45-9-1 ; P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical amendments to this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

NOTES TO DECISIONS

Constitutionality.

R.I. Gen. Laws § 45-9-1 et seq., allowing the Director of the Rhode Island Department of Revenue (Director) to appoint a receiver to conduct a city’s affairs in a fiscal emergency, did not violate a mayor’s procedural due process rights when the mayor was relegated to an advisory capacity because (1) the mayor did not have a property interest in the mayor’s position, and (2) the mayor was not removed from office. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

R.I. Gen. Laws § 45-9-1 et seq. (the act), allowing the Director of the Rhode Island Department of Revenue (Director) to appoint a receiver to conduct a city’s affairs in a fiscal emergency, did not violate the home rule provisions of R.I. Const. art. XIII, § 4 because the act (1) was an enactment of general application, and (2) did not alter the city’s form of government in R.I. Gen. Laws § 45-9-7 , as the receiver’s powers were contained and channeled by (1) standards setting forth a deliberate and progressive mechanism by which a town or city was provided with varying levels of support and control depending on the circumstances, (2) the Director’s ability, under R.I. Gen. Laws § 45-9-7 , to remove the receiver and terminate the receivership, and (3), subjecting the receiver to administering any and all delegated powers in accordance with the act’s stated policy purpose. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

R.I. Gen. Laws § 45-9-1 et seq., allowing the Director of the Rhode Island Department of Revenue to appoint a receiver to conduct a city’s affairs in a fiscal emergency, did not violate the separation of powers doctrine because (1) the doctrine did not apply to municipal government, and, (2) if the doctrine applied, any alleged usurpation of power did not involve coordinate branches of government. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

R.I. Gen. Laws § 45-9-1 et seq. (the act), allowing the Director of the Rhode Island Department of Revenue to appoint a receiver to conduct a city’s affairs in a fiscal emergency, was not unconstitutionally vague under the nondelegation doctrine derived from R.I. Const. art. I, §§ 1 and 2 because (1) the grant of authority to the director of the Department of Revenue was amply confined and guided by intelligible standards and principles, as R.I. Gen. Laws § 45-9-1 effectively specified the policy by which the receiver, or any official tasked by the director of the Department of Revenue with administering the act, were directed and constrained, and (2) the deliberate triggering mechanisms of the act that provided for “varying levels of support and control depending on the circumstance” were intelligible and demonstrated an architecture of staged delegations of power constructed to respond to the requisite degree of fiscal crisis. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

Standing.

City’s mayor and city council had standing to contest the constitutionality of R.I. Gen. Laws § 45-9-1 et seq. (the act), allowing the Director of the Rhode Island Department of Revenue to appoint a receiver to conduct the city’s affairs in a fiscal emergency, because (1) the duties and authority of the mayor and city council were curtailed based on the powers provided to the state-appointed receiver, as there was no question that the decision-making authority of the mayor and city council had been restricted profoundly by the application of various provisions of the act, and (2) reputations of persons holding such high-profile public positions certainly suffered adverse impacts. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

45-9-2. Definitions.

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

  1. “Budget commission” means the budget and review commission established under §§ 45-9-5 and 45-9-6 .
  2. “Charter” means the home rule charter or the legislative charter of any city, town, or fire district.
  3. “Division of municipal finance” means the division of municipal finance in the department of revenue or any successor department or agency.
  4. “Director of revenue” means the director of the department of revenue.
  5. “Elected chief executive officer” means, in cities and towns having a popularly elected chief executive officer, the popularly elected chief executive officer, and in cities and towns where there is no popularly elected chief executive officer, the president of the city or town council.
  6. “Fire district budget” means the fiscal-year operating budget of the fire district.
  7. “Fiscal overseer” means the financial overseer appointed under § 45-9-3 .
  8. “General treasurer” means the general treasurer of the state.
  9. “Municipal budget” means the fiscal-year operating budget of the city, town, or fire district, inclusive of the school department budget and all other departments.
  10. “Officer” means the chief administrative and financial officer appointed under § 45-9-10 after abolition of a fiscal overseer or a budget commission or a receiver in a city, town, or fire district.
  11. “Receiver” means the receiver appointed pursuant to §§ 45-9-7 or 45-9-8 .
  12. “School committee,” means the school committee of the city or town, but shall not mean, or include, a regional school district committee.
  13. “State aid” means the funds made available to cities and towns:
    1. As state aid pursuant to chapter 13 of title 45, but specifically excluding reimbursements to cities and towns for the cost of state mandates pursuant to § 45-13-9 ;
    2. As school operations aid provided for in §§ 16-7-5 — 16-7-34.3 and as school housing aid pursuant to §§ 16-7-35 16-7-47 , but subject to any pledge to bonds issued to finance school projects by the Rhode Island health and educational building corporation;
    3. In replacement of motor vehicle and trailer excise taxes pursuant to chapter 34.1 of title 44;
    4. From the public service corporation tax pursuant to chapter 13 of title 44;
    5. From the local meal and beverage tax pursuant to § 44-18-18.1 and the hotel tax pursuant to § 44-18-36.1 ; and
    6. Pursuant to all acts supplementing such chapters listed in subdivisions (i) through (v) above, or pursuant to any other law hereafter enacted providing for funds to municipalities in lieu of, or in substitution for, or in addition to, the funds provided pursuant to acts supplementing such chapters listed in subdivisions (i) through (v).

History of Section. P.L. 1927, ch. 1023, § 1; G.L. 1938, ch. 346, § 1; Const. Amend., art. 29, § 3; G.L. 1956, § 45-9-2 ; P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical amendments to this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-3. Appointment and duties of fiscal overseer.

  1. Upon joint request by a city’s or town’s elected chief executive officer and city or town council, or for a fire district, the request of the governing body as established by charter, which request is approved by the division of municipal finance and the auditor general, or in absence of such a request, in the event that the director of revenue, in consultation with the auditor general, makes any two (2) or more of the findings set forth in subsection (b), the director of revenue may appoint a fiscal overseer for the city, town, or fire district to assess the ability of the city or town government or fire district to manage fiscal challenges.
  2. The director of revenue may appoint a fiscal overseer if the director finds, in his or her sole discretion, that any two (2) of the following events have occurred that are of such a magnitude that they threaten the fiscal well-being of the city, town, or fire district, diminishing the city’s, town’s, or fire district’s ability to provide for the public safety or welfare of the citizens of the city, town, or fire district:
    1. The city, town, or fire district projects a deficit in the municipal budget or fire district budget in the current fiscal year and again in the upcoming fiscal year;
    2. The city, town, or fire district has not filed its required audits with the auditor general by the deadlines required by law for two (2) successive fiscal years (not including extensions authorized by the auditor general);
    3. The city, town, or fire district has been downgraded by one of the nationally recognized statistical rating organizations;
    4. The city, town, or fire district is otherwise unable to obtain access to credit markets or obtain financing when necessary on reasonable terms in the sole judgment of the director of revenue.
    5. The city, town, or fire district does not promptly respond to requests made by the director of revenue, or the auditor general, or the chairpersons of the house and/or senate finance committees, for financial information and operating data necessary to assess the fiscal condition of the city, town, or fire district in the sole judgment of the director of revenue.
  3. The director of revenue may also appoint a fiscal overseer if a city, town, or fire district fails to comply with the requirements of §§ 45-12-22.1 45-12-22.5 .
  4. The fiscal overseer shall without limitation:
    1. Recommend to the elected chief executive officer, fire district board of directors, city or town council, and school committee sound fiscal policies for implementation;
    2. Supervise all financial services and activities;
    3. Advise the assessors, director of finance, city or town treasurer, fire district board of directors, purchasing agent, and employees performing similar duties but with different titles;
    4. Provide assistance in all matters related to municipal or fire district financial affairs;
    5. Assist in development and preparation of the municipal or fire district budget, all department budgets, and spending plans;
    6. Review all proposed contracts and obligations;
    7. Monitor the expenditures of all funds;
    8. Approve the annual or supplemental fire districts budgets or municipal budgets of the city or town and all of its departments; and
    9. Report monthly to the director of revenue, the auditor general, the governor, and the chairpersons of the house finance and senate finance committees on the progress made towards reducing the municipality’s or fire district’s deficit and otherwise attaining fiscal stability.
  5. All department budgets and requests for municipal or fire district budget transfers shall be submitted to the fiscal overseer for review and approval.
  6. The city, town, or fire district shall annually appropriate amounts sufficient for the proper administration of the fiscal overseer and staff, as determined in writing by the division of municipal finance. If the city, town, or fire district fails to appropriate such amounts, the division of municipal finance shall direct the general treasurer to deduct the necessary funds from the city’s, town’s, or fire district’s distribution of state aid and shall expend those funds directly for the benefit of the fiscal overseer and staff.
  7. Within one hundred twenty (120) days of being appointed by the director of revenue, the fiscal overseer shall develop a three-year (3) operating and capital financial plan to achieve fiscal stability in the city, town, or fire district. The plan shall include a preliminary analysis of the city’s, town’s, or fire district’s financial situation and the fiscal overseer’s initial recommendations to immediately begin to address the operating and structural deficits. The fiscal overseer shall have the power to compel operational, performance, or forensic audits, or any other similar assessments. The fiscal overseer shall have the power, at the expense of the city, town, or fire district, to employ, retain, and supervise such managerial, professional and clerical staff as are necessary to carry out the responsibility of fiscal overseer, subject to the approval of the division of municipal finance; provided, however, that the fiscal overseer shall not be subject to chapter 2 of title 37 or chapter 55 of title 45 in employing such staff.

History of Section. P.L. 1993, ch. 242, § 1; P.L. 2001, ch. 180, § 141; P.L. 2005, ch. 241, § 2; P.L. 2005, ch. 319, § 2; P.L. 2006, ch. 216, § 61; P.L. 2008, ch. 98, § 56; P.L. 2008, ch. 145, § 56; P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2011, ch. 363, § 3; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical amendments to this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

NOTES TO DECISIONS

Constitutionality.

This section violates neither R.I. Const., art. 13, § 1 , nor R.I. Const., art. 6, § 2 , as it provides uniform regulation in each city or town whose financial instability produces a lowered bond rating and threatens imminent default on debt obligations, and since its delegation of authority to the budget and review commission contains sufficient standards and delineates specific tasks and objectives in accordance with its legislative purpose. Marran v. Baird, 635 A.2d 1174, 1994 R.I. LEXIS 4 (1994).

R.I. Gen. Laws § 45-9-8 , delegating power to the director of the Department of Revenue to determine and declare, after consultation with the auditor general of the state, that a “fiscal emergency” existed in a particular municipality, was not unconstitutionally vague because a person of average intelligence did not have to guess or speculate about the meaning or intended application of R.I. Gen. Laws § 45-9-1 et seq., (the act), particularly when reading the act in the act’s entirety, including the language of R.I. Gen. Laws § 45-9-3(b) , setting forth five distinct factors that were relevant to a finding that the fiscal well-being of a city or town might be threatened. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

45-9-4. Approval of tax levy.

A city, town, or fire district that is subject to the jurisdiction of a fiscal overseer or a budget commission, may not levy property taxes or motor vehicle excise taxes without prior approval of the division of municipal finance. Before the city, town, or fire district that is subject to the jurisdiction of a fiscal overseer or a budget commission, shall send out tax bills, the city, town, or fire district shall submit to the division of municipal finance a copy of its adopted municipal or fire district budget and such supporting revenue and expenditure information as the division of municipal finance shall prescribe for the succeeding fiscal year. The adopted municipal or fire district budget, and such supporting revenue and expenditure information as the division of municipal finance may prescribe, shall be submitted to the division of municipal finance no later than ten (10) days after the adoption of the budget. The division of municipal finance shall ascertain whether the budget for that fiscal year contains reasonable revenues from taxation and other sources to meet the appropriations and other amounts required by law to be raised, and the division of municipal finance shall report its conclusion to the director of revenue. If the director of revenue determines that the municipal or fire district budget as presented does not contain reasonable revenues from taxation and other sources to meet appropriations and other amounts required by law to be raised, the director of revenue shall certify this determination in writing and provide notice of the determination with a copy of the certificate to the auditor general, the governor, and the chairpersons of the house and senate finance committees; and notify the city, town, or fire district that its tax levy has not been approved and that the city, town, or fire district is not authorized to mail or otherwise transmit tax bills to city or town taxpayers. If the director of revenue has made the foregoing determination, the city, town, or fire district shall prepare a revised budget for review and approval by the director of revenue.

The city, town, or fire district shall submit the reports required by § 45-12-22.2 to the director of revenue, the division of municipal finance, the auditor general, the governor, and the chairpersons of the house and senate finance committees.

The director of revenue may waive any reporting or filing requirements contained in this section.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-5. Reports of fiscal overseer and appointment of budget and review commission.

  1. The fiscal overseer shall report in writing to the division of municipal finance if the fiscal overseer concludes that the city, town, or fire district: (1) Is unable to present a balanced municipal or fire district budget; (2) Faces a fiscal crisis that poses an imminent danger to the safety of the citizens of the city, town, or fire district, or their property; (3) Will not achieve fiscal stability without the assistance of a budget commission; or (4) That the tax levy of the fiscal year should not be approved.
  2. If the fiscal overseer believes, at any time, that a budget commission should be appointed, the fiscal overseer may report that belief to the division of municipal finance.
  3. If the fiscal overseer reports to the division of municipal finance under subsections (a) or (b), the director of revenue may immediately abolish the fiscal overseer and appoint a budget commission.
  4. A budget commission shall have all of the powers and duties set forth in §§ 45-9-3 and 45-9-6 .
  5. If a budget commission has not been appointed, and if the division of municipal finance determines that the city, town, or fire district has taken steps necessary to achieve long-term fiscal sustainability and no longer requires active state oversight, the director of revenue may abolish the fiscal overseer.
  6. If the division of municipal finance notifies the director of revenue in writing that the city, town, or fire district is unable to achieve a balanced municipal budget, then the director of revenue shall establish a budget commission.
  7. Upon joint request by a city’s or town’s elected chief executive officer and city or town council, or, for a fire district, the request of the governing body as established by charter, which request is approved by the division of municipal finance, the director of revenue, in consultation with the auditor general, may establish a budget commission for such city, town, or fire district.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-6. Composition of budget commission.

  1. If a budget commission is established under §§ 45-9-5 or 45-12-22.7 , it shall consist of five (5) members: three (3) of whom shall be designees of the director of revenue; one of whom shall be the elected chief executive officer of the city; and one of whom shall be a council member of the town or city elected to serve on the budget commission as chosen by a majority vote of said town or city council. In cities or towns in which the elected chief executive officer for purposes of this chapter is the president of the city or town council, one member shall be the appointed city or town manager or town administrator (or, if none, the city or town chief financial officer) as the fifth member. For a fire district, it shall consist of five (5) members: three (3) of the members of the budget commission shall be designees of the director of revenue; one shall be the chairperson of the district’s governing body; and one shall be the fire chief of the district. The budget commission shall act by a majority vote of all its members. The budget commission shall initiate and ensure the implementation of appropriate measures to secure the financial stability of the city, town, or fire district. The budget commission shall continue in existence until the director of revenue abolishes it. The budget commission shall be subject to chapter 2 of title 36, “Access to Public Records,” and chapter 14 of title 36, “Code of Ethics.” The budget commission shall be subject to chapter 46 of title 42 “Open Meetings” when meeting to take action on the following matters:
    1. Levy and assessment of taxes;
    2. Rulemaking or suspension of rules;
    3. Adoption of a municipal or fire district budget;
    4. Approval of collective bargaining agreements and amendments to collective bargaining agreements; and
    5. Making a determination under § 45-9-7 that the powers of the budget commission are insufficient to restore fiscal stability to the city, town, or fire district.
  2. Action by the budget commission under this chapter shall constitute action by the city, town, or fire district for all purposes under the general laws, under any special law, and under the city, town, or fire district charter.
  3. Until the budget commission ceases to exist, no appropriation, borrowing authorization, transfer, or other municipal or fire district spending authority, shall take effect until approved by the budget commission. The budget commission shall approve all appropriations, borrowing authorizations, transfers, and other municipal or fire district spending authorizations, in whole or part.
  4. In addition to the authority and powers conferred elsewhere in this chapter, and notwithstanding any city, town, or fire district charter provision, or local ordinance, or rule or regulation to the contrary, the budget commission shall have the power to:
    1. Amend, formulate, and execute the annual municipal or fire district budget and supplemental municipal or fire district budgets of the city, town, or fire district, including the establishment, increase, or decrease of any appropriations and spending authority for all departments, budget commissions, committees, agencies or other units of the city, town, or fire district; provided, however, that notwithstanding §§ 16-2-9 and 16-2-18 , this clause shall fully apply to the school department and all school spending purposes;
    2. Implement and maintain uniform budget guidelines and procedures for all departments;
    3. Amend, formulate and execute capital budgets, including amending any borrowing authorization, or financing or refinancing of any debt in accordance with the law;
    4. Amortize operational deficits in an amount as the director of revenue approves and for a term not longer than five (5) years;
    5. Develop and maintain a uniform system for all financial planning and operations in all departments, offices, boards, commissions, committees, agencies, or other units of the city’s, town’s, or fire district’s government;
    6. Review and approve or disapprove all proposed contracts for goods or services;
    7. Notwithstanding any general or special law to the contrary, establish, increase, or decrease any fee, rate, or charge, for any service, license, permit, or other municipal or fire district activity, otherwise within the authority of the city, town, or fire district;
    8. Appoint, remove, supervise, and control all city, town, or fire district employees and have control over all personnel matters other than disciplinary matters; provided, that the budget commission shall hold all existing powers to hire and fire and set the terms and conditions of employment held by other employees or officers of the city, town, or fire district; provided, further, that the budget commission shall have the authority to exercise all powers otherwise available to a municipality or fire district regarding contractual obligations during a fiscal emergency; provided, further, that no city, town, or fire district employee or officer shall hire, fire, transfer, or alter the compensation or benefits of a city, town, or fire district employee except with the written approval of the budget commission; and provided, further, that the budget commission may delegate or otherwise assign these powers with the approval of the director of revenue;
    9. Alter or eliminate the compensation and/or benefits of elected officials of the city, town, or fire district to reflect the fiscal emergency and changes in the responsibilities of the officials as provided by this chapter;
    10. Employ, retain, and supervise such managerial, professional, and clerical staff as are necessary to carry out its responsibilities; provided, however, that such employment, retention and supervisory decisions are subject to the approval of the director of revenue; provided, further, that the budget commission shall not be subject to chapter 2 of title 37 or chapter 55 of title 45 in employing such staff; provided, further, that the budget commission, with the approval of the director of revenue, shall have authority to set the compensation, terms, and conditions of employment of its own staff; provided, further, that the city, town, or fire district shall annually appropriate amounts sufficient for the compensation of personnel hired under this clause as determined and fixed by the budget commission; provided, further, that, if the city, town, or fire district fails to appropriate such amounts, the director of revenue shall direct the general treasurer to deduct the necessary funds from the city’s, town’s, or fire district’s distribution of state aid and shall expend those funds directly for the benefit of the budget commission;
    11. Reorganize, consolidate, or abolish departments, commissions, authorities, boards, offices, or functions of the city, town, or fire district, in whole or in part, and to establish such new departments, commissions, authorities, boards, offices, or functions as it deems necessary, and to transfer the duties, powers, functions and appropriations of one department, commission, board, office, or other unit to another department, commission, authority, board, or office, and in connection therewith, remove and appoint new members for any such commission, authority, board, or department which appointees shall serve the remainder of any unexpired term of their predecessor;
    12. Appoint, in consultation with the director of revenue, persons to fill vacancies on any authority, board, committee, department, or office;
    13. Sell, lease, or otherwise transfer, real property and other assets of the city, town, or fire district with the approval of the director of revenue;
    14. Purchase, lease, or otherwise acquire, property or other assets on behalf of the city, town, or fire district with the approval of the director of revenue;
    15. Enter into contracts, including, but not limited to, contracts with other governmental entities, and such other governmental entities are hereby authorized to enter into such contracts;
    16. Adopt rules and regulations governing the operation and administration of the city, town, or fire district that permit the budget commission to effectively carry out this chapter under § 42-35-3(b);
    17. Alter or rescind any action or decision of any municipal or fire district officer, employee, board, authority, or commission within fourteen (14) days after receipt of notice of such action or decision;
    18. Suspend, in consultation with the director of revenue, any rules and regulations of the city, town, or fire district;
    19. Notwithstanding any other general law, special act, charter provision, or ordinance, and in conformity with the reserved powers of the general assembly pursuant to Article XIII, section 5 of the constitution of the state, a budget commission is authorized to issue bonds, notes, or certificates of indebtedness to fund the deficit of a city, town, or fire district without regard to § 45-12-22.4 , to fund cash flow and to finance capital projects. Bonds, notes, or certificates of indebtedness issued under authority of this chapter shall be general obligation bonds backed by the full faith and credit and taxing power of the city, town, or fire district; provided, however, that the budget commission may pledge future distributions of state aid for the purpose of retiring such bonds, notes, or certificates of indebtedness. If any state aid is so pledged, the budget commission shall execute on behalf of the city, town, or fire district a trust agreement with a corporate trustee, which may be any bank or trust company having the powers of a trust company within the state, and any state aid so pledged shall be paid by the general treasurer directly to the trustee to be held in trust and applied to the payment of principal and interest on such bonds, notes, or certificates of indebtedness; any earnings derived from the investment of such pledged aid shall be applied as needed to the payment of that principal and interest and for trustee’s fees and related expenses, with any excess to be paid to the city, town, or fire district. Bonds, notes, or certificates of indebtedness authorized under authority of this chapter shall be executed on behalf of the city, town, or fire district by a member of the commission and, except as provided for in this chapter, may be subject to the provisions of chapter 12 of title 45 so far as apt, or may be subject to the provisions of any special bond act enacted authorizing the issuance of bonds of a city, town, or fire district so far as apt; provided, however, that any bonds or notes issued for school purposes must be approved by the general assembly in order to qualify for school housing aid as set forth in chapter 7 of title 16; and
    20. Exercise all powers under the general laws and this chapter, or any special act, any charter provision or ordinance that any elected official of the city, town, or fire district may exercise, acting separately or jointly; provided, however, that with respect to any such exercise of powers by the budget commission, the elected officials shall not rescind nor take any action contrary to such action by the budget commission so long as the budget commission continues to exist.
    21. Certify to the Rhode Island department of revenue the need to advance payments of the state’s basic education program under chapter 7 of title 16 in the amount determined by the budget commission. Said amount shall be advanced, subject to approval of the director of the department of revenue, notwithstanding any general or public law to the contrary. The director of the department of revenue shall provide notice of any advance payments to the fiscal advisors of the house and senate finance committees. The state general treasurer shall deduct the estimated cost to the state’s general fund resulting from any advance payments.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2012, ch. 1, § 1; P.L. 2012, ch. 2, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1; P.L. 2014, ch. 117, § 1; P.L. 2014, ch. 129, § 1; P.L. 2016, ch. 512, art. 1, § 33.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2012, ch. 1, § 1, and P.L. 2012, ch. 2, § 1 enacted identical amendments to this section.

This section was amended by four acts (P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1; P.L. 2014, ch. 117, § 1; P.L. 2014, ch. 129, § 1) passed by the 2014 General Assembly. Since the changes are not in conflict with each other, this section is set out as amended by all four acts.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

P.L. 2014, ch. 117, § 1, and P.L. 2014, ch. 129, § 1 enacted identical amendments to this section.

Section 42-35-3 , referred to in this section, was amended by P.L. 2016, ch. 203, § 2, and P.L. 2016, ch. 206, § 2, effective June 29, 2016. Comparable provisions are now found in chapter 35 of title 42.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

NOTES TO DECISIONS

Attorney’s Fees.

When a mayor and city council unsuccessfully contested the constitutionality of the Financial Stability Act (Act), counsel hired by the city council to contest the Act was entitled to attorney’s fees because (1) the council was authorized to hire outside counsel to contest the constitutionality of the untested Act, despite a receiver rescinding the council’s resolutions to do so, as the council pursued its oath to support the state and federal constitutions, and (2) the council had standing to contest the Act. Shine v. Moreau, 119 A.3d 1, 2015 R.I. LEXIS 88 (2015).

Commission’s Authority.

Budget commission had statutory authority to alter retirees’ right to free lifetime health care because (1) § 45-9-6 did not bar altering rights under expired collective bargaining agreements (CBA), as the statute was clear and unambiguous, was to be liberally construed, and granted the commission expansive powers, and (2) the limitation in § 45-9-9 did not apply to expired CBAs. Hebert v. City of Woonsocket, 213 A.3d 1065, 2019 R.I. LEXIS 112 (2019).

Trial justice’s finding had to be reconsidered that a municipal budget commission violated the Contract Clause of the R.I. Constitution, R.I. Const. Art. I, § 12 , when it altered retired city employees’ rights to free lifetime healthcare benefits because the trial justice applied the wrong standard and gave no deference to the city. A “less deference” standard should be applied to the requirement that a city prove that a substantial impairment to contractual rights was nonetheless reasonable and necessary to fulfill an important public purpose. Hebert v. City of Woonsocket, 213 A.3d 1065, 2019 R.I. LEXIS 112 (2019).

If the trial court determines on remand that the budget commission did not violate the Contract Clause when it altered the retirees’ right to free lifetime health care, the requirement that the retirees pay deductibles on their health insurance should be of a finite and reasonable duration as the city is now on the mend financially. Hebert v. City of Woonsocket, 213 A.3d 1065, 2019 R.I. LEXIS 112 (2019).

45-9-7. Appointment of receiver.

  1. If the budget commission established by § 45-9-5 concludes that its powers are insufficient to restore fiscal stability to the city, town, or fire district, it shall so notify the director of revenue and shall forward to the director of revenue a statement of the reasons why it has been unable to restore fiscal stability to the city, town, or fire district. Upon receipt of such statement, the director of revenue shall terminate the existence of the budget commission, notwithstanding § 45-9-5 , and the director of revenue shall appoint a receiver for the city, town, or fire district for a period as the director of revenue may determine. The director of revenue may, at any time, and without cause, remove the receiver and appoint a successor, or terminate the receivership.
  2. The receiver shall have the following powers:
    1. All powers of the fiscal overseer and budget commission under §§ 45-9-2 and 45-9-6 . Such powers shall remain through the period of any receivership;
    2. The power to exercise any function or power of any municipal or fire district officer or employee, board, authority or commission, whether elected or otherwise relating to or impacting the fiscal stability of the city, town, or fire district including, without limitation, school and zoning matters; and
    3. The power to file a petition in the name of the city, town, or fire district under Chapter 9 of Title 11 of the United States Code, and to act on the city’s, town’s, or fire district’s behalf in any such proceeding.
  3. Upon the appointment of a receiver, the receiver shall have the right to exercise the powers of the elected officials under the general laws, special laws and the city, town, or fire district charter and ordinances and rules and regulations relating to or impacting the fiscal stability of the city, town, or fire district including, without limitation, school and zoning matters; provided, further, that the powers of the receiver shall be superior to and supersede the powers of the elected officials of the city, town, or fire district shall continue to be elected in accordance with the city or town or fire district charter, and shall serve in an advisory capacity to the receiver. The receiver shall allow the city’s, town’s, or fire district’s elected officials to serve their constituents by providing advice to the receiver on the matters relating to the operation of the city, town, or fire district. In the event a conflict arises between the chief elected official or city or town council or fire district governing body and the receiver, the receiver’s decision shall prevail. The director of revenue shall determine the salary of the receiver, which salary shall be payable by the city, town, or fire district.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2011, ch. 328, § 1; P.L. 2011, ch. 389, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2011, ch. 328, § 1, and P.L. 2011, ch. 389, § 1 enacted identical amendments to this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Law Reviews.

Connor Mills, 2016 Survey, Cases: Government: Shine v. Moreau, 22 Roger Williams U. L. Rev. 832 (2017).

NOTES TO DECISIONS

Constitutionality.

R.I. Gen. Laws § 45-9-1 et seq. (the act), allowing the Director of the Rhode Island Department of Revenue (Director) to appoint a receiver to conduct a city’s affairs in a fiscal emergency, did not violate the home rule provisions of R.I. Const. art. XIII, § 4 because the act (1) was an enactment of general application, and (2) did not alter the city’s form of government in R.I. Gen. Laws § 45-9-7 , as the receiver’s powers were contained and channeled by (1) standards setting forth a deliberate and progressive mechanism by which a town or city was provided with varying levels of support and control depending on the circumstances, (2) the Director’s ability, under R.I. Gen. Laws § 45-9-7 , to remove the receiver and terminate the receivership, and (3), subjecting the receiver to administering any and all delegated powers in accordance with the act’s stated policy purpose. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

Failure of R.I. Gen. Laws § 45-9-7 , regarding the Director of the Rhode Island Department of Revenue appointing a receiver to conduct a city’s affairs in a fiscal emergency, to contain a sunset provision did not cause the statutory scheme in R.I. Gen. Laws § 45-9-1 et seq. to violate the home rule provisions of R.I. Const. art. XIII, § 4 because, despite this flaw in the statutory framework, there were sufficient standards that could serve as an objective measure of when the receiver’s oversight should terminate. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

R.I. Gen. Laws § 45-9-7 , allowing the Director of the Rhode Island Department of Revenue (Director) to appoint a receiver to conduct a city’s affairs in a fiscal emergency, did not violate the substantive due process provisions of R.I. Const. art. I, § 2 because it was not shown that R.I. Gen. Laws § 45-9-1 et seq. (the act) had no substantial relation to the public health, safety, morals, or general welfare, as the act explicitly stated at R.I. Gen. Laws § 45-9-1 6 that the act was necessary for the welfare of the state and the state’s inhabitants. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

Attorney’s Fees.

When a mayor and city council unsuccessfully contested the constitutionality of the Financial Stability Act (Act), counsel hired by the city council to contest the Act was entitled to attorney’s fees because (1) the council was authorized to hire outside counsel to contest the constitutionality of the untested Act, despite a receiver rescinding the council’s resolutions to do so, as the council pursued its oath to support the state and federal constitutions, and (2) the council had standing to contest the Act. Shine v. Moreau, 119 A.3d 1, 2015 R.I. LEXIS 88 (2015).

45-9-8. Appointment of receiver in a fiscal emergency.

In the event the director of revenue determines, in consultation with the auditor general, that a city, town, or fire district is facing a fiscal emergency and that circumstances do not allow for appointment of a fiscal overseer or a budget commission prior to the appointment of a receiver, the director of revenue may appoint a receiver without having first appointed a fiscal overseer or a budget commission.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

NOTES TO DECISIONS

Constitutionality.

R.I. Gen. Laws § 45-9-1 et seq., allowing the Director of the Rhode Island Department of Revenue (Director) to appoint a receiver to conduct a city’s affairs in a fiscal emergency, was not unconstitutionally overbroad due to the failure of R.I. Gen. Laws § 45-9-8 to define “fiscal emergency” because, (1) in its entirety, § 45-9-8 required the Director to make a determination that a city or town was facing a fiscal emergency in consultation with the auditor general, so the statute did not authorize the Director to determine at the Director’s sole discretion that a fiscal emergency existed, and (2) such a standard was consistent with the interpretation of the limits of permissible delegation, recognizing that modern problems of ever-increasing complexity required administrative expertise. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

R.I. Gen. Laws § 45-9-8 , delegating power to the director of the Department of Revenue to determine and declare, after consultation with the auditor general of the state, that a “fiscal emergency” existed in a particular municipality, was not unconstitutionally vague because a person of average intelligence did not have to guess or speculate about the meaning or intended application of R.I. Gen. Laws § 45-9-1 et seq., (the act), particularly when reading the act in the act’s entirety, including the language of R.I. Gen. Laws § 45-9-3(b) , setting forth five distinct factors that were relevant to a finding that the fiscal well-being of a city or town might be threatened. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

45-9-9. Collective bargaining agreements.

Notwithstanding chapter 7 of title 28 or any other general or special law or any charter or local ordinance to the contrary, new collective bargaining agreements, and any amendments, to new or existing collective bargaining agreements, (collectively, “collective bargaining agreements”) entered into by the city, town, or fire district or the school department, shall be subject to the approval of the fiscal overseer, budget commission, or receiver if the fiscal overseer, budget commission, or receiver is in effect at the time. No collective bargaining agreement shall be approved under this section unless the fiscal overseer, budget commission, or receiver has participated in the negotiation of the collective bargaining agreement and provides written certification to the director of revenue that after an evaluation of all pertinent financial information reasonably available, the city’s, town’s, or fire district’s financial resources and revenues are, and will continue to be, adequate to support such collective bargaining agreement without a detrimental impact on the provision of municipal or fire district services. A decision, by the fiscal overseer, budget commission, or receiver, to disapprove of a collective bargaining agreement under this section shall be made in a report to the parties; provided, however, that the report shall specify the disapproved portions of the agreement and the supporting reasons for the disapproval. This section shall not be construed to authorize a fiscal overseer, a budget commission, or a receiver under this chapter to reject or alter any existing collective bargaining agreement, unless by agreement, during the term of such collective bargaining agreement.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

NOTES TO DECISIONS

Constitutionality.

R.I. Gen. Laws § 45-9-1 et seq. (the act), allowing the Director of the Rhode Island Department of Revenue to appoint a receiver to conduct a city’s affairs in a fiscal emergency, did not violate the equal protection provisions of R.I. Const. art. I, § 2 when, in R.I. Gen. Laws § 45-9-9 , the act allegedly created classes of union members and nonunion members because the two alleged classes were not similarly situated. Moreau v. Flanders, 15 A.3d 565, 2011 R.I. LEXIS 39 (2011).

Commission’s Authority.

Budget commission had statutory authority to alter retirees’ right to free lifetime health care because (1) § 45-9-6 did not bar altering rights under expired collective bargaining agreements (CBA), as the statute was clear and unambiguous, was to be liberally construed, and granted the commission expansive powers, and (2) the limitation in § 45-9-9 did not apply to expired CBAs. Hebert v. City of Woonsocket, 213 A.3d 1065, 2019 R.I. LEXIS 112 (2019).

45-9-10. Appointment of administration and finance officer upon abolition of receiver where petition filed under Chapter 9 of Title 11 of the United States Code.

  1. Notwithstanding any general or special law or city or town ordinance to the contrary, this section shall apply upon abolition of a receiver established under this chapter, where petition was filed under Chapter 9 of Title 11 of the United States Code, upon a determination, in writing, by the director of revenue, that the financial condition of the city or town has improved to a level such that a receiver is no longer needed.
  2. For a period of five (5) years after the abolition of  a receiver in any such city, town, or fire district, there shall be in the city, town, or fire district a department of administration and finance that shall be responsible for the overall budgetary and financial administration of the city, town, or fire district. The department shall be under the direction and control of the officer appointed pursuant to subsection (c) below. The officer shall report to, and be under the charge and direction of, the elected chief executive officer, or in the case of a municipality without an elected chief executive officer, then the city or town council, or in the case of a fire district, the governing body of the fire district. Nothing in this section shall abrogate the powers and duties of the school committee under any general or special law, except as specifically provided in this section.

    Whenever the term “department of finance” or “finance department” appears in a general or special law or an ordinance, regulation, contract, or other document with reference to the city, town, or fire district, it shall mean the department of administration and finance of the city, town, or fire district. Whenever the term “chief financial officer,” “director of finance,” “financial director,” or “treasurer” appears in a general or special law or an ordinance, regulation, contract, or other document with reference to the city, town, or fire district, it shall mean the officer of the city, town, or fire district.

  3. The elected chief executive officer, or in the case of a municipality without an elected chief executive officer then the city or town council, or in the case of a fire district, the governing body of the fire district, shall appoint the officer from a list of three (3) names submitted by the division of municipal finance, for a term of not more than five (5) years, as provided in this subsection. The officer shall be an employee of the city, town, or fire district who shall be appointed solely on the basis of administrative and executive qualifications and shall be a person especially fitted by education, training, and experience to perform the duties of the office. The officer need not be a resident of the city, town, or fire district,  or the state. In the event of a vacancy in the office of officer the same process will be used.
  4. While the process of appointing an officer under subsection (c) is proceeding, the elected chief executive officer, or in the case of a municipality without an elected chief executive officer then the city or town council, may appoint an acting officer, or in the case of a fire district, then the governing body of the fire district may appoint an acting officer.
  5. The appointment, including an acting appointment, or removal of the officer, shall not take effect until it has been approved in writing by the division of municipal finance.
  6. The powers and duties of the officer shall include the following:
    1. Coordinating, administering, and supervising all financial services and activities;
    2. Assisting in all matters related to municipal or fire district financial affairs;
    3. Implementing and maintaining uniform systems, controls, and procedures for all financial activities in all departments, boards, commissions, agencies, offices, or other units of city, town, or fire district government the operations of which have a financial impact upon the general fund and enterprise funds of the city, town, or fire district, and including, but not limited to, maintaining all financial and accounting data and records;
    4. Implementing and maintaining uniform financial data processing capabilities for all departments, boards, commissions, agencies, and offices;
    5. Supervising all financial data processing activities;
    6. Implementing and maintaining uniform budget guidelines and procedures within all departments, boards, commissions, agencies, offices, and other units of city, town, or fire district government;
    7. Assisting in the development and preparation of all department, board, commission, agency, and office budgets and spending plans;
    8. Reviewing all proposed contracts to which the city, town, or fire district is party;
    9. Monitoring the expenditure of all city, town, or fire district funds, including periodic reporting by and to appropriate agencies of the status of accounts;
    10. Reviewing the spending plan for each department, board, commission, agency, and office; and
    11. Providing for the allotment of funds on a periodic basis as provided for in this chapter.

      In all cases where the duty is not expressly charged to any other department, board, commission, agency, or office, it shall be the duty of the officer to promote, secure, and preserve the financial interests of the city, town, or fire district.

  7. All department, board, commission, agency, and office budgets and requests for budget transfers shall be submitted to the officer for review and recommendation before submission to the elected chief executive officer, city or town council, fire district governing body, or school committee, as appropriate. For each proposed appropriation order, lease, or contract arrangement for a term including more than one fiscal year; collective bargaining agreement; and with respect to any proposed city or town council or fire district governing body vote necessary to effectuate a financial transfer, ordinance revision, or special legislation that may require the expenditure of funds or otherwise financially obligate the city, town, or fire district for a period in excess of one year; or with respect to a vote to authorize a borrowing under a law other than §§ 45-12-4.1 , 45-12-4.2 or 45-12-4.3 ; the officer shall, if it be the case, submit in writing to the elected chief executive officer, city or town council, fire district governing body, or school committee, as appropriate, a certification that it is the officer’s professional opinion, after an evaluation of all pertinent financial information reasonably available, that the city’s, town’s, or fire district’s financial resources and revenues are, and will continue to be, adequate to support such proposed expenditures or obligations without a detrimental impact on the provision of municipal or fire district services. If the officer fails to provide this certification within seven (7) days after a request for such certification from the elected chief executive officer, city or town council, fire district governing body, or school committee, the appropriation order, financial transfer, ordinance revision, special legislation, or borrowing authorization may nonetheless be approved, but the absence of the certification of the officer shall be expressly noted in that order or vote.
  8. All departments, officers, boards, commissions, agencies, and other units of the city, town, or fire district shall submit budget requests to the elected chief executive officer, or appropriate authority under applicable charter and ordinance provisions, upon the schedule and in the form established by the officer.
  9. Annually, not later than ninety (90) days prior to the beginning of the municipality’s or fire district’s fiscal year, the officer shall submit a four-year (4) financial plan and a five-year (5) capital plan to the city or town council or fire district governing body that includes all capital needs of the city, town, or fire district.
  10. The assessor, treasurer, finance director, controller, purchasing agent, labor relations director, and employees performing similar duties but with different titles shall report to, and be under the direction of, the officer. The officer, with the approval of the elected chief executive officer or appropriate authority under applicable charter and ordinance provisions, shall appoint all such officers and employees. The elected chief executive officer, or in the case of a municipality without an elected chief executive officer then the city or town council, or in the case of a fire district, the governing body of the fire district, may also place other positions and departments under the direction of the officer.
  11. The officer shall not assume the duties or responsibilities of the treasurer or the finance director and shall not hold an elective office and shall devote the officer’s full time and attention to the officer’s duties.
  12. The city, town, or fire district shall annually appropriate amounts sufficient for the proper administration of the department. If the city, town, or fire district fails to appropriate such amounts, the division of municipal finance shall direct the general treasurer to deduct the necessary funds from the city’s, town’s, or fire district’s distribution of the city’s, town’s, or fire district’s  state aid and shall expend those funds directly for the benefit of the department. The city or town shall annually appropriate amounts sufficient to cover the costs of the administration and finance officer. The state shall annually reimburse the city, town, or fire district for fifty percent (50%) share of such costs. The city, town, or fire district at its expense shall provide office space and adequate resources needed by the administration and finance officer in the performance of his/her duties.
  13. The officer shall comply with all requests of the school department to provide any information relating to the operation of the school department held within the authority or control of the officer as the result of the consolidation of school and city or town business and financial functions under §§ 45-9-3 or 45-9-6 . If the officer, or any employee under the control of the officer, refuses to provide such information or engages in unreasonable delay, the school department shall notify the division of municipal finance. The division of municipal finance shall, within a reasonable time, make a determination whether any such information shall be provided to the school department that shall be binding upon the officer and the school department. The division of municipal finance’s determination shall not be an adjudicatory proceeding reviewable under chapter 35 of title 42. Nothing in this subsection shall abrogate any of the other powers or duties of the school committee under the general laws.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2013, ch. 246, § 1; P.L. 2013, ch. 347, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1; P.L. 2014, ch. 474, § 1; P.L. 2014, ch. 476, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2013, ch. 246, § 1, and P.L. 2013, ch. 347, § 1 enacted identical amendments to this section.

This section was amended by four acts (P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1; P.L. 2014, ch. 474, § 1; and P.L. 2014, ch. 476, § 1) passed by the 2014 General Assembly. Since the changes are not in conflict with each other, this section is set out as amended by all four acts.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

P.L. 2014, ch. 474, § 1, and P.L. 2014, ch. 476, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-10.1. Appointment of administration and finance officer upon abolition of a fiscal overseer, or a budget commission or a receiver where no chapter 9, title 11 petition filed.

  1. Notwithstanding any general or special law, or city or town ordinance, or rule or regulation to the contrary, this section shall apply upon the abolition of the fiscal overseer, budget commission, or receiver where the receiver has not filed a petition for Chapter 9, Title 11 of the United States Code, upon a determination, in writing, by the director of revenue that the financial condition of the city, town, or fire district has improved to a level such that a fiscal overseer, budget commission, or receiver is no longer needed.
  2. For a period of five (5) years after the abolition of a fiscal overseer, or a budget commission, or a receiver, where the receiver has not filed a petition for Chapter 9, Title 11 of the United States Code, a finance advisor shall be appointed for the city, town, or fire district by the director of revenue. The finance advisor shall be an employee of the city, town, or fire district. The finance advisor shall be responsible for monitoring the overall budgetary and financial administration and fiscal health of the city, town, or fire district. The finance advisor shall report to the director of revenue.
  3. The finance advisor shall be appointed solely on the basis of his or her qualifications and shall be a person especially fitted by education, training, or experience to perform the functions of the position.
  4. The finance advisor shall have complete access to the financial books and records of all offices, departments, and other agencies of the municipal fire district government and, without limitations:
    1. Recommend to the elected chief executive officer, city or town council, or fire district governing body, and school committee sound fiscal policies for implementation and monitor implementation;
    2. Monitor and oversee all financial operations and activities including the city’s, town’s, or fire district’s operating and capital financial plans to maintain fiscal stability;
    3. Review operational results of various city, town, or fire district funds and evaluate the structural soundness of each;
    4. Advise the assessor, director of finance, city or town treasurer, purchasing agent, and employees performing similar duties but with different titles;
    5. Provide assistance in all matters related to municipal or fire district financial affairs;
    6. Review and approve the development and preparation of the annual municipal or fire district budget, all department operating and capital budgets, and spending plans;
    7. Review and approve all proposed labor contracts and obligations to determine if consistent with a structurally balanced, five-year (5) plan;
    8. Monitor the receipt of revenues and expenditures of all funds with the assistance of city, town, or fire district staff;
    9. Participate in rating agency calls pertaining to the city, town, or fire district;
    10. Determine compliance with the various ordinances, laws (federal and state), and rules and regulations related to receipt and expenditure of city, town, or fire district funds;
    11. Provide comment to the local governing body on the annual or supplemental municipal or fire district budgets of the city, town, or fire district and all of its departments;
    12. Report quarterly to the chief elected officer, city or town council, fire district governing body, director of revenue, the auditor general, the governor, and the chairpersons of the house finance and senate finance committees on the progress made towards maintaining fiscal stability and all financial operations of the city, town, or fire district;
    13. Make recommendations to the elected chief executive officer, city or town council, fire district governing body, school committee, and the director of revenue, as appropriate, to begin to address any operational and/or structural deficit;
    14. Make recommendations to the elected chief executive officer, city or town council, fire district governing body, and school committee, as appropriate, to have operational, performance, or forensic audits, or similar assessments conducted;
    15. Report any: (i) Inappropriate expenditure; (ii) Any improper accounting procedure; (iii) All failures to properly record financial transactions; and (iv) Other inaccuracies, irregularities, and shortages, as soon as practical to the elected chief executive officer, or in the case of a municipality without an elected chief executive officer, the city or town council, or in the case of a fire district, the fire district governing body; and
    16. Notify in writing as soon as practical, the elected chief executive officer or the city or town council, or the fire district governing body; if the finance advisor discovers any errors, unusual practices, or any other discrepancies in connection with his or her work.

      (f) The city or town, including the school department or fire district, shall provide the finance advisor with any and all information requested in a timely fashion.

      (g) The city, town, or fire district shall annually appropriate amounts sufficient to cover the costs of the administration and finance officer. The state shall annually reimburse the city or town for fifty percent (50%) share of such costs.

      (h) The city, town, or fire district, at its expense, shall provide office space and adequate resources needed by the administration and finance officer in the performance of his/her duties.

  5. (i) Nothing contained herein removes duties from existing positions in the city, town, or fire district.

History of Section. P.L. 2013, ch. 246, § 2; P.L. 2013, ch. 347, § 2; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2013, ch. 246, § 2, and P.L. 2013, ch. 347, § 2 enacted identical versions of this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-11. Expenditures in excess of appropriations prohibited.

  1. No official of a city, town, or fire district that is subject to the jurisdiction of a fiscal overseer, budget commission, or receiver, except in the case of an emergency involving the health and safety of the people or the people’s property declared by the city or town council or fire district governing body, shall knowingly expend, or cause to be expended, in any fiscal year any sum in excess of that official’s departmental or other governmental unit’s appropriation duly made in accordance with the law, nor commit the city, town, or fire district, nor cause it to be committed, to any obligation for the future payment of money in excess of that appropriation, with the exception of court judgments.
  2. An official who intentionally violates this section shall be personally liable to the city, town, or fire district for any amounts expended in excess of an appropriation to the extent that the city, town, or fire district does not recover such amounts from the person or persons to whom such amounts were paid and shall not be indemnified by the city, town, or fire district for any such amounts. The superior court shall have jurisdiction to adjudicate claims brought by the city, town, or fire district, or on the city’s, town’s, or fire district’s behalf by a budget commission established under this chapter, and to order relief that the court finds appropriate to prevent further violations of this section. A violation of this section shall be sufficient cause for removal.
  3. For the purposes of this section, the word “official” shall mean a city, town, or fire district department head, permanent, temporary, or acting, including the superintendent of schools, and all members of municipal boards, committees, including the school committee, and commissions that recommend, authorize, or approve the expenditure of funds, and the word “emergency” shall mean a major disaster, including, but not limited to, flood, drought, fire, hurricane, earthquake, storm or other catastrophe, whether natural or otherwise, that poses an unexpected and immediate threat to the health and safety of persons or property.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Law Reviews.

Connor Mills, 2016 Survey, Cases: Government: Shine v. Moreau, 22 Roger Williams U. L. Rev. 832 (2017).

NOTES TO DECISIONS

Attorney’s Fees.

When a mayor and city council unsuccessfully contested the constitutionality of the Financial Stability Act (Act), a receiver appointed for the city pursuant to the Act was not entitled to attorney’s fees under R.I. Gen. Laws § 45-9-11 because (1) that statute, being in derogation of the common law, had to be strictly construed, and, (2) so construed, the statute did not provide for attorney’s fees, as the statute did not mention attorney’s fees or costs. Shine v. Moreau, 119 A.3d 1, 2015 R.I. LEXIS 88 (2015).

45-9-12. Conflicts with other laws.

Notwithstanding any general or special law to the contrary, unless otherwise specified, the provisions of this chapter shall supersede any conflicting provisions of the city’s, town’s, or fire district’s charter, local ordinance, rule or regulation.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-13. Other state receivership laws inapplicable.

No city, town, or fire district shall be placed into, or made subject to, either voluntarily or involuntarily, a state judicial receivership proceeding, and nothing in this act shall in any way pre-empt or restrict the powers and remedies available to a state-appointed receiver under Chapter 9 of Title 11 of the United States Code and the receiver’s ability to exercise such powers and remedies on a city’s, town’s, or fire district’s behalf in a federal proceeding filed under Chapter 9 of Title 11 of the United States Code.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2011, ch. 279, § 1; P.L. 2011, ch. 304, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2011, ch. 279, § 1, and P.L. 2011, ch. 304, § 1 enacted identical amendments to this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-14. No state guarantee.

Nothing in this chapter shall be construed to pledge the credit and assets of the state to pay the obligations or indebtedness, including bonded indebtedness, of any municipality or fire district.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-15. Inconsistent provisions.

Insofar as the provisions of this chapter are inconsistent with the provisions of any charter, other laws, or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality or fire district, the provisions of this chapter are controlling.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-16. Liberal construction.

This chapter being necessary for the welfare of the state and its inhabitants shall be liberally construed in order to effectuate its purposes.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

NOTES TO DECISIONS

Commission’s Authority.

Budget commission had statutory authority to alter retirees’ right to free lifetime health care because (1) § 45-9-6 did not bar altering rights under expired collective bargaining agreements (CBA), as the statute was clear and unambiguous, was to be liberally construed, and granted the commission expansive powers, and (2) the limitation in § 45-9-9 did not apply to expired CBAs. Hebert v. City of Woonsocket, 213 A.3d 1065, 2019 R.I. LEXIS 112 (2019).

45-9-17. Severability.

The provisions of this chapter are severable, and if any of its provisions are held unconstitutional or invalid for any other reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not the steps are required by this chapter.

History of Section. P.L. 2010, ch. 24, § 1; P.L. 2010, ch. 27, § 1.

Compiler’s Notes.

P.L. 2010, ch. 24, § 1, and P.L. 2010, ch. 27, § 1, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the enactment of this section by that act applies retroactively to May 15, 2010.

45-9-18. Additional powers of receiver.

The receiver shall be entitled to exercise all powers under the general laws, this chapter, the state constitution, any special act, any charter provision or ordinance that any elected official or any body of the city, town, or fire district may exercise, acting separately or jointly; provided, however, that with respect to any such exercise of powers by the receiver, the elected officials or the body shall not rescind, nor take any action contrary to, such action by the receiver so long as the receivership continues to exist.

History of Section. P.L. 2011, ch. 279, § 2; P.L. 2011, ch. 304, § 2; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2011, ch. 279, § 2, and P.L. 2011, ch. 304, § 2 enacted identical versions of this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-19. Expenditures by elected officials in excess of appropriations prohibited.

  1. No elected official of a city, town, or fire district that is subject to the jurisdiction of a fiscal overseer, budget commission, or receiver, except in the case of an emergency involving the health and safety of the people or the people’s property declared by the city or town council or fire district governing body, shall knowingly expend, or cause to be expended, in any fiscal year any sum in excess of that official’s departmental or other governmental unit’s appropriation duly made in accordance with the law, nor commit the city, town, or fire district, nor cause it to be committed, to any obligation for the future payment of money in excess of that appropriation, with the exception of court judgments.
  2. An elected official who intentionally violates this section shall be personally liable to the city, town, or fire district for any amounts expended in excess of an appropriation to the extent that the city, town, or fire district does not recover such amounts from the person or persons to whom such amounts were paid and shall not be indemnified by the city, town, or fire district for any such amounts. The superior court shall have jurisdiction to adjudicate claims brought by the city or town, or on the city’s, town’s, or fire district’s behalf by a budget commission established under this chapter, and to order relief that the court finds appropriate to prevent further violations of this section.

History of Section. P.L. 2011, ch. 279, § 2; P.L. 2011, ch. 304, § 2; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2011, ch. 279, § 2, and P.L. 2011, ch. 304, § 2 enacted identical versions of this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-20. Orders of the receiver.

In the event a receiver is appointed pursuant to the provisions of this chapter, powers of the fire district governing body or powers of the city or town council exercisable by resolution or ordinance shall be exercised by order of the receiver.

History of Section. P.L. 2011, ch. 279, § 2; P.L. 2011, ch. 304, § 2; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2011, ch. 279, § 2, and P.L. 2011, ch. 304, § 2 enacted identical versions of this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-21. Exemption from liability and prosecution.

  1. Notwithstanding any general or special law to the contrary, neither the director of the department of revenue, nor any fiscal overseer, budget commission member, receiver or administration and finance officer or any managerial, professional or clerical staff hired, retained or employed by the director of the department of revenue or any fiscal overseer, budget and review commission, receiver or administration and finance officer under this chapter shall have any civil liability for any actions taken or omitted in the course of performing their official duties.
  2. Notwithstanding any general or special law to the contrary, neither the director of the department of revenue nor any fiscal overseer, budget commission member, receiver or administration and finance officer, nor any managerial, professional or clerical staff employed by the director of the department of revenue or any fiscal overseer, budget and review commission, receiver or administration and finance officer under this chapter shall be subject to prosecution or have any liability for misdemeanor violations of criminal laws for actions taken or omitted in the course of performing their official duties under  this chapter.

History of Section. P.L. 2011, ch. 279, § 2; P.L. 2011, ch. 304, § 2.

Compiler’s Notes.

P.L. 2011, ch. 279, § 2, and P.L. 2011, ch. 304, § 2 enacted identical versions of this section.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

45-9-22. Indemnification.

Notwithstanding any general or special law to the contrary, the state shall indemnify, exonerate, defend, and hold harmless the director of the department of revenue and any fiscal overseer, budget commission member, receiver, or administration and finance officer, and any managerial, professional, or clerical staff hired, retained, or employed by the director of the department of revenue, or any fiscal overseer, budget and review commission, receiver, or administration and finance officer under this chapter, from all loss, cost, expense, and damage, including legal fees and court costs, if any, arising out of any contract, claim, action, compromise, settlement, or judgment by reason of any intentional tort or by reason of any alleged error or misstatement or action or omission, or neglect or violation of the rights of any person under any federal or state law, arising out of, or relating to, actions taken or omitted by such person under this chapter, except in the case of intentional malfeasance, malicious conduct, or gross negligence. The costs of such indemnity and defense shall be paid for solely from amounts available in the city’s, town’s, or fire district’s general fund, from amounts appropriated by the general assembly for such purposes, or from other available funds to the extent permitted by law.

History of Section. P.L. 2011, ch. 279, § 2; P.L. 2011, ch. 304, § 2; P.L. 2014, ch. 31, § 1; P.L. 2014, ch. 33, § 1.

Compiler’s Notes.

P.L. 2011, ch. 279, § 2, and P.L. 2011, ch. 304, § 2 enacted identical versions of this section.

P.L. 2014, ch. 31, § 1, and P.L. 2014, ch. 33, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-9-23. Litigation costs.

Unless such person shall be the prevailing party in a final non-appealable judgment, any person who violates this chapter or ignores a written demand made by a fiscal overseer, budget commission member, receiver or administration and finance officer acting within the scope of his or her duties, shall be required to pay the reasonable attorney fees incurred by the fiscal overseer, budget commission member, receiver or administration and finance officer and/or his or her counsel to seek enforcement of this chapter or compliance with such written demand.

History of Section. P.L. 2011, ch. 279, § 2; P.L. 2011, ch. 304, § 2.

Compiler’s Notes.

P.L. 2011, ch. 279, § 2, and P.L. 2011, ch. 304, § 2 enacted identical versions of this section.

Applicability.

P.L. 2011, ch. 279, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

P.L. 2011, ch. 304, § 3, provides that this section takes effect upon passage [July 12, 2011] and shall apply retroactively to May 15, 2010.

Chapter 10 Audit of Accounts and Installation of Systems

45-10-1. Power to petition for installation of system.

The electors of any town or city qualified to vote on a proposition to impose a tax, or any town or city council, when legally assembled, may, by vote, petition the state director of revenue for the installation of an accounting system for the town or city.

History of Section. P.L. 1929, ch. 1422, § 1; G.L. 1938, ch. 347, § 1; G.L. 1938, ch. 347, § 5; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-1 ; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

Cross References.

Town auditor, election, § 45-5-9 .

Comparative Legislation.

Audits:

Conn. Gen. Stat. §§ 7-391 — 7-397, 7-399.

Mass. Ann. Laws ch. 44, §§ 35—46A.

45-10-2. Certification of vote to install system — Installation.

Upon the passage of the vote petitioning the state director of revenue for the installation of a system of accounting as provided in § 45-10-1 , the town or city clerk or any other person so authorized in that vote shall immediately forward by registered or certified mail to the director of revenue and to the town or city treasurer or any other person having custody of the accounts, a certified copy of the vote, and the director of revenue shall cause an accounting system to be installed in the town or city.

History of Section. P.L. 1929, ch. 1422, § 1; G.L. 1938, ch. 347, § 1; G.L. 1938, ch. 347, § 5; P.L. 1955, ch. 3414, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 45-10-2 ; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-3. Assistance in operation of system.

Whenever a system of accounting has been installed under the provisions of this chapter, the town or city council of the municipality in which the system is installed may request the assistance of the state director of revenue in the operation of the system, and the state director of revenue shall furnish any temporary clerical assistance and other assistance as that in the director’s judgment may be necessary.

History of Section. P.L. 1929, ch. 1422, § 5; G.L. 1938, ch. 347, § 5; G.L. 1938, ch. 347, § 6; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-3 ; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-4. Annual post audit required.

Each municipality and regional school district in the state, prior to the close of the fiscal year, shall retain the services of one or more independent certified public accountants holding a certificate from the state of Rhode Island, or from any other state with whom the state board of accountancy has a reciprocal relationship, to make a detailed post audit of the financial records of the municipality or regional school district for the preceding fiscal year in accordance with generally accepted auditing standards and government auditing standards. School districts that are part of the primary government of a municipality shall be included in the municipality’s post audit and shall not be required to obtain a separate post audit. The selection of auditors pursuant to this section shall be subject to the final approval of the state auditor general. The municipality or school district shall not engage the auditors or enter into a contract for those services until the auditor general gives his or her written authorization. The term school district shall include regional school districts. At the request of the auditor general, the audit firm for each municipality or school district shall release any and all information obtained in the course of the engagement to the Rhode Island state auditor general (or his or her designee). This information includes, but is not limited to, financial data, analysis, work papers, and memorandum. Audit work papers of the independent auditors shall be made available to the auditor general (or his or her designee) upon request. The request for such information by the auditor general shall be responded to promptly. Failure to provide this information shall constitute a breach of contract by the audit firm. The auditor general shall have standing to bring an action in the superior court to compel the audit firm to provide the information listed in this section. In addition the auditor general shall prescribe requirements for audits of fire districts conducted pursuant to § 44-5-69 .

History of Section. G.L. 1938, ch. 347, § 1; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-4 ; P.L. 1985, ch. 181, art. 31, § 2; P.L. 2002, ch. 324, § 1; P.L. 2002, ch. 414, § 1; P.L. 2005, ch. 353, § 1; P.L. 2014, ch. 31, § 2; P.L. 2014, ch. 33, § 2.

Compiler’s Notes.

P.L. 2014, ch. 31, § 2, and P.L. 2014, ch. 33, § 2 enacted identical amendments to this section.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Cross References.

Settlement of town treasurer’s account, § 45-8-3 .

45-10-5. Filing of audit report.

The accountants making the post audit required by § 45-10-4 shall submit a report on their examination of the financial statements to the city or town audited, and the town or city clerk of the city or town shall file duplicate copies of the post audit with the state director of revenue and the state auditor general not later than six (6) months after the close of the fiscal year. The copy of the report filed with the director of revenue shall be a public record. The auditor general may, in his or her discretion, grant extensions in the filing of the audit report only upon reasonable cause for the extension being demonstrated by the municipality. In those cases, the determination of the auditor general as to the existence of reasonable cause shall be deemed conclusive.

History of Section. G.L. 1938, ch. 347, § 1; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-5 ; P.L. 1976, ch. 200, § 1; P.L. 1985, ch. 181, art. 61, § 23; P.L. 2002, ch. 324, § 1; P.L. 2002, ch. 414, § 1; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-5.1. Uniform accounting procedures.

The office of the auditor general of the state of Rhode Island shall prescribe and supervise the application of uniform accounting principles and financial reporting to follow the guidelines established by the governmental accounting standards board and the American Institute of Certified Public Accountants. The auditor general shall supervise compliance with generally accepted auditing standards.

History of Section. P.L. 1976, ch. 200, § 2; P.L. 1988, ch. 167, § 1.

45-10-5.2. Failure to file audit report.

  1. If the municipality fails to comply with the provisions of this chapter by filing the audit report as required under this chapter, the auditor general, in his or her discretion, is authorized to provide for the completion of the audit. In that event, the auditors and/or the municipality shall transmit the audit workpapers to the auditor general within ten (10) days of his or her request. The workpapers shall include, but not be limited to, the work product customarily generated in the course of an audit under generally accepted auditing standards and practices, as well as any papers, schedules, or documents created or provided by or to the auditors in the conduct of audit field work. The municipality shall bear the cost of the audit to be completed by the auditor general or an independent audit firm engaged by the auditor general to complete the audit. The payment of this cost shall be deducted from state aid funds otherwise due to the municipality.
  2. If the auditor and/or the municipality refuses to transmit the workpapers as provided in this section, the auditor general shall have standing to petition the presiding justice of the Rhode Island superior court for an order compelling the immediate transmission of the workpapers to the auditor general. Upon the filing of that petition, the court shall schedule a hearing on an expedited basis, no more than ten (10) days after the filing of the petition. The court shall order the transmission of the workpapers and the draft of the audit report, if any, to the auditor general upon the auditor general’s certification to the court that:
    1. The audit report was not completed and filed as required under the law;
    2. Requests for extension to file were denied by the auditor general; and
    3. The auditors and/or the municipality have failed or refused to transmit the workpapers and/or preliminary draft of the report.
  3. Failure to transmit the workpapers and/or draft audit report after the issuance of a court order will constitute criminal contempt of court, and will empower the court to impose any and all criminal sanctions including imprisonment and/or monetary penalties consistent with the existing power and authority of the superior court to impose those sanctions under law. Any monetary penalty imposed shall be paid into the restricted receipts account established pursuant to § 45-10-5.3 for the payment of late penalties.

History of Section. P.L. 2002, ch. 324, § 2.

45-10-5.3. Failure to file audit report — Enforcement and penalty.

  1. Failure to file the duplicate audit report as prescribed in § 45-10-4 shall result in a sanction being imposed equal to ten thousand dollars ($10,000) per month or a monthly sanction equal to one-twelfth (1/12) of the product of one percent (1%) of the general revenue sharing funds received by the municipality from the state in the prior fiscal year, whichever is greater. This penalty shall be calculated from the due date of the audit or any approved extension date until the date the report is filed as required. The penalty funds shall be paid by the municipality to the general treasurer who shall deposit the funds into a restricted receipts account. If the municipality fails to promptly pay the penalty, the general treasurer is authorized to withhold those amounts from state aid otherwise due to the municipality upon certification by the auditor general of the amount of the penalty. Both the auditor general and the general treasurer shall have standing to bring an action in the Providence County superior court to enforce payment of the penalty provided for under this section.
  2. In addition to the penalty for late filing, if the municipality fails to comply with the provisions of this chapter by filing the audit report as required under this chapter, the auditor general, in his or her discretion, is authorized to provide for the completion of the audit. In that event, the auditors and/or the municipality shall transmit the audit workpapers to the auditor general within ten (10) days of his or her request. The workpapers shall include, but not be limited to, the work product customarily generated in the course of an audit under generally accepted auditing standards and practices, as well as any papers, schedules, or documents created or provided by or to the auditors in the conduct of audit field work. The municipality shall bear the cost of the audit to be completed by the auditor general or an independent audit firm engaged by the auditor general to complete the audit. The payment of this cost shall be deducted from state aid funds otherwise due to the municipality.
  3. If the auditor and/or the municipality refuses to transmit the workpapers as provided in this section, the auditor general shall have standing to petition the presiding justice of the Rhode Island superior court for an order compelling the immediate transmission of the workpapers to the auditor general. Upon the filing of that petition, the court shall schedule a hearing on an expedited basis, no more than ten (10) days after the filing of the petition. The court shall order the transmission of the workpapers and the draft of the audit report, if any, to the auditor general upon the auditor general’s certification to the court that:
    1. The audit report was not completed and filed as required under the law;
    2. Requests for extension to file were denied by the auditor general; and
    3. The auditors and/or the municipality have failed or refused to transmit the workpapers and/or preliminary draft of the report.
  4. Failure to transmit the workpapers and/or draft audit report after the issuance of a court order will constitute criminal contempt of court, and will empower the court to impose any and all criminal sanctions including imprisonment and/or monetary penalties consistent with the existing power and authority of the superior court to impose those sanctions under law. Any monetary penalty imposed shall be paid into the restricted receipts account established pursuant to this section for the payment of late penalties.
  5. The state controller shall establish the restricted receipts account for the deposit of penalties and costs under this section, and the disbursement of funds from this account shall be for the purpose of training government finance personnel, and to reimburse and/or pay audit costs and the cost of monitoring and enforcing compliance with this chapter. Disbursements from the account shall require the authorization of the auditor general.

History of Section. P.L. 2002, ch. 414, § 2.

45-10-6. Contents of audit report.

The audit report referred to in this chapter shall include for each fund of the city or town and for each public industry maintained or operated by the city or town:

  1. Financial statements for the fiscal year prepared in accordance with the reporting requirements prescribed in § 45-10-5.1 , together with the auditor’s report thereon;
  2. A statement as to uncollected taxes outstanding at the close of the last fiscal year according to the years for which the taxes were assessed;
  3. A statement as to debts incurred during the last fiscal year which were unpaid at the end of the year;
  4. Statements as to each public industry maintained or operated by the city or town of expenditures for construction and for equipment for that year;
  5. A statement of the public debt evidenced by notes, bonds, or other evidences of indebtedness, issued and outstanding of the city or town showing as to each item of public debt the authorization date of the debt, the purpose for which authorized, the amount authorized, the date of issue, and amount issued, the interest rate, the amount owing on account of the debt at the close of the fiscal year, and the amount, if any, at that time of the sinking fund established for the retirement of the debt;
  6. A statement of the sinking funds for the payment of the public debt of the city or town, showing how these funds are constituted and invested at the close of the fiscal year; and
  7. Suggestions developed during the course of the audit for improvements in procedures and controls.

History of Section. P.L. 1929, ch. 1422, § 8; P.L. 1932, ch. 1957, § 1; G.L. 1938, ch. 347, § 8; G.L. 1938, ch. 347, § 1; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-6 ; P.L. 1976, ch. 200, § 3; P.L. 1988, ch. 167, § 1.

45-10-6.1. Corrective action plan.

If the auditor conducting the post audit expresses an opinion on the financial statements of a municipality or school district that is other than unqualified, the chief finance officer of the municipality or school district shall submit a detailed corrective action plan and timetable, which addresses the issue(s) which caused the auditor’s qualified opinion on the financial statements. The plan and timetable shall be submitted to the city or town council, the school committee, state auditor general and director of revenue within forty-five (45) days of receipt of the final audit. The chief finance officer of each municipality and each school district shall also submit all findings and recommendations reported by the auditors making the post audit, including those reported in a separate management letter, to the city or town council, to the state auditor general, the school committee and director of revenue. The chief finance officer of the municipality and each school district shall prepare a plan of revenue corrective action and timetable for all findings and recommendations and shall submit the plan to the city or town council, the school committee, state auditor general and director of revenue within forty-five (45) days of receipt of a written report or letter of findings and recommendations from the auditors. All management letters shall be public records. The term school district shall include regional school districts.

History of Section. P.L. 2002, ch. 324, § 2; P.L. 2002, ch. 414, § 2; P.L. 2005, ch. 341, § 1; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-7. Expenses of post audit.

The cost and expenses of the post audit shall be borne by each city and town.

History of Section. G.L. 1938, ch. 347, § 1; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-7 ; P.L. 1979, ch. 274, § 2.

45-10-8. Notice of engagement of accountants — Failure to provide notice of engagement to director of revenue.

Notice of the engagement of the certified public accountant or accountants pursuant to § 45-10-4 , shall be mailed by the city or town clerk to the director of revenue and the auditor general by registered or certified mail during the period preceding the 60th day prior to the close of the fiscal year. If the notice is not received by the director of revenue during that period, the director shall notify the city or town by registered or certified mail of their failure to notify, and failure to receive the notice of the engagement of the certified public accountant or accountants within thirty (30) days following the registered or certified mailing shall permit the director to file notice for the withholding of state funds pursuant to § 45-10-12 .

History of Section. G.L. 1938, ch. 347, § 2; P.L. 1955, ch. 3414, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 45-10-9 ; P.L. 1985, ch. 181, art. 31, § 2; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-9. Access of auditors to records.

In order to carry out the purpose of this chapter, the certified public accountant or accountants shall have access to all of the municipality’s books of account, tax warrant books, tax bills, receipts, vouchers, check books, cancelled checks, correspondence, bank books, documents, records, and all other information directly or otherwise pertaining to those accounts.

History of Section. P.L. 1929, ch. 1422, § 3; G.L. 1938, ch. 347, § 3; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-9 ; P.L. 1985, ch. 181, art. 31, § 2.

45-10-10. Delivery of records to auditors.

The town or city treasurer or any other person or persons that may have custody of any accounts or other records described in § 45-10-9 shall, on demand of the person or persons authorized by § 45-10-4 to make post audit, deliver to that person or persons for examination all applicable accounts or other records. Failure or neglect to comply with the provisions of this section by the town or city treasurer, or by a person or persons described in § 45-10-9 , is punishable by a fine not exceeding five thousand dollars ($5,000) nor less than five hundred dollars ($500).

History of Section. P.L. 1929, ch. 1422, § 4; G.L. 1938, ch. 347, § 4; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-10 .

45-10-11. Compelling attendance of witnesses and production of records.

The director of revenue, at the request of the person or persons authorized by § 45-10-4 to make a post audit, may summon and compel the attendance of witnesses for examination under oath, and may compel the production of accounts and records described in § 45-10-9 .

History of Section. P.L. 1929, ch. 1422, § 10; P.L. 1932, ch. 1957, § 1; G.L. 1938, ch. 347, § 10; G.L. 1938, ch. 347, § 9; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-11 ; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-12. Withholding of funds due towns failing to file reports.

Whenever any town or city fails to file a duplicate copy of the audit report as required in § 45-10-5 within the time required by that section, or files a report that does not fully comply with the requirements of §§ 45-10-5 and 45-10-6 , or fails to provide the notice of engagement of accountant or accountants as required by § 45-10-8 within the time required by that section, the state director of revenue shall immediately, with the concurrence of the auditor general, notify the treasurer and the town or city clerk of the town or city and the general treasurer of that fact, and the general treasurer shall withhold any and all payments of money due or that may become due to the town or city during the period that the town or city fails to comply with the provisions of §§ 45-10-4 45-10-8 .

History of Section. P.L. 1929, ch. 1422, § 9; P.L. 1932, ch. 1957, § 1; G.L. 1938, ch. 347, § 9; G.L. 1938, ch. 347, § 8; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-12 ; P.L. 1985, ch. 181, art. 31, § 2; P.L. 2000, ch. 55, art. 19, § 3; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-13. Costs of audits, installation of accounting systems, or other assistance.

Each town or city for which an audit has been made, a system of accounting installed, or clerical or other assistance furnished, under the provisions of this chapter, shall pay to the general treasurer a sum equal to the actual cost to the state of any of these services as shown by the records of the state director of revenue and certified to by the director to the town or city treasurer and the general treasurer. The payments shall be made within thirty (30) days after the receipt by the treasurer of the town or city of the certificate of the state director of revenue.

History of Section. P.L. 1929, ch. 1422, § 6; G.L. 1938, ch. 347, § 6; G.L. 1938, ch. 347, § 7; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-13 ; P.L. 1979, ch. 274, § 2; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-14. Appropriations and disbursements.

The general assembly shall annually appropriate any sums that it deems necessary for the purpose of carrying out the provisions of this chapter, and the state director of revenue is authorized and directed to draw his or her orders upon the general treasurer for the payment of these sums or so much of them as may from time to time be required.

History of Section. P.L. 1929, ch. 1422, § 11; P.L. 1932, ch. 1957, § 1; G.L. 1938, ch. 347, § 11; G.L. 1938, ch. 347, § 10; P.L. 1955, ch. 3414, § 1; G.L. 1956, § 45-10-14 ; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-15. Compliance with requirements of “governmental accounting standards board (GASB)” pension funding.

For any audit year in which a municipality contributes materially less than 100% of the annual required contribution to its pension plan(s) as reported in accordance with GASB statement 27 or any successor statement, the municipality shall submit to the auditor general and the director of revenue, within three (3) months of completion of the financial statement, the municipality’s most recent actuarial study of the plan(s) and management’s recommendations for assuring future payments equal to the annual pension cost (APC).

History of Section. P.L. 2000, ch. 55, art. 19, § 5; P.L. 2008, ch. 98, § 57; P.L. 2008, ch. 145, § 57.

45-10-16. Advisory council on municipal finances.

  1. In order to strengthen the fiscal accountability of cities, towns and municipalities in Rhode Island an advisory council on municipal finances is hereby formed. The council is composed of five (5) members as follows:
    1. The auditor general of the state of Rhode Island or his or her designee;
    2. The executive director of the Rhode Island League of Cities and Towns or his or her designee;
    3. The executive director of the Rhode Island League of Cities and Towns shall appoint a representative of the Government Finance Officers Association;
    4. The director of the department of revenue or his or her designee;
    5. The state controller or his or her designee.

      The auditor general or his or her designee shall serve as chair of the council.

  2. The council shall develop recommendations for a uniform system of accounting, including a chart of accounts for all cities, towns and municipalities. These recommendations shall take into consideration the work of the advisory council on school finances pursuant to the requirements of § 16-2-9.3 . The council shall recommend changes in accounting procedures to be adopted by cities, towns and municipalities. In addition, the council shall apprise municipal business officials, city and town councils, and other municipal leaders about sound fiscal practices and current state and federal rules and regulations regarding municipal finance. All recommendations of the council shall be advisory in nature.
  3. The council shall meet at least one time each year. The council shall report its activities and recommendations to the chairs of the house and senate committees on finance, the senate committee on housing and municipal government, the house committee on municipal government, and the office of the governor. The council’s initial recommendations shall be submitted by July 1, 2009.

History of Section. P.L. 2008, ch. 100, art. 14, § 1.

Chapter 11 Reserve Funds

45-11-1. Establishment and use of funds.

The city council of any city and voters of any town in this state in a financial town meeting, or any other municipal body legally empowered to appropriate funds of a city or town, if they see fit to do so, may vote:

  1. To establish a fund to be designated as a reserve fund, this fund to be available to the city or town as necessary for temporary borrowings in anticipation of taxes, but otherwise available only for capital expenditures;
  2. To transfer, from time to time, to the reserve fund the whole or any portion of the surplus funds as the city or town may have at the end of the current or any succeeding year, to add to the fund by direct appropriation or to augment the fund by either or both methods;
  3. To permit the investment by the city or town treasurer, with the advice and consent of the city or town council, as the case may be, of the fund in savings accounts or certificates of deposit of commercial or savings banks or trust companies, or in obligations of the United States or its agencies, or in any other short term investment, as would be made by prudent persons of discretion and intelligence;
  4. To provide that transfers or appropriations shall not be voted to the fund which cause the fund to exceed five percent (5%) of the total assessed valuation of real estate and tangible personal property in the city or town; and
  5. To provide that no city council and no financial town meeting, either annual or special, shall appropriate any moneys out of the fund unless notice of the proposal to do so, reasonably detailed as to purpose and extent, appears in the call for the meeting.

History of Section. P.L. 1943, ch. 1277, § 1; G.L. 1956, § 45-11-1 ; P.L. 1971, ch. 217, § 1.

Cross References.

Housing authority bonds as legal investments, § 45-27-21 .

Redevelopment agency bonds as legal investments, § 45-33-15 .

Comparative Legislation.

Reserve funds:

Conn. Gen. Stat. §§ 7-359 — 7-368.

Mass. Ann. Laws ch. 40, §§ 5A, 6.

Chapter 12 Indebtedness of Towns and Cities

45-12-1. Payment of indebtedness.

  1. The outstanding notes, bonds, and contracts of cities and towns shall be paid and fulfilled according to their tenor, and all public works now authorized to be prosecuted shall be prosecuted, and all indebtedness now authorized to be incurred on account thereof may be incurred, according to the tenor of the authority therefor. The power and obligation of each city and town to pay its general obligation bonds and notes, whether or not issued pursuant to this chapter, shall be unlimited, and each city and town shall levy ad valorem taxes upon all the taxable property within the city or town for the payment of the general obligation bonds or notes and interest on these bonds or notes, without limitation of rate or amount, except as otherwise provided by or pursuant to law. The faith and credit ad valorem taxes, and general fund revenues of each city, town and district shall be pledged for the payment of the principal of, premium and the interest on, all general obligation bonds and notes of the city or town whether or not the pledge is stated in the bonds or notes, or in the proceedings authorizing their issue and shall constitute a first lien on such ad valorem taxes and general fund revenues. Each city, town and district shall annually appropriate a sum sufficient to pay the principal, premium and interest coming due within the year on all its general obligation bonds and notes to the extent that moneys for the general obligation bonds and notes are not otherwise provided. If that sum is not appropriated, it shall nevertheless be added to the annual tax levy. Annual appropriations for payment of financing leases and obligations securing bonds, notes or certificates (“other financing obligations”), shall also have a first lien on ad valorem taxes and general fund revenues commencing on the date of each annual appropriation. Amounts appropriated or added to the tax levy to pay principal of, premium and interest on, general obligation bonds or notes and payments of other financing obligations shall be applied to the payment of such obligations. Any municipal or district employee or official who intentionally violates the provisions of this section shall be personally liable to the city, town or district for any amounts not expended in accordance with such appropriations. The superior court shall have jurisdiction to adjudicate claims brought by any city, town or district hereunder and to order such relief as the court may find appropriate to prevent further violations of this section. Any municipal or district employee or official who violates the provisions of this section shall be subject to removal.
  2. Notwithstanding any provision of any other law, including the uniform commercial code, title 6A of the Rhode Island general laws:
    1. The pledge of ad valorem taxes and general fund revenues to the payment of the principal, premium and interest on general obligation bonds and notes and payment of other financing obligations, whether or not issued pursuant to this chapter, is valid and binding, and deemed continuously perfected from the time the bonds or notes or other financing obligations are issued;
    2. No filing need be made under the uniform commercial code or otherwise to perfect the first lien on ad valorem taxes or general fund revenues;
    3. The pledge of ad valorem taxes and general fund revenues is subject to the lien of the pledge without delivery or segregation, and the first lien on ad valorem taxes and general fund revenues is valid and binding against all parties having claims of contract or tort or otherwise against the city or town, whether or not the parties have notice thereof.
    4. The pledge shall be a statutory lien effective by operation of law and shall apply to all general obligation bonds and notes and other financing obligations of cities, towns and districts heretofore or hereafter issued and shall not require a security agreement to be effective. Such pledge shall not constitute a security agreement under Rhode Island law.
  3. The pledge of ad valorem taxes and general fund revenues to the payment of principal, premium and interest on general obligation bonds and notes, under this section constitutes a sufficient appropriation for the purposes of any provision for appropriation, and the ad valorem taxes and general fund revenues may be applied as required by the pledge without further appropriation; provided, however, that this subsection (c) shall not apply to other financing obligations which are subject to annual appropriation.
  4. As used in this section, the following words shall have the following meanings:
    1. “Ad valorem taxes” shall mean all ad valorem taxes levied by cities, towns and districts on property, including motor vehicle excise taxes, except for “project revenues” as defined in § 45-33.2-3 .
    2. “Pledge” shall mean a first lien on, and a grant of a security interest in, ad valorem taxes and general fund revenues.
    3. “General fund revenues” shall mean all taxes, fees, assessments, charges, receipts and other monies (including unrestricted fund balance) derived from any source, to the extent that such monies are deposited or required to be deposited to the general fund of the city, town, or district, and all accounts and rights to receive the ad valorem taxes and general fund revenues and the proceeds thereof.
  5. If any provision of this section or the application thereof shall for any reason be judged invalid, that judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.

History of Section. G.L. 1896, ch. 36, § 20; G.L. 1909, ch. 46, § 20; G.L. 1923, ch. 47, § 21; G.L. 1938, ch. 329, § 24; G.L. 1956, § 45-12-1 ; P.L. 1982, ch. 153, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1; P.L. 2011, ch. 269, § 1; P.L. 2011, ch. 277, § 1.

Compiler’s Notes.

P.L. 2011, ch. 269, § 1, and P.L. 2011, ch. 277, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2011, ch. 269, § 2, provides that the amendment to this section by that act takes effect upon passage [July 12, 2011] and shall apply to general obligation bonds and notes and other financing obligations (as herein defined) issued by cities, towns and districts including those issued prior to the date of enactment.

P.L. 2011, ch. 277, § 2, provides that the amendment to this section by that act takes effect upon passage [July 12, 2011] and shall apply to general obligation bonds and notes and other financing obligations (as herein defined) issued by cities, towns and districts including those issued prior to the date of enactment.

Cross References.

Housing authority bonds not obligation of town or city, § 45-27-2 .

Comparative Legislation.

Municipal indebtedness and obligations:

Conn. Gen. Stat. §§ 7-369 — 7-380a.

Mass. Ann. Laws ch. 44, § 2 et seq.

45-12-2. Maximum aggregate indebtedness.

Except as provided in § 45-12-11 , no city or town shall, without special statutory authority, or ministerial approval as provided for in § 45-12-2.1 incur any debt for money borrowed which would increase its aggregate outstanding principal indebtedness not excepted by law from the provisions of this section to an amount greater than three percent (3%) of the full assessed value of the taxable property within the city or town, but the amount of any borrowing in anticipation of taxes which is authorized or validated by § 45-12-4 , and the amount of any fund held on account to pay such outstanding indebtedness shall be deducted in computing that indebtedness. In computing the value of taxable property for purposes of this section motor vehicles and trailers shall be valued at full value and without regard to the assessed value reductions provided for in § 44-34.1-1 . Any city or town may, without special statutory authority, incur debt to an aggregate amount, as with the other outstanding indebtedness of the city or town not deductible under the foregoing provisions, which shall not exceed the limitation contained in this section.

History of Section. G.L. 1896, ch. 36, § 21; G.L. 1909, ch. 46, § 21; G.L. 1923, ch. 47, § 22; P.L. 1930, ch. 1617, § 1; P.L. 1932, ch. 1944, § 1; G.L. 1938, ch. 329, § 25; P.L. 1945, ch. 1663, § 1; G.L. 1956, § 45-12-2 ; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

Cross References.

Control of borrowing power reserved to general assembly, R.I. Const., Art. XIII, § 5 .

Shore development bonds, exemption, § 46-3-11 .

NOTES TO DECISIONS

Claims Against Town.

Plaintiff could not recover against town for materials furnished for repair of highway where town had reached its debt limit. McAleer v. Angell, 19 R.I. 688 , 36 A. 588, 1897 R.I. LEXIS 3 (1897).

Computation of Debt.

Town was entitled to deduct bonded indebtedness, sewer expense, and note for current expenses in determining whether legal debt limit had been exceeded. Regan v. Sherman, 20 R.I. 388 , 39 A. 568, 1898 R.I. LEXIS 67 (1898).

Legislative Authority.

This act was not violated by purchase of waterworks by town where the legislature authorized the spending of a specified sum for the purchase. Peabody v. Westerly Waterworks, 20 R.I. 176 , 37 A. 807, 1897 R.I. LEXIS 73 (1897).

Collateral References.

Appropriation to meet obligation at time of its creation as affecting its character as an indebtedness within debt limitation. 92 A.L.R. 1299; 134 A.L.R. 1399.

Bond issue in excess of amount permitted by law, validity of, within authorized debt, tax, or voted limit. 175 A.L.R. 823.

Combination or merger of two or more municipalities, limitation of municipal indebtedness as affected by. 103 A.L.R. 154.

Estoppel by recitals in bonds to set up violation of provision limiting indebtedness. 86 A.L.R. 1068; 158 A.L.R. 938.

Existing sinking fund as a factor in determining whether indebtedness or proposed indebtedness of municipality exceeds limit. 125 A.L.R. 1393.

Extras, allowance to contractor for, in accordance with provisions of contract made before debt limit was reached, as creation of indebtedness. 96 A.L.R. 397.

Funding or refunding obligations as subject to conditions respecting limitation of indebtedness. 97 A.L.R. 442.

Inclusion of tax-exempt property in determining value of taxable property for debt limit purposes. 30 A.L.R.2d 903.

Instalments payable under continuing service contract as present indebtedness within limitation of municipal indebtedness. 103 A.L.R. 1160.

Interest on indebtedness as part of debt within debt limitation. 100 A.L.R. 610.

Lease of property with option to purchase as evasion of debt limitation. 71 A.L.R. 1318; 145 A.L.R. 1362.

Limitation of amount of indebtedness as affected by existence of separate political units within identical or overlapping boundaries. 94 A.L.R. 818.

Limitation of indebtedness as affecting validity of municipality bond issue for purpose of paying employees. 96 A.L.R. 1204.

Limitation of indebtedness, obligation payable from special fund created by imposition of fees, penalties or excise taxes as a “debt” within meaning of. 100 A.L.R. 900.

Municipal debt limit as affected by obligations due municipality. 105 A.L.R. 687.

Obligation for local improvements as within municipal debt limit. 33 A.L.R. 1415.

Pledge or appropriation of revenue from utility or other property in payment therefor, as indebtedness. 72 A.L.R. 687; 96 A.L.R. 1385; 146 A.L.R. 328.

Presumptions and burden of proof as to violation of or compliance with public debt limitation. 16 A.L.R.2d 515.

Rent, aggregate of, for entire period of lease of property to municipality as present indebtedness for purpose of limitation of amount of municipal debts. 112 A.L.R. 278.

Undelivered bonds or other obligations authorized but not delivered prior to adoption or effective date of debt limit provision as affected by such provision. 109 A.L.R. 961.

45-12-2.1. Ministerial approval.

Effective January 1, 2008, a city or town shall have authority to incur debt for money borrowed, through the issuance of bonds, if such application for approval of bonds is approved by the auditor general as described below, as meeting all of the following standards:

  1. The city or town has a long-term unenhanced credit rating from one nationally recognized credit rating agency in at least the “A” rating category without regard to gradations within such category;
  2. The city or town has represented in the application that the proposed bonds will finance a capital asset or assets and the average useful life of the capital asset or assets to be financed will be greater than or equal to the average maturity of the proposed borrowing as determined by an appropriate official of the city or town at the time of the issuance of bonds therefore under this section or notes therefore under § 45-12-18 ;
  3. The city or town is in compliance with financial reporting requirements as set forth in § 45-10-5 and is not subject to enforcement proceedings or remedies as provided for in § 45-12-22.7 ; and
  4. The authorization for the issuance of such bonds has been approved by local referendum at a general or special election or financial town meeting.
  5. Notwithstanding any provision of the general or public laws, or rule or regulation to the contrary, the projects or activities set forth in this act receiving ministerial approval shall not qualify for school housing aid as set forth in Chapter 16-7 of the general laws. The auditor general shall establish standards and rules for the submission of applications for approval of bonds by cities and towns in accordance with this section. Upon the submission of a complete application from a city or town, the auditor general shall within thirty (30) days determine whether the standards set forth in this section have been met. If the standards have been met, then the auditor general shall give approval to the application and the city or town shall have the power under law to issue bonds, provided it is otherwise lawful; if the auditor general finds that the borrowing does not meet said standards, the city or town shall be notified that the certification standards have not been met, which notification shall state the standards that were and were not met, and if otherwise required, the city or town shall seek special statutory authority as provided in § 45-12-2 . No ministerial approval pursuant to this section shall be given by the auditor general for tax year synchronization bonds, pension obligation bonds or bonds to fund other post employment benefits. The auditor general shall submit a copy of each approval and each notification that approval has been denied within five (5) business days after issuance to the director of administration and the chairpersons of the house committees on corporations and finance and the chairpersons of the senate committees on housing and municipal government and finance.

History of Section. P.L. 2007, ch. 252, § 2; P.L. 2007, ch. 292, § 2.

45-12-3. Statements to accompany bills to general assembly to authorize indebtedness.

Whenever any bill is presented to either house of the general assembly to authorize any city or town to issue bonds or other indebtedness, every such bill shall be accompanied by a resolution or ordinance of the city or town council to the general assembly stating the purpose for which the proceeds from the sale of the bonds or other indebtedness are to be used.

History of Section. G.L. 1938, ch. 329, § 37; 1940, ch. 955, § 1; G.L. 1956, § 45-12-3 ; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-4. Borrowing in anticipation of taxes.

Any city or town by resolution of its city or town council may borrow money in each financial year in anticipation of the receipt of the proceeds of the annual tax due or to become due in that financial year upon the taxable property within the city or town, an amount which, together with any money borrowed in anticipation of taxes in any prior year which may remain unpaid, shall not exceed in the aggregate the total tax levy of the then current financial year, or which if no tax levy was made, shall not exceed the tax levy of the next preceding financial year, the money borrowed to be used and expended for the payment of the current liabilities and expenses of the city or town, and may issue its negotiable notes therefor. Notes issued under authority of this section shall bear upon their face the notation “issued in anticipation of taxes assessed as of December 31, ” and shall be made payable not later than one year from their date, but may be refunded or paid by the issue of new notes bearing the notation and payable not later than one year from the date of the original notes so refunded or paid. The failure of a city or town to comply with any time requirement or deadline imposed by general law, special law or charter in relation to the levy or assessment of taxes shall not affect the validity of notes issued pursuant to this section. Every city and town borrowing money under the provisions of this section shall assess and levy a tax in each financial year sufficient to provide funds for the payment of all outstanding notes previously issued in anticipation of taxes of the preceding financial year.

History of Section. G.L. 1923, ch. 47, § 29; P.L. 1930, ch. 1617, § 3; P.L. 1932, ch. 1861, § 1; P.L. 1932, ch. 1944, § 3; G.L. 1938, ch. 329, § 26; P.L. 1951, ch. 2771, § 1; G.L. 1956, § 45-12-4 ; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

NOTES TO DECISIONS

In General.

The authority of Pawtucket to borrow money on tax anticipation notes is not charter given but rests on general statutory authority. Powers v. Pawtucket, 79 R.I. 229 , 87 A.2d 107, 1952 R.I. LEXIS 36 (1952).

Interest.

Section 45-12-16 , limiting interest rates payable, has no application to this law. Opinion to Governor, 106 R.I. 148 , 256 A.2d 194, 1969 R.I. LEXIS 604 (1969).

Powers of Council and Treasurer.

The power of a city to borrow money on tax anticipation notes is vested directly in the city council and the power to consummate such loans by issuance of notes is in the treasurer, so that a mayor or chairman of a joint standing committee on finance has no power of review or to veto actions of the council and treasurer. Powers v. Pawtucket, 79 R.I. 229 , 87 A.2d 107, 1952 R.I. LEXIS 36 (1952).

Collateral References.

Power of governmental unit to issue bonds as implying power to refund them. 1 A.L.R.2d 134.

Power of municipality to issue refunding bonds to retire obligation in respect of which the creation and maintenance of a sinking fund by taxation is required. 157 A.L.R. 794.

45-12-4.1. Borrowing where collection of taxes delayed or taxes refunded.

  1. Notwithstanding any provision of § 45-12-4 to the contrary, a city or town by resolution of its city council or town council, may authorize the issue of notes of the city or town in order to pay any outstanding tax anticipation notes or other obligations of the city or town which, in the judgment of the treasurer or finance director, cannot be paid when due from property tax revenues as a result of a court order or decision which directly or indirectly delays the collection of taxes by the city or town, or which provides for the refunding of taxes previously collected, or for any other reason. Notes issued under this section are payable within a period of time, not exceeding one year, that is necessary, in the judgment of the treasurer or finance director, for the city or town to receive sufficient property tax revenue to pay them.
  2. Notes issued under this section may be refunded or paid by the issue of other similar notes. Notes issued under this section shall be excepted from the operation of § 45-12-4 and shall not be taken into account for the purpose of determining the borrowing capacity of the city or town under that section.

History of Section. P.L. 1974, ch. 222, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-4.2. Borrowing in anticipation of federal or state grants.

A city or town may contract for and accept grants of federal or state aid for any purpose for which it is authorized to appropriate money. A city or town, by resolution of its city council or town council, may authorize the issue of notes in anticipation of the receipt of federal or state aid; provided, that the aid has been previously approved by the appropriate federal or state agency. The proceeds of the notes may be used only for the purpose for which the aid is granted. The amount of original notes issued under the provisions of this section may not exceed the amount of available federal or state aid as estimated by the director of finance or treasurer and are payable within three (3) years from their dates, but the principal of and interest on notes issued for a shorter period may be refunded or paid from time to time by the issue of other notes under the provisions of this section; provided, that the period from the date of an original note to the maturity of any note issued to refund or pay the same debt or the interest on that debt does not exceed three (3) years. To the extent that the state or federal aid actually received is insufficient to pay the principal and interest on those notes, the city or town shall appropriate a sum sufficient to make the payments.

History of Section. P.L. 1977, ch. 222, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-4.3. Borrowing in anticipation of water and sewer tax and user charge revenue.

Any city or town, by resolution of its city or town council, may authorize the issuance of notes in any fiscal year in anticipation of the receipt of water and sewer tax and user charge revenues, in a principal amount which, together with any money borrowed in anticipation of these revenues in any prior fiscal year that remains unpaid, shall not exceed in the aggregate eighty percent (80%) of the total amount of those revenues due or expected to be received during the fiscal year, as estimated by the director of finance or treasurer. Notes issued under this section are payable within one year from their dates and may be refunded; provided, that the period from the date of an original note to the maturity of any note issued to refund the same debt does exceed one year.

History of Section. P.L. 1985, ch. 467, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-4.4. Borrowing in payment of certain judgments.

  1. A city or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to pay the uninsured portion of any court judgment or settlement, except any court judgment or settlement arising out of any pension obligation of a city or town; provided, however, that the outstanding principal amount, in aggregate, shall not exceed five percent (5%) of the total amount of the city or town’s most recently adopted municipal budget. Notwithstanding the aforementioned, the towns of Coventry and Middletown are authorized to issue bonds, notes, or other evidences of indebtedness to pay the uninsured portion of any court judgment or settlement, except any court judgment or settlement arising out of any pension obligation of a city or town; provided, however, that the outstanding principal amount, in aggregate, shall not exceed ten percent (10%) of the total amount of the applicable municipality’s most recently adopted municipal budget.
  2. These bonds, notes, or other evidences of indebtedness are subject to the maximum aggregate indebtedness permitted to be issued by any city or town under § 45-12-2 .
  3. The bonds, notes, or other evidences of indebtedness may be issued to pay a judgment or settlement or may be issued to pay or refund notes issued under § 45-12-4.1 .
  4. The denominations, maturities, interest rates, methods of sale, and other terms, conditions, and details of any bonds or notes issued under the provisions of this section may be fixed by the vote or resolution of the city or town council authorizing them, or if no provision is made in the vote or resolution, by the treasurer or other officer authorized to issue the bonds or notes or to hire the money; provided, that the payment of principal of bonds shall be by sufficient annual payments that will extinguish the debt at maturity, the first of these annual payments to be made not later than one year, and the last payment not later than fifteen (15) years after the date of the bonds.
  5. The bonds, notes, or other evidences of indebtedness may be issued under this section by any political subdivision without obtaining the approval of its electors, notwithstanding the provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the contrary, unless the electors when assembled in a meeting are the local legislative body for the purpose of authorizing indebtedness of the political subdivision.

History of Section. P.L. 1988, ch. 447, § 1; P.L. 1994, ch. 398, § 1; P.L. 1999, ch. 505, § 1; P.L. 2000, ch. 55, art. 19, § 8; P.L. 2012, ch. 119, § 1; P.L. 2012, ch. 127, § 1; P.L. 2013, ch. 2, § 1; P.L. 2013, ch. 10, § 1.

Compiler’s Notes.

P.L. 2012, ch. 119, § 1, and P.L. 2012, ch. 127, § 1 enacted identical amendments to this section.

P.L. 2013, ch. 2, § 1, and P.L. 2013, ch. 10, § 1 enacted identical amendments to this section.

45-12-4.5. Relationship to charters.

Any city or town is authorized to issue debt by resolution under and in accordance with the procedures of §§ 45-12-4 , 45-12-4 .1, 45-12-4.2 , 45-12-4.3 , 45-12-4.4 and 45-12-5.2 notwithstanding any provision of its charter to the contrary.

History of Section. P.L. 2007, ch. 252, § 2; P.L. 2007, ch. 292, § 2.

45-12-5. Sale of evidences of indebtedness — Annual payments — Terms.

  1. A city or town which has authorized the borrowing of money under the provisions of this chapter may sell the bonds, notes, or other evidence of the indebtedness authorized at public or private sale, or may use these in payment of its debts. The bonds of each issue may be issued in the form of serial bonds or term bonds or a combination thereof and shall be payable either by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds, in annual installments of principal, the first installment to be not later than five (5) years and the last installment not later than thirty (30) years, after the dated date of the bonds. All such bonds of a particular issue may be issued in the form of zero coupon bonds, capital appreciation bonds, serial bonds or term bonds or a combination thereof. Annual installments of principal may be provided for by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds. The amount of principal appreciation each year on any bonds, after the date of original issuance, shall not be considered to be principal indebtedness for the purposes of any constitutional or statutory debt limit or any other limitation. The appreciation of principal after the date of original issue shall be considered interest. Only the original principal amount shall be counted in determining the principal amount so issued and any interest component shall be disregarded.
  2. The manner of sale, denominations, maturities, interest rates and the uses of the proceeds thereof (including, but not limited to, the costs of issuance and capitalized interest) and other terms, conditions, and details of any bonds, notes or other evidence of indebtedness issued under this section may be fixed by the ordinance or resolution of the city or town council authorizing the issue or by separate resolution of the city or town council or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the bonds, notes or other evidence of indebtedness. The officers authorized to sign the bonds, notes or other evidence of indebtedness on behalf of the city or town are authorized to execute such instruments, documents or other papers as they deem necessary or desirable to effectuate the issuance of the bonds, notes or other evidence of indebtedness and are also authorized to take all actions and execute all documents or agreements necessary to comply with federal tax and securities laws, including rule 15c2-12 of the Securities and Exchange Commission or any similar rule or regulation now or hereafter adopted by the Securities and Exchange Commission, which documents or agreements may have a term coextensive with the maturity of the bonds, notes or other evidence of indebtedness authorized hereby and to execute and deliver a continuing disclosure agreement or certificate in connection with the bonds, notes or other evidence of indebtedness.
  3. Pending any authorization or issue of bonds hereunder or pending or in lieu of any authorization or issue of notes hereunder, the city or town council, to the extent that bonds or notes may be issued hereunder, may, by resolution apply funds in the treasury of the city or town to the purposes for which bonds or notes will be issued, such advances to be repaid without interest from the proceeds of bonds or notes subsequently issued or from the proceeds of applicable federal or state assistance or from other available funds.
  4. Any accrued interest received upon the sale of bonds or notes hereunder shall be applied to the payment of the first interest due thereon. Any premium arising from the sale of bonds or notes hereunder shall, in the discretion of the finance director or treasurer, be applied to the cost of preparing, issuing and marketing bonds or notes hereunder to the extent not otherwise provided, to the payment of project costs, to the payment of the principal of or interest on bonds or notes issued hereunder or to any one or more of the foregoing. The cost of preparing, issuing and marketing bonds or notes hereunder may also, in the discretion of the finance director or treasurer, be met from bond or note proceeds exclusive of premium and accrued interest or from other moneys available therefor. Any balance of bond or note proceeds remaining after payment of the cost of the project and the cost of preparing, issuing and marketing bonds or notes hereunder shall be applied to the payment of the principal of or interest on bonds or notes issued hereunder. To the extent permitted by applicable federal laws, any earnings or net profit realized from the deposit or investment of funds may, upon receipt, be added to and dealt with as part of the revenues of the city or town from property taxes. In exercising any discretion under this section, the finance director or treasurer shall be governed by any instructions adopted by resolution of the city or town council.

History of Section. G.L. 1923, ch. 47, § 30; P.L. 1930, ch. 1617, § 3; G.L. 1938, ch. 329, § 27; G.L. 1956, § 45-12-5 ; P.L. 1977, ch. 222, § 2; P.L. 1982, ch. 153, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

Cross References.

Exemption from securities registration, § 7-11-401 .

Financial institutions, authorized investments, §§ 19-3-5 , 19-3-6 , 19-3-7 .

Guardianship funds, investment, § 33-15-35 .

Redevelopment project bonds, § 45-33-2 .

Redevelopment projects, borrowing for, § 45-33-4 .

Shore development bonds, § 46-3-11 .

Collateral References.

Bid for municipal bond issue, rights and obligations arising out of. 139 A.L.R. 1047.

Power and discretion of officer or board authorized to issue bonds of governmental unit as regards terms or conditions to be included therein. 119 A.L.R. 190.

Sale of municipal or other public bonds at less than par or face value. 91 A.L.R. 7; 162 A.L.R. 396.

Unlawfully issued bond, liability of municipality for money received for. 7 A.L.R. 353.

45-12-5.1. Callable bonds.

  1. Bonds issued by any cities, towns or other political subdivisions of this state may be issued subject to call and prepayment prior to their stated maturities at the option of the issuer. All, or less than all, of the bonds comprising an issue may be subject to call simultaneously or from time to time.
  2. Every bond issued subject to prepayment shall indicate:
    1. That the bond is subject to call and prepayment;
    2. The time or times at which the bond may be prepaid;
    3. The schedule of premiums, if any, which are payable; and
    4. The time and type of notice which must be given by the issuer before the bond can be prepaid.
  3. The coupons, if any, attached to the bonds shall, as appropriate, indicate that they may become void as a result of the bond being called for prepayment. Unless otherwise provided in the proceedings authorizing the issue of bonds, the officers of the city, town or other political subdivision authorized to sell the bonds shall determine whether the bonds shall be issued subject to call and prepayment, and if issued, the officers shall decide the details of these bonds. No bond shall be called for prepayment, unless the issuer has deposited with the paying agent or agents for the bond for prepayment a sufficient amount of cash, or securities issued by the United States of America, the state of Rhode Island, or its political subdivisions, with maturities and interest rates adequate to provide a sufficient amount of cash, to pay the bond in full on the date on which it is prepayable. The notice may state: (1) that it is conditioned on the deposit of moneys, in an amount necessary to effect the redemption with the paying agent or agents no later than the redemption date; and/or (2) that the city, town or political subdivision retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such monies are not so deposited or if the notice is rescinded. Bonds may be prepaid with the proceeds of refunding bonds as provided in the following section, or with other funds available for that purpose; and cities, towns and other political subdivisions may raise money by taxation for the purpose of prepaying bonds. For the purposes of this section “bond” shall include note. The powers conferred by this section may be used with regard to bonds authorized for any purpose by any general, special, or other law, including § 45-12-5.2 .

History of Section. P.L. 1977, ch. 37, § 1; P.L. 1986, ch. 110, § 2; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-5.2. Issuance of refunding bonds to pay outstanding bonds.

  1. Any city, town or political subdivision of this state may issue refunding bonds in order to pay all or any designated part of an issue of outstanding bonds, including principal, redemption premium, if any, interest on the outstanding bonds coming due on or prior to the date on which those bonds are to be redeemed, and the costs of issuing the refunding bonds.
  2. No bonds shall be issued under this section, however, more than six (6) months prior to the date on which the outstanding bonds are to be redeemed, unless the proceedings authorizing the refunding bonds include or incorporate specific findings to the effect that the refunding will result in a financial benefit to the political subdivision.
  3. Refunding bonds shall be authorized by ordinance or resolution of the town council or city council. The proceedings authorizing the issue of refunding bonds shall contain a general description of the bonds which are to be refunded.
  4. Notwithstanding any provision of any municipal charter to the contrary, refunding bonds may be sold at public or private sale, and may provide for annual or more frequent equal, diminishing, or increasing installments of principal and deferral of the first installment of principal. In all other respects, refunding bonds shall be payable not later than the last date that could have been the final maturity date of the bonds being refunded.
  5. The proceeds of refunding bonds, exclusive of costs of issuance any premium and accrued interest shall, upon their receipt, be paid immediately to the paying agent for the bonds which are to be refunded, and that paying agent shall hold those proceeds in trust until they are applied to refund bonds. While the proceeds are held in trust they may be invested for the benefit of the issuer in obligations of the United States of America, the state of Rhode Island, or its political subdivisions.
  6. Between the authorization of refunding bonds and the use of their proceeds to refund bonds, the refunding bonds shall not be deemed debts of the issuer in determining its borrowing capacity for any purpose. Upon the use of the proceeds of refunding bonds, the refunding bonds shall be treated as debt of the issuer for the purposes and to the same extent as the refunded bonds were so treated.
  7. As used in this section, “bonds” includes notes, including notes in anticipation of bonds.
  8. The powers conferred by this section and the preceding section are in addition to and not in substitution for, or diminution of, any other powers conferred, cities, towns and other on political subdivisions of this state.
  9. Refunding bonds may be issued under this section by any city, town or other political subdivision without obtaining the approval of its electors, notwithstanding the provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the contrary. Notwithstanding any provisions to the contrary of any special law authorizing the issuance of bonds by a city, town or other political subdivision, any notes in anticipation of bonds issued or to be issued under that law may be refunded prior to the maturity of the notes by the issuance, in accordance with this section, of additional notes; provided, that no refunding results in an aggregate amount of notes outstanding under a special law at any one time in excess of two hundred percent (200%) of the amount of bonds authorized but not yet issued under the special law. The officers authorized to issue the original notes being refunded are authorized, without any additional proceedings by the local legislative body, to issue the refunding notes in accordance with this section.

History of Section. P.L. 1977, ch. 37, § 1; P.L. 1982, ch. 153, § 1; P.L. 1985, ch. 31, § 1; P.L. 1986, ch. 408, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-5.3. Debt maturity for United States Department of Agriculture/Rural Development bonds.

Notwithstanding any contrary provisions of this chapter, or any other general or special law or provision of any municipal charter, bonds issued by a city or town which are purchased by the United States of America, acting through the United States Department of Agriculture/Rural Development, or any successor agency or department, shall be payable either by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds, in annual installments of principal, the first installment not later than five (5) years and the last installment not later than forty (40) years after the date of the bonds.

History of Section. P.L. 1993, ch. 453, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-5.4. Cities or towns with a population greater than 125,000 inhabitants — Variable rate obligations and interest exchange agreements.

  1. In connection with the issuance of duly authorized bonds, notes or other obligations of a city or town with a population greater than one hundred twenty-five thousand (125,000) inhabitants, notwithstanding any other authority to the contrary, such bonds, notes or other obligations may be issued in the form of variable rate obligations, so-called. In connection therewith, any such city or town, acting through its finance director or treasurer, may enter into agreements with banks, trust companies or other financial institutions within or without the state, whether in the form of letters or lines of credit, liquidity facilities, insurance or other support arrangements. Any bonds, notes or other obligations issued as variable rate obligations shall bear such terms as may be fixed by the vote or resolution of the city or town authorizing the bonds, notes or other obligations, or in absence of foregoing such terms as the finance director or treasurer shall determine, including provisions for prepayment at any time with or without premium at the option of the city or town, may be sold at a premium or discount, and may bear interest or not and if interest bearing, may bear interest at such rate or rates variable from time to time as determined by such index, banking loan rate or other method specified in any such agreement. Any such agreement may also include such other covenants and provisions for protecting the rights, security and remedy of the lenders as may, in the discretion of the finance director or treasurer, be reasonable and proper and not in violation of law. The finance director or treasurer of the city or town may also enter into agreements with brokers for the placement or marketing of any such bonds, notes or other obligations issued as variable rate obligations.
  2. In addition, the finance director or treasurer of a city or town with a population greater than one hundred twenty-five thousand (125,000) inhabitants, with the approval of the city or town council, may from time to time, enter into and amend interest rate exchange agreements, including, but not limited to, interest rate “caps,” “floors,” “collars,” or “swaps” that the finance director or treasurer determines to be necessary or desirable for the purpose of generating savings, managing an interest rate, or similar risk that arises in connection with, or subsequent to or is incidental to the issuance, carrying or securing of variable rate obligations, fixed rate bonds or fixed rate obligations. Such interest rate exchange agreements shall contain such provisions, including payment, term, security, default and remedy provisions, and shall be with such parties, as the finance director or treasurer shall determine to be necessary or desirable after due consideration to the creditworthiness of those parties. Any municipal public buildings authority established pursuant to title 45, chapter 50 of the general laws and any redevelopment agency operating pursuant to title 45, chapter 31 of the general laws, which public buildings authority or redevelopment agency has been established by a city or town with a population greater than one hundred twenty-five thousand (125,000) inhabitants, shall also have the authority to enter into interest rate exchange agreements as set forth in this paragraph.

History of Section. P.L. 2004, ch. 263, § 1.

45-12-5.5. Repealed.

Repealed Sections.

This section (P.L. 2004, ch. 490, § 1), relating to political subdivisions with a population greater than 125,000, was repealed by P.L. 2007, ch. 252, § 4, effective July 3, 2007, and by P.L. 2007, ch. 292, § 4, effective July 6, 2007.

45-12-6. Statutory bond authorizations construed as additional authority.

All acts enacted authorizing cities or towns to issue bonds shall be construed as granting authority in addition to, and not in substitution for, authority previously granted.

History of Section. P.L. 1932, ch. 1880, § 1; G.L. 1938, ch. 329, § 19; G.L. 1956, § 45-12-6 .

45-12-7. Sinking fund provisions construed as additions to general sinking fund.

Whenever in any general law, public law, act, or resolution of the general assembly, authority has been given to a city or town for the issuance of bonds, and provision has been made for the establishment of a sinking fund to extinguish the debt at its maturity, that provision shall be construed to mean an addition to the general sinking fund of the city or town for the redemption of the bonds of the respective city or town at their maturities as provided in this chapter.

History of Section. P.L. 1935, ch. 2211, § 1; G.L. 1938, ch. 329, § 20; G.L. 1956, § 45-12-7 .

Collateral References.

Existing sinking fund as a factor in determining whether indebtedness or proposed indebtedness of municipality exceeds limit. 125 A.L.R. 1393.

45-12-8. Establishment of general sinking fund — Computation of payments to sinking fund.

In lieu of establishing a separate sinking fund for each bond issue, a city or town may, by vote of the town council or city council, provide for the establishment of a general sinking fund, and thereafter the town treasurer or city treasurer shall annually, on the anniversary of the day of each issue of all outstanding sinking fund bonds of the respective city or town, pay to the sinking fund commission or deposit to the sinking fund for the redemption of those bonds, an amount sufficient to meet the sinking fund requirements of those bonds computed upon the basis that the moneys and investments of the general sinking fund earn an anticipated income of not exceeding four percent (4%) per annum compounded semiannually.

History of Section. P.L. 1935, ch. 2211, § 2; G.L. 1938, ch. 329, § 21; G.L. 1956, § 45-12-8 .

Cross References.

Housing authority bonds as legal investments, § 45-27-21 .

Redevelopment agency bonds as legal investments, § 45-33-15 .

Collateral References.

Power of municipality to issue refunding bonds to retire obligation in respect of which the creation and maintenance of a sinking fund by taxation is required. 157 A.L.R. 794.

45-12-9. Retirement of bonds in sinking fund.

Whenever a city or town has purchased any of its own outstanding bonds for investment in its sinking fund, the city or town may at the option of the sinking fund commission, if any, or by vote of the town council or city council, retire and permanently cancel the bonds, and upon that retirement all interest payments on the cancelled bonds shall cease.

History of Section. P.L. 1935, ch. 2211, § 3; G.L. 1938, ch. 329, § 22; G.L. 1956, § 45-12-9 .

45-12-10. Repealed.

Repealed Sections.

This section (P.L. 1934, ch. 2103, § 1; G.L. 1938, ch. 329, § 23; G.L. 1956, § 45-12-10 ), relating to substitution of legal coin or currency for payment in gold, was repealed by P.L. 2007, ch. 252, § 4, effective July 3, 2007, and by P.L. 2007, ch. 292, § 4, effective July 6, 2007.

45-12-11. Authority for issuance of indebtedness excess.

The state director of revenue may, upon petition by the city or town council, authorize the city or town to incur indebtedness in excess of the limit of three percent (3%) of the full assessed value of the taxable property within the city or town imposed by § 45-12-2 whenever the director determines that the sum appropriated by any city or town or the funds available are insufficient to pay the necessary expenses of the city or town. For this purpose the state director of revenue may require any information concerning the financial condition of the city or town that the director may deem necessary for the proper exercise of that authority.

History of Section. G.L. 1896, ch. 26, § 22; P.L. 1902, ch. 953, § 1; G.L. 1909, ch. 46, § 22; P.L. 1920, ch. 1846, § 1; G.L. 1923, ch. 47, § 23; P.L. 1932, ch. 1944, § 2; P.L. 1933, ch. 2028, § 23; G.L. 1938, ch. 329, § 28; P.L. 1949, ch. 2331, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 45-12-11 ; P.L. 1958, ch. 104, § 1; P.L. 1973, ch. 240, § 2; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1; P.L. 2008, ch. 98, § 58; P.L. 2008, ch. 145, § 58.

Cross References.

Levy and assessment of local taxes, § 44-5-1 et seq.

Shore development bonds, exemption, § 46-3-11 .

NOTES TO DECISIONS

In General.

A tax in excess of statutory limit is illegal only as to the excess. Mowry v. Mowry, 20 R.I. 74 , 37 A. 306, 1897 R.I. LEXIS 31 (1897); Warwick & Coventry Water Co. v. Carr, 24 R.I. 226 , 52 A. 1030, 1902 R.I. LEXIS 56 (1902).

45-12-12. City and town boards to authorize duplicate bonds.

The mayors, city clerks, and city treasurers of every city, and the presidents of the town councils, the town clerks, and the town treasurers of every town, are hereby severally constituted boards, each referred to in §§ 45-12-13 and 45-12-14 as “the board,” to carry out the provisions of those sections.

History of Section. G.L. 1938, ch. 329, § 37; P.L. 1939, ch. 668, § 2; G.L. 1956, § 45-12-12 .

Collateral References.

Duplicates of mutilated, lost, or destroyed bonds, statute in relation to issuance of. 39 A.L.R. 1246; 63 A.L.R. 388.

45-12-13. Repair or replacement of damaged bond or note.

Whenever the board is satisfied that any instrument or printed or written paper presented to it is in fact a valid bond or note of the city or town, but it is so damaged that its condition is as to hinder and prevent the owner or holder of a bond or note from making good delivery of the bond or note, the board may upon payment to it by the owner or holder of the bond or note, of a sum that it deems necessary to cover the actual expense involved, cause the damage to be repaired or remedied by requiring the proper officers of the city or town, to sign the bond or note in place of their damaged or destroyed signatures or those of their predecessors in office, to issue a duplicate bond or note, or to do whatever else the board may require of them to repair or remedy the damage. But no duplicate bond or note shall be issued except upon the surrender of the original, which shall be cancelled immediately, and the repaired or duplicate bond or note shall be treated in all respects as a valid obligation of the city or town, as the case may be. On every repaired or duplicate bond or note the city treasurer or town treasurer shall certify on the back that the bond or note has been repaired or issued under the provisions of this section and the certification shall be conclusive proof that the bond or note has been repaired or issued in accordance with the requirements of the board and that it is a valid obligation of the city or town, as the case may be, in accordance with its terms.

History of Section. G.L. 1938, ch. 329, § 37; P.L. 1939, ch. 668, § 2; G.L. 1956, § 45-12-13 .

45-12-14. Replacement of lost or destroyed bond or note — Bond to indemnify city or town.

Whenever the board is satisfied that any bond or note of the city or town has been lost or destroyed, the board may upon payment to it by the owner or holder of the bond or note, of a sum that it deems necessary to cover the actual expense involved and under such regulations and with such restrictions that it may prescribe, order the city treasurer or town treasurer and/or other officers of the city or town that the board may designate to issue a duplicate of the bond or note, payable at the same time, bearing the same rate of interest as the lost or destroyed bond or note, and marked as to show the number, if known, and date of the original bond or note. But no duplicate shall be issued until the owner of the lost or destroyed bond or note gives to the city treasurer or town treasurer a bond in double the amount of the lost or destroyed bond or note and of the interest which would accrue until the principal is due and payable, with two (2) sufficient sureties, both residents of the state, or with a surety company authorized to do business in this state, approved by the board, conditioned to indemnify and save harmless the city or town from any claim or demand on account of the lost or destroyed bond or note.

History of Section. G.L. 1938, ch. 329, § 37; P.L. 1939, ch. 668, § 2; G.L. 1956, § 45-12-14 ; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-15. Contractual debts unimpaired.

Nothing in this chapter shall exempt a city or town from its liability to pay debts contracted for purposes for which it may lawfully expend money.

History of Section. G.L. 1938, ch. 47, § 31; P.L. 1930, ch. 1617, § 3; G.L. 1938, ch. 329, § 35; G.L. 1956, § 45-12-15 .

45-12-16. Interest rate.

Any provisions of general or special law enacted prior to February 21, 1970, which limit the rate of interest to be paid on any bonds or other evidences of indebtedness of a city, town, or other political subdivision are repealed.

History of Section. G.L. 1956, § 45-12-16 ; R.P.L. 1957, ch. 4, § 1; P.L. 1960, ch. 30, § 1; G.L. 1965, § 45-12-16 ; P.L. 1970, ch. 13, § 1.

NOTES TO DECISIONS

Application.

This law has no application to laws authorizing the issuance of bonds and notes which contain no limitations on the payment of interest. Opinion to Governor, 106 R.I. 148 , 256 A.2d 194, 1969 R.I. LEXIS 604 (1969).

45-12-17. Debt previously approved.

Whenever the provisions of § 45-12-16 operate to repeal a limitation on the interest rate which may be paid on any issue of bonds or other evidences of indebtedness approved by the qualified voters of any city, town, or other political subdivision, no further approval of the issue of bonds or other evidences of indebtedness by the qualified voters shall be required, notwithstanding any provision of general or special law or charter.

History of Section. R.P.L. 1957, ch. 4, § 2; G.L. 1956, § 45-12-17 ; P.L. 1960, ch. 30, § 1; P.L. 1970, ch. 13, § 2.

45-12-18. Bond anticipation notes.

A city or town, acting by resolution of its city council or town council, after approval of the issue of bonds by vote of the qualified electors of the city or town if approval is required, may authorize the issue from time to time of notes in anticipation of the issue of bonds authorized under § 45-12-2 or § 45-12-2.1 . Notes issued under this section shall be payable within five (5) years from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes under this section, provided the period from the date of an original note to the maturity of any note issued to renew or pay the same debt or the interest on that debt shall not exceed five (5) years. When debt is incurred under this section, the period within which the annual payments of principal of bonds must be made under § 45-12-5 shall be measured from the date of the original note or notes representing the debt, but the annual payments need not commence earlier than one year after the date of the bonds. The town or city may pay the principal of and interest on notes in full from other than the issuance of refunding notes prior to the issuance of bonds. In such case, the town’s or city’s authority to issue bonds or notes in anticipation of bonds under this act shall continue, provided that:

  1. The town council or city council passes a resolution evidencing the town’s or city’s intent to pay off the notes without extinguishing the authority to issue bonds or notes; and
  2. That the period from the date of an original note to other note shall not exceed five (5) years.

History of Section. R.P.L. 1957, ch. 4, § 3; G.L. 1956, § 45-12-18 ; P.L. 1960, ch. 30, § 1; P.L. 1970, ch. 13, § 3; P.L. 1982, ch. 153, § 1; P.L. 1985, ch. 31, § 1; P.L. 1986, ch. 110, § 3; P.L. 1988, ch. 20, § 1; P.L. 1990, ch. 49, § 1; P.L. 1999, ch. 354, § 45; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-19. Charter provisions as to referendum.

The charter of any city or town may provide that the issuance of bonds, notes or other evidences of indebtedness of the city or town be by ordinance or by resolution after the issuance of the bonds, notes or other evidences of indebtedness of the city or town have been authorized by general or special law. The charter may provide that the ordinance or resolution becomes effective only upon approval by a majority of electors voting thereon; provided, that the charter provision is inoperative and ineffective, and the ordinance or resolution becomes effective without approval by the electors of the city or town, whenever the general or special law which authorizes the issuance of the bonds, notes or other evidences of indebtedness provides substantially that the general or special law becomes effective upon acceptance or approval by the electors of the city or town; and provided, further, that the charter provision shall be operative and effective as to this ordinance or resolution only whenever the general or special law which authorizes the issuance of the bonds, notes or other evidences of indebtedness has become effective without acceptance or approval by the electors of the city or town, and contains no provision requiring the acceptance or approval of the electors of the city or town as a prerequisite to the issuance of the bonds, notes or other evidences of indebtedness of the city or town.

History of Section. R.P.L. 1957, ch. 165, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-20. Issuance of bonds authorized by law approved by electors.

Whenever a general or special law which authorizes the issuance of bonds, notes or other evidences of indebtedness has become effective upon acceptance or approval by the electors of a city or town, such law shall be effective notwithstanding any failure or defect in the posting or notice of the election therefor as required by law, including the city or town charter, and the city or town may immediately issue bonds, notes or other evidences of indebtedness without further approval by the electors of the city or town, by ordinance or by resolution if required by the charters of the city or town, which ordinances or resolution shall become effective without approval by the electors of the city or town as ordinances or resolutions generally become effective under the charter of the city or town.

History of Section. R.P.L. 1957, ch. 165, § 2; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-21. Powers of financial town meeting not affected.

Sections 45-12-19 and 45-12-20 shall not apply in any way to the powers or authorities of any town exercised or exercisable in financial town meeting.

History of Section. R.P.L. 1957, ch. 165, § 3.

45-12-22. Repealed.

Repealed Sections.

This section (P.L. 1979, ch. 298, § 2; P.L. 1980, ch. 152, § 1), relating to accumulated deficits, was repealed by P.L. 2003, ch. 54, § 1; P.L. 2003, ch. 66, § 1, effective June 27, 2003. For present comparable provisions, see § 45-12-22.1 et seq.

45-12-22.1. Municipal deficits — Purpose.

The purpose of §§ 45-12-22.1 45-12-22.5 are to ensure that municipalities and school districts monitor financial operations on an ongoing basis, execute a rapid response to budget problems, and maintain a balanced budget in compliance with § 44-35-10 . It is the intent of the legislature to require that municipalities and school districts:

  1. Prevent year-end deficits;
  2. Immediately address potential deficits;
  3. Immediately address actual year-end deficits; and
  4. Stabilize municipal and school district finances.

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2.

45-12-22.2. Monitoring of financial operations — Corrective action.

Subsections (a) through (h) below shall apply to cities and towns.

  1. The chief financial officer of each municipality and each school district within the state shall continuously monitor financial operations by tracking actual versus budgeted revenue and expense.
  2. The chief financial officer of the municipality shall submit a report on a monthly basis to the municipality’s chief executive officer, each member of the city or town council, and school district committee certifying the status of the municipal budget from all fund sources, including the school department budget from all fund sources, or regional school district budget from all fund sources. The chief financial officer of the municipality shall also submit budget-to-actual financial information on or before the 25th day succeeding the last day of the sixth, ninth, and twelfth month of each fiscal year to the division of municipal finance pursuant to the provisions outlined in subsection (d) certifying the status of the municipal budget, including the school budget that has been certified by the school department. The chief financial officer of the school department or school district shall certify the status of the school district’s budget and shall assist in the preparation of these reports. The monthly report and budget-to-actual financial information as required in this section shall be in a format prescribed by the division of municipal finance, the commissioner of education, and the state auditor general. The budget-to-actual financial information and the monthly reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit; the projected impact on year-end financial results, including all accruals and encumbrances; and how the municipality and school district plans to address any such shortfalls. In the event that the school reporting is not provided, then state education aid may be withheld pursuant to the provisions of § 16-2-9.4(g) .
  3. In order to facilitate electronic upload to the “Transparency Portal,” as defined herein, the chief financial officer of the municipality shall also submit, as part of the annual audited financial statements of the municipality, a municipal-data report for the municipality’s general fund containing content and in a format designated by the division of municipal finance and the office of the auditor general. Such municipal-data report shall be included in the scope of the annual audit and shall be included in the municipality’s financial statements as supplementary information.
  4. All budget-to-actual financial information as required in subsection (b), municipal-data report as required in subsection (c), and reports required pursuant to the provisions of § 44-35-10 shall be submitted to the division of municipal finance through the use of the division’s Transparency Portal, in the format required by the division of municipal finance, which will be located on the division’s website. The division of municipal finance will create a finalized report from all information submitted through the Transparency Portal (“Transparency Report”). The division of municipal finance will submit the Transparency Report to the municipality to be signed by the chief executive officer, chief financial officer, superintendent of the school district, and chief financial officer for the school district. All signed Transparency Reports shall be posted to the municipality’s website within ten (10) business days of receipt of such report. The municipalities shall provide a copy of the signed Transparency Report to the commissioner of education, the office of the auditor general, the municipality’s council president, and the school committee chair. In addition, a copy of the signed Transparency Report, which has been designated by the division of municipal finance for inclusion in the municipality’s audited financial statements, shall be provided by the municipality to its auditor.
  5. If any of the budget-to-actual financial information required under subsection (b) project a year-end deficit, the chief financial officer of the municipality shall submit to the state division of municipal finance, the commissioner of education, and the auditor general a corrective action plan, signed by the chief executive officer and chief financial officer, on or before the last day of the month succeeding the close of the fiscal quarter in which budget-to-actual financial information is required, that provides for the avoidance of a year-end deficit or structural deficit that could impact future years, and the school superintendent shall also comply with the provisions of § 16-2-11(c) to assist in this effort. The plan may include recommendations as to whether an increase in property taxes and/or spending cuts should be adopted to eliminate the deficit. The plan shall include a legal opinion by municipal counsel that the proposed actions under the plan are permissible under federal, state, and local law. The state division of municipal affairs may rely on the written representations made by the municipality in the plan and will not be required to perform an audit.
  6. If the division of municipal finance concludes the plan required hereunder is insufficient and/or fails to adequately address the financial condition of the municipality, the division of municipal finance can elect to pursue the remedies identified in § 45-12-22.7 .
  7. The monthly reports and budget-to-actual financial information required shall include the financial operations of any departments or funds of municipal government, including the school department or the regional school district, notwithstanding the status of the entity as a separate legal body. This provision does not eliminate the additional requirements placed on local and regional school districts by §§ 16-2-9(f) and 16-3-11(e)(3) .
  8. The “Transparency Portal” shall be an electronic interface that will be implemented, maintained, and monitored by the state division of municipal finance with the assistance of the state department of administration. In addition, the division of municipal finance shall post to its website a list of participating and non-participating entities for each reporting cycle identified under subsections (b), (c), and required reports pursuant to § 44-35-10 . Subsections (i) through (m) below shall apply to fire districts.
  9. The treasurer/chief financial officer or other fiduciary, as applicable, of the fire district within the state shall continuously monitor the fire district’s financial operations by tracking actual versus budgeted revenue and expense.
  10. The treasurer/chief financial officer or other fiduciary, as applicable, of the fire district shall submit a quarterly report on or before the 25th day of the month succeeding the end of each fiscal quarter to the division of municipal finance and the state auditor general certifying the status of the fire district’s budget. Each quarterly report submitted must be signed by the chair of the governing body and the treasurer/chief financial officer. The report shall be submitted to the members of the governing body and the members of the town council. The quarterly reports shall be in a format prescribed by the division of municipal finance and the state auditor general. The reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit; the projected impact on year-end financial results including all accruals and encumbrances; and how the fire district plans to address any such shortfalls.
  11. If any of the quarterly reports required under subsection (j) above project a year-end deficit, the treasurer/chief financial officer or other fiduciary, as applicable, of the fire district shall submit to the division of municipal finance and the state auditor general a corrective action plan signed by the chair of the governing body and treasurer/chief financial office, or other fiduciary as applicable, of the fire district on or before the last day of the month succeeding the close of the fiscal quarter, that provides for the avoidance of a year-end deficit or structural deficit that could impact future years. The plan may include recommendations as to whether an increase in property taxes and/or spending cuts should be adopted to eliminate the deficit. The plan shall include a legal opinion by legal counsel that the proposed actions under the plan are permissible under federal, state, and local law. Said plan shall be sent to the members of the fire district’s governing body and the members of the town council. The division of municipal finance may rely on the written representations made by the governing body of the fire district in the plan and will not be required to perform an audit.
  12. If the division of municipal finance concludes the plan required hereunder is insufficient and/or fails to adequately address the financial condition of the fire district, the division of municipal finance can elect to pursue the remedies identified in § 45-12-22.7 .
  13. The reports and plans required above shall also include, but not be limited to, a comprehensive overview of the financial operations of the fire district, including a list of the value of the fire district’s assets (tangibles and intangibles) and liabilities.

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2; P.L. 2006, ch. 246, art. 38, § 18; P.L. 2011, ch. 151, art. 12, § 14; P.L. 2012, ch. 241, art. 12, § 2; P.L. 2014, ch. 31, § 3; P.L. 2014, ch. 33, § 3; P.L. 2016, ch. 142, art. 8, § 1.

Compiler’s Notes.

P.L. 2014, ch. 31, § 3, and P.L. 2014, ch. 33, § 3 enacted identical amendments to this section.

Applicability.

P.L. 2014, ch. 31, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2014, ch. 33, § 7, provides: “Pending state judicial receivership proceedings. — The provisions of this act shall apply to any and all state judicial receivership proceedings pending at the time of passage of this act [May 2, 2014]; provided, however, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by any receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

45-12-22.3. Year-end deficits.

  1. If, at the end of any fiscal year, the chief financial official determines, based on available data, that it is likely the city or town’s general fund or combined general fund and unrestricted school special revenue fund will incur a deficit, the municipality must notify the auditor general and the division of municipal finance within thirty (30) days and immediately develop a plan to eliminate the deficit. The plan shall provide for the elimination of the accumulated year-end deficit by annual appropriation, over no more than five (5) years, in equal or diminishing amounts. The plan shall indicate the necessary governmental approvals and procedures required, and shall include a legal opinion by municipal counsel that the proposed action is permissible under federal, state, and local law.
  2. The plan to eliminate the year-end deficit shall be submitted to the state auditor general for approval. The state auditor general shall determine whether the plan reasonably insures elimination of the accumulated deficit in accordance with the law in a fiscally responsible manner. The state auditor general may rely on the written representations made by the municipality in the plan and will not be required to perform an audit. The judgment of the state auditor general in applying this standard shall be conclusive.
  3. If the state auditor general determines the plan is insufficient and/or fails to adequately address the financial condition of the municipality, or if a plan is not submitted, then in such event, the state auditor general can petition the superior court for mandatory injunctive relief seeking to compel the municipality to submit a plan as required hereunder. The state auditor general shall also have standing to pursue the appropriate remedies identified in § 45-12-22.7 .

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2; P.L. 2011, ch. 151, art. 12, § 15.

45-12-22.4. Deficit, pension and other post-employment benefit financing — Approval required.

  1. Except as provided in chapter 9 of this title, no municipality shall sell a long-term bond in order to fund a deficit or to fund pension obligations or other post-employment benefits without prior approval by the state auditor general and director of the state department of revenue.
  2. If any provision of this section or the application thereof shall for any reason be judged invalid, that judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2; P.L. 2008, ch. 98, § 58; P.L. 2008, ch. 145, § 58; P.L. 2011, ch. 269, § 1; P.L. 2011, ch. 277, § 1.

Compiler’s Notes.

P.L. 2011, ch. 269, § 1, and P.L. 2011, ch. 277, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2011, ch. 269, § 2, provides that the amendment to this section by that act takes effect upon passage [July 12, 2011] and shall apply to general obligation bonds and notes and other financing obligations (as herein defined) issued by cities, towns and districts including those issued prior to the date of enactment.

P.L. 2011, ch. 277, § 2, provides that the amendment to this section by that act takes effect upon passage [July 12, 2011] and shall apply to general obligation bonds and notes and other financing obligations (as herein defined) issued by cities, towns and districts including those issued prior to the date of enactment.

45-12-22.5. Unbudgeted expenditures.

A municipality shall not incur expenditures nor obligate the municipality to expend unbudgeted amounts in excess of one hundred thousand dollars ($100,000) without first notifying the city or town council of such proposed expenditure and identifying the source of funding. Further, a school committee or school department shall not incur accumulated unbudgeted expenditures or obligations in excess of one hundred thousand dollars ($100,000) without first notifying the chief financial officer of the municipality as to the proposed expenditure and identifying the source of funding. The financial officer shall include any such proposed expenditure in the monthly report required in § 45-12-22.2 .

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2.

45-12-22.6. Cooperation of school committees.

School committees, boards, or regional school districts that are independent governmental entities within a municipality shall cooperate in providing to the chief financial officer all information needed to formulate the reports and the deficit elimination plan required under this chapter. The auditor general or the state director of revenue may petition the superior court to order the school committee or board to cooperate with the municipality and provide all information requested by the chief financial officer needed to formulate a plan hereunder. The director of revenue may also direct the state controller and general treasurer to withhold state aid to the school committee until the school committee or board cooperates in the formulation of a plan.

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2; P.L. 2008, ch. 98, § 58; P.L. 2008, ch. 145, § 58.

45-12-22.7. Enforcement and remedies.

In the event that a municipality does not comply with the requirements of this law the state auditor general or the division of municipal finance through the director of revenue may elect any or all of the following remedies:

  1. Petition the superior court for mandatory injunctive relief seeking compliance with the provisions of this section. The superior court shall make a finding of fact as to whether there has been compliance with the provisions of this section. As herein before stated, the approval or disapproval of a plan shall be conclusive upon the court in making its finding as to compliance.
  2. In the event a municipality fails to provide a year-end deficit elimination plan under § 45-12-22.3 , such noncompliance shall allow for the implementation of a budget review commission pursuant to § 45-9-5 .
  3. Withholding of state aid. In the event that the state director of revenue with the concurrence of the auditor general elect to withhold state aid, said amounts shall be placed in a special account within the general fund. At such time the municipality comes into compliance with the reporting requirements of this section, said funds shall be released to the municipality by order of the state director of revenue and state auditor general.

History of Section. P.L. 2003, ch. 54, § 2; P.L. 2003, ch. 66, § 2; P.L. 2006, ch. 246, art. 38, § 18; P.L. 2010, ch. 24, § 2; P.L. 2010, ch. 27, § 2.

Compiler’s Notes.

P.L. 2010, ch. 24, § 2, and P.L. 2010, ch. 27, § 2, enacted identical amendments to this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

45-12-23. Tax exemption.

The income from any bonds, notes, certificates, or other evidences of indebtedness issued by any city, town, or other political subdivision, under the provisions of this chapter or any other general or special law, shall at all times be free from taxation by the state or any political subdivision or other instrumentality of the state.

History of Section. P.L. 1979, ch. 356, § 1.

45-12-24. Repealed.

Repealed Sections.

This section (G.L. 1938, ch. 329, § 37; P.L. 1939, ch. 668, § 2; G.L. 1956, § 45-12-12 ), relating to city and town boards authority to authorize duplicate bonds, was repealed by P.L. 2007, ch. 252, § 4, effective July 3, 2007, and by P.L. 2007, ch. 292, § 4, effective July 6, 2007.

45-12-25. Sale of bonds or notes at a discount.

Notwithstanding any provisions of general or special law enacted prior to January 1, 1982 which require bonds or notes of cities, towns, or other political subdivisions to be sold at not less than par or par and accrued interest, those bonds or notes may be sold at a discount. In case of a sale at discount, the discount shall be treated as interest paid in advance.

History of Section. P.L. 1982, ch. 153, § 2.

45-12-26. Commercial agreements relating to registered bonds and notes.

In connection with the issuance by a city, town, or other political subdivision of this state of original or replacement bonds or notes in registered form, the treasurer of the city, town, or other political subdivision, with the approval of any other officers authorized to sign those bonds or notes, is authorized to contract for and engage the services of any bank, trust company, or other banking or financial institution within or without the state to perform authentication, registration, transfer, exchange, record, and paying agent functions, and for the preparation, signing, and issuance of checks in payment of those bonds or notes, the preparation and maintenance of reports and accounts and the performance of related duties. The treasurer, with this approval, may also enter into agreements with custodian banks, trust companies, or other financial institutions and financial intermediaries and nominees of any of them in connection with the establishment and maintenance by others of a central depository system for the transfer or pledge of those bonds and notes. The agreements may provide for limitation of liabilities of the parties, indemnification, or payment of liquidated damages, and shall include those provisions that the treasurer may deem necessary or desirable to protect the city, town, or other political subdivision, including provisions indemnifying it for losses sustained by it as the result of negligence of the other party or parties or any breach of the duties imposed upon them under the agreement.

History of Section. P.L. 1983, ch. 103, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-27. Conflict between bond referendum provisions and bond expenditure provisions.

Notwithstanding the provisions of any general or special law with respect to the issuance of bonds or the expenditure of money by a city or town which provided that it became effective only upon approval by the majority of electors voting on these provisions, wherever the provision relating to the expenditure of the proceeds derived from the sale of the bonds is in conflict with the provision relating to the submission of the general or special law to the electors of the city or town, the provision relating to the submission of the general or special law to the electors of the city or town shall prevail, and the proceeds derived from the sale of the bonds may be expended for the purposes set forth in the provision relating to the submission of the general or special law to the electors of the city or town.

History of Section. P.L. 1985, ch. 70, § 1.

45-12-28. Permitted temporary investments for bond proceeds.

Notwithstanding any contrary provision of general or special law, towns and cities may invest proceeds of any bond or note available during the period before those proceeds are needed for the purpose for which the bonds or notes were issued, in investments described in § 35-10-11 . A city council or town council may adopt an ordinance or resolution limiting the permitted investments under § 35-10-11 to investments meeting specified standards of creditworthiness.

History of Section. P.L. 1986, ch. 110, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-29. Agreements relating to tax and securities compliance rebate to federal government.

Notwithstanding any contrary provision of general or special law, cities, towns and other political subdivisions of this state may enter into agreements to comply with federal tax and securities laws and may rebate to the United States Treasury from available sources, any income from investments (including gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on the bonds or notes from federal income taxation. The term of any such agreement may extend to a date six (6) years after the final maturity of the bonds or notes to which the agreement relates.

History of Section. P.L. 1986, ch. 110, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-30. Securing of bonds or notes — Trust agreements.

  1. Bonds or notes issued by a city or town may be secured in whole or in part by insurance or by letters or lines of credit or other credit facilities. This insurance, letter, or line of credit or credit facility may provide for reimbursement to be made over period of time, not to exceed two (2) years beyond the maturity date of the bonds or notes secured, as the treasurer or director of finance deems proper, and may provide for reimbursement to be made and any of these notes or bonds to be issued at a rate or rates of interest as the treasurer or director of finance deems proper, including rates variable from time to time as determined by an index, banker’s loan rate, or other method that may be specified in the agreement or the bond or note. Notwithstanding any contrary provision of law, bonds or notes secured as described in this section may, in the discretion of the treasurer or director of finance, be subject to prepayment at the option of the holder of these bonds or notes at times and prices and under circumstances that the treasurer or director of finance specifies. For the purpose of securing bonds and notes, a city or town, acting by its treasurer or director of finance, may enter into a trust agreement between the city or town and a corporate trustee which shall be a bank or trust company doing business in the state. This trust agreement, and any remarketing or other agreements necessary or incidental to the issuance of these bonds or notes, shall be in any form deemed proper by the treasurer or director of finance of the city or town, and shall be executed by its treasurer or director of finance and countersigned by its mayor or president of the town council. It shall be lawful for any bank or trust company doing business in the state to act as a depository or trustee under this trust agreement, and to furnish indemnification and pledge securities that may be required by any city or town. Any trustee under a trust agreement established pursuant to this section may bring suit upon the bonds or notes and may, either at law or equity, by suit, action, mandamus, or other proceedings for legal or equitable relief, enforce all rights under the laws of the state or granted under this section or under the trust agreement, and may enforce and compel the performance of all duties required under the trust agreement to be performed by the city or town or by any officer of the city or town. All expenses incurred in carrying out the provisions of this section may be treated by the city or town as a cost of issuance.
  2. The powers granted in this section are in addition to and not in substitution for authority previously granted or subsequently granted to cities and towns or officers on behalf of cities and towns to set the terms, conditions, or details of any bonds or notes, including without limitation, the provision of bond insurance.

History of Section. P.L. 1988, ch. 105, § 1; P.L. 2007, ch. 252, § 1; P.L. 2007, ch. 292, § 1.

45-12-31. Extinguishment of authorizations.

All or any portion of the authority to issue bonds pursuant to a resolution or ordinance passed by a city or town council or pursuant to a special act passed by the general assembly may be extinguished by ordinance of the city or town council, without further action by the general assembly, after seven (7) years have passed from the date the resolution, ordinance or special act was passed.

History of Section. P.L. 2007, ch. 252, § 2; P.L. 2007, ch. 292, § 2.

45-12-32. Inability to pay interest or principal of bonds, notes or certificates of indebtedness — Notice — Certification to general treasurer — Payment by general treasurer.

  1. If it appears to the treasurer or finance director of a city, town or district, including a regional school district, that the city, town or district is, or is likely to be, unable to pay in whole or in part the principal or interest, or both, on any of its bonds, notes or certificates of indebtedness when due, the treasurer or finance director shall forthwith notify the city manager, town manager, town administrator or mayor, the city council or town council, the regional district school committee in a regional school district, or the board of any other type of district, of the inability or likely inability. If the city manager, town manager, town administrator, mayor, town council or city council, committee or board, whether or not so notified, finds upon investigation that the payment cannot or is not likely to be made when due, he, she or they shall certify the inability or likely inability to the director of revenue. Upon receipt of the certificate, the director of revenue shall immediately investigate the circumstances and, if the director finds that the city, town or district is, or in the director’s opinion will be, unable to make the payment when due, the director shall forthwith certify the inability, the amount of the due or overdue payment and the name of the paying agent for the bonds, notes or certificates of indebtedness to the general treasurer.
  2. Notwithstanding any provision of general or special law or any rules or regulations with respect to the timing of payment of state aid payments, not later than three (3) days after receipt of the certification from the director of revenue or one business day prior to the date on which the principal or interest, or both, becomes due, whichever is later, the general treasurer shall pay to the paying agent the amount of the due or overdue payment certified to him/her to the extent of the sums otherwise then payable and the sums estimated to become payable during the remainder of the fiscal year, from the treasury, to the city, town or district.
  3. The amounts so paid to the paying agent shall be in trust and shall be exempt from being levied upon, taken, sequestered or applied for any purpose other than paying principal or interest, or both, on bonds, notes or certificates of indebtedness of the city, town or district.
  4. Any amounts paid by the general treasurer under the provisions of this section, together with all costs accruing to the state as a result of actions undertaken pursuant to this section, including administrative costs as well as loss of interest income, shall be charged against the amounts otherwise payable or becoming payable from the treasury to the city, town or district.
  5. For purposes of this section, the sums otherwise payable from the treasury to a city or town shall be the funds made available to cities and towns:
    1. As state aid pursuant to chapter 13 of this title, but specifically excluding reimbursements to cities and towns for the cost of state mandates pursuant to § 45-13-9 ;
    2. As school housing aid pursuant to §§ 16-7-35 16-7-47 , but subject to any pledge to bonds issued to finance school projects by the Rhode Island health and educational building corporation, and specifically excluding school operations aid provided for in §§ 16-7-15 16-7-34.3 ;
    3. In replacement of motor vehicle and trailer excise taxes pursuant to chapter 34.1 of title 44;
    4. From the public service corporation tax pursuant to chapter 13 of title 44; and
    5. From the local meal and beverage tax pursuant to § 44-18-18.1 and the hotel tax pursuant to § 44-18-36.1 ; and
    6. Pursuant to all acts supplementing such chapters listed in subdivisions (1) — (5) above or pursuant to any other law hereafter enacted providing for funds to municipalities in lieu of or in substitution for the funds provided pursuant to acts supplementing such chapters listed in (1) — (5).

History of Section. P.L. 2010, ch. 24, § 3; P.L. 2010, ch. 27, § 3.

Compiler’s Notes.

P.L. 2010, ch. 24, § 3, and P.L. 2010, ch. 27, § 3, enacted identical versions of this section.

P.L. 2010, ch. 24, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

P.L. 2010, ch. 27, § 4, provides: “Notwithstanding sections 45-9-13 and any other provisions of this act, in order to ensure an orderly transition, the superior court shall have limited jurisdiction to ratify the actions taken by a receiver prior to the date of enactment of this legislation at the request of the director of revenue, and to take such further actions as may be necessary to ensure an orderly transition.”

Retroactive Effective Dates.

P.L. 2010, ch. 24, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

P.L. 2010, ch. 27, § 4, provides that the amendment to this section by that act applies retroactively to May 15, 2010.

45-12-33. Borrowing for road and bridge, infrastructure, and school building projects.

    1. In addition to other authority previously granted, during calendar year 2014 a city or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to evidence loans from the municipal road and bridge revolving fund administered by the Rhode Island clean water finance agency in accordance with chapter 18 of title 24.
    2. In addition to other authority previously granted, from July 1, 2015 to June 30, 2016, a city or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to evidence loans from the efficient buildings fund administered by the Rhode Island clean water finance agency infrastructure bank in accordance with chapter 12.2 of title 46 or the school building authority capital fund administered by the Rhode Island health and educational building corporation in accordance with chapter 38.2 of this title.
  1. These bonds, notes, or other evidences of indebtedness are subject to the maximum aggregate indebtedness permitted to be issued by any city or town under § 45-12-2 .
  2. The denominations, maturities, interest rates, methods of sale, and other terms, conditions, and details of any bonds or notes issued under the provisions of this section may be fixed by resolution of the city or town council authorizing them, or if no provision is made in the resolution, by the treasurer or other officer authorized to issue the bonds, notes or evidences of indebtedness; provided, that the payment of principal shall be by sufficient annual payments that will extinguish the debt at maturity, the first of these annual payments to be made not later than three (3) years, and the last payment not later than twenty (20) years after the date of the bonds. The bonds, notes, or other evidences of indebtedness may be issued under this section by any political subdivision without obtaining the approval of its electors, notwithstanding the provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the contrary.

History of Section. P.L. 2014, ch. 9, § 1; P.L. 2014, ch. 19, § 1; P.L. 2015, ch. 141, art. 8, § 2; P.L. 2015, ch. 141, art. 14, § 13.

Compiler’s Notes.

P.L. 2014, ch. 9, § 1, and P.L. 2014, ch. 19, § 1 enacted identical versions of this section.

In 2015, this section was amended by P.L. 141, art. 8, § 2 and P.L. 141, art. 14, § 13. The section as amended by P.L. 141, art. 8, § 2 is set out above.

Chapter 13 State Aid

45-13-1. Apportionment of annual appropriation for state aid.

  1. As used in this chapter, the following words and terms have the following meanings:
    1. “Income” means the most recent estimate of per-capita income for a city, town or county as reported by the United States Department of Commerce, Bureau of the Census.
    2. “Population” means the most recent estimates of population for each city and town as reported by the United States Department of Commerce, Bureau of the Census.
    3. “Reference year” means the second fiscal year preceding the beginning of the fiscal year in which the distribution of state aid to cities and towns is made provided however that the reference year for distributions made in fiscal year 2007-2008 shall be the third fiscal year preceding the beginning of the fiscal year 2007-2008 and provided further that the reference year for distributions made in fiscal year 2008-2009 shall be the fourth fiscal year preceding the beginning of the fiscal year 2008-2009.
    4. “Tax effort” means the total taxes imposed by a city or town for public purposes or the totals of those taxes for the cities or towns within a county (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) determined by the United States Secretary of Commerce for general statistical purposes and adjusted to exclude amounts properly allocated to education expenses.
  2. Aid to cities and towns shall be apportioned as follows: For each county, city or town, let R be the tax effort divided by the square of per capita income, i.e., R = (tax effort)/(income x income).

    The amount to be allocated to the counties shall be apportioned in the ratio of the value of R for each county divided by the sum of the values of R for all five (5) counties.

    The amount to be allocated for all cities and for all towns within a county shall be the allocation for that county apportioned proportionally to the total tax effort of the towns and cities in that county.

    The amount to be allocated to any city or town is the amount allocated to all cities or all towns within the county apportioned in the ratio of the value of R for that city (or town) divided by the sum of the values of R for all cities (or all towns) in that county; provided, further, that no city or town shall receive an entitlement in excess of one hundred forty-five percent (145%) of that city or town’s population multiplied by the average per capita statewide amount of the annual appropriation for state aid to cities and towns. Any excess entitlement shall be allocated to the remainder of the cities and towns in the respective county in accordance with the provisions of this section.

    For fiscal year 2004, notwithstanding the provisions of subsection (a), aid calculations shall be based on a blended rate of ninety percent (90%) of the data from the 1990 census and ten percent (10%) of the data from the 2000 census. In each of the succeeding nine (9) fiscal years, the calculations shall be based on a blended rate that increases the percentage of data utilized from the 2000 census by ten percent (10%) from the previous year and decreases the percentage of the data utilized from the 1990 census by ten percent (10%) from the previous year.

  3. The total amount of aid to be apportioned pursuant to subsection (b) above shall be specified in the annual appropriation act of the state and shall be equal to the following:
    1. For fiscal years ending June 30, 1994 through June 30, 1998, the total amount of aid shall be based upon one percent (1%) of total state tax revenues in the reference year.
    2. For the fiscal year ending June 30, 1999, the total amount of aid shall be based upon one and three-tenths percent (1.3%) of total state tax revenues in the reference year.
    3. For the fiscal year ending June 30, 2000, the total amount of aid shall be based upon one and seven-tenths percent (1.7%) of total state tax revenues in the reference year.
    4. For the fiscal year ending June 30, 2001, the total amount of aid shall be based upon two percent (2.0%) of total state tax revenues in the reference year.
    5. For the fiscal year ending June 30, 2002, the total amount of aid shall be based upon two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
    6. For the fiscal year ending June 30, 2003, the total amount of aid shall be based upon two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
    7. For the fiscal year ending June 30, 2004, the total amount of aid shall be based upon two and seven-tenths percent (2.7%) of total state tax revenues in the reference year.
    8. For the fiscal year ending June 30, 2005, the total amount of aid shall be fifty-two million four hundred thirty-eight thousand five hundred thirty-two dollars ($52,438,532).
    9. For the fiscal year ending June 30, 2006, the total amount of aid shall be based upon three percent (3%) of total state tax revenues in the reference year.
    10. For the fiscal year ending June 30, 2007 the total amount of aid shall be sixty-four million six hundred ninety-nine thousand three dollars ($64,699,003).
    11. For the fiscal year ending June 30, 2008, the total amount of aid shall be sixty-four million six hundred ninety-nine thousand three dollars ($64,699,003).
    12. [Deleted by P.L. 2009, ch. 68, art. 6, section 3.]
    13. [Deleted by P.L. 2007, ch. 73, art. 25, section 1.]
    14. [Deleted by P.L. 2007, ch. 73, art. 25, section 1.]
  4. For the fiscal year ending June 30, 2008 the apportionments of state aid as derived through the calculations as required by subsections (a) through (c) of this section shall be adjusted downward statewide by ten million dollars ($10,000,000).
  5. For the fiscal year ending June 30, 2009, the total amount of aid shall be twenty-five million dollars ($25,000,000) with such distribution allocated proportionately on the same basis as the original enactment of general revenue sharing of FY 2009.
  6. For the fiscal year ending June 30, 2009 and thereafter, funding shall be determined by appropriation.

History of Section. P.L. 1992, ch. 133, art. 92, § 2; P.L. 1998, ch. 31, art. 27, § 3; P.L. 2002, ch. 65, art. 7, § 1; P.L. 2003, ch. 376, art. 16, § 1; P.L. 2004, ch. 595, art. 16, § 2; P.L. 2006, ch. 246, art. 17, § 1; P.L. 2007, ch. 73, art. 25, § 1; P.L. 2008, ch. 9, art. 17, § 1; P.L. 2008, ch. 100, art. 15, § 2; P.L. 2009, ch. 5, art. 7, § 2; P.L. 2009, ch. 68, art. 6, § 3; P.L. 2009, ch. 310, § 47.

Compiler’s Notes.

P.L. 2009, ch. 68, art. 6, § 3, amended this section as previously amended by P.L. 2009, ch. 5, art. 7, § 2.

This section was amended by three acts (P.L. 2009, ch. 5, art. 7, § 2; P.L. 2009, ch. 68, art. 6, § 3; P.L. 2009, ch. 310, § 47) passed by the 2009 General Assembly. Since the acts are not in conflict, the section is set out as amended by all three acts.

Repealed Sections.

Former § 45-13-1 (P.L. 1991, ch. 44, art. 30, § 2), concerning apportionment of annual appropriation for state aid, was repealed by P.L. 1992, ch. 133, art. 92, § 1, effective July 1, 1992.

Cross References.

Beach areas, prevention of erosion, § 46-3-6 .

General public assistance, reimbursement for, § 40-6-21 .

Comparative Legislation.

State aid:

Conn. Gen. Stat. §§ 7-504 — 7-506.

Mass. Ann. Laws ch. 58, §§ 25, 25A.

45-13-1.1. Aid reduced by amounts owed state entities.

If any city or town fails to pay any assessment, bill, or charge levied, presented, or imposed by any public or quasi-public board, commission, corporation, council, authority, agency, department, committee or other similar body organized under the laws of this state, within one hundred eighty (180) days of the presentment for payment of the assessment, bill, or charge to the city or town, then there shall be deducted from any state aid, determined to be due under the provisions of this chapter, an amount equal to that due and owing any or all of those commissions; provided, that the amount of any deduction shall be reduced by the amount of any bill or charge presented for payment by city or town to the state, which bill or charge has not been paid by the state within one hundred eighty (180) days of presentment.

History of Section. P.L. 1983, ch. 167, art. XII, § 2; P.L. 1986, ch. 522, § 8; P.L. 1992, ch. 133, art. 92, § 3.

45-13-1.2. Aid withheld for failure to comply with state statutes.

If any city or town fails to furnish information as defined in chapter 21 of title 39 within seventy-five (75) days of June 22, 1987, then there shall be withheld from any state aid, determined to be due under the provisions of this chapter, an amount equal to twenty-five percent (25%) until the time that the information is furnished.

History of Section. P.L. 1987, ch. 118, art. 11, § 1.

45-13-2. “Tax levy” defined.

For the purposes of this chapter, “tax levy” means the total amount of taxes annually certified by the assessors of taxes of the cities and towns, as shown on the annual reports certified by the assessors to the director of revenue; provided, that whenever a city or town, incidental to changing its fiscal year, orders a tax levy to pay its expenses for a fiscal period other than twelve (12) months, “tax levy” means the tax levy of the city or town of the calendar year preceding the calendar year in which the change of fiscal year takes place.

History of Section. P.L. 1947, ch. 1887, art. 9, part 2, § 1; P.L. 1951, ch. 2751, § 1; G.L. 1956, § 45-13-2 ; P.L. 1965, ch. 68, § 4; P.L. 1988, ch. 84, § 102; P.L. 2008, ch. 98, § 59; P.L. 2008, ch. 145, § 59.

45-13-3. Apportionment based on levy for preceding year.

The annual apportionment and payment of any sums during the state’s fiscal year shall be based on the annual tax levy of the respective cities and towns as of December 31st of the calendar year preceding the calendar year in which the current state fiscal year begins.

History of Section. P.L. 1947, ch. 1887, art. 9, part 2, § 1; P.L. 1951, ch. 2751, § 1; G.L. 1956, § 45-13-3 .

45-13-4, 45-13-5. Repealed.

Repealed Sections.

Former §§ 45-13-4 and 45-13-5 (G.L. 1956, §§ 45-13-4 and 45-13-5; P.L. 1966, ch. 245, § 8; P.L. 1967, ch. 191, § 6; P.L. 1969, ch. 197, art. 7, § 16), concerning appropriations in lieu of intangible personal property tax and local personal property tax on manufacturers’ inventories, were repealed by P.L. 1987, ch. 118, art. 7, § 2, effective June 22, 1987.

45-13-5.1. General assembly appropriations in lieu of property tax from certain exempt private and state properties.

  1. In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education, or any nonprofit hospital facility, or any state owned and operated hospital, veterans’ residential facility, or correctional facility occupied by more than one hundred (100) residents which may have been or will be exempted from taxation by applicable state law, exclusive of any facility operated by the federal government, the state of Rhode Island, or any of its subdivisions, the general assembly shall annually appropriate for payment to the several cities and towns in which the property lies a sum equal to twenty-seven percent (27%) of all tax that would have been collected had the real property been taxable; provided, however, said percentage shall be subject to adjustment pursuant to subsection (e) of this section.
  2. In no event shall any city or town record in a fiscal year both: (1) Taxes and/or payments under a stabilization agreement with a for-profit hospital facility; and (2) Distributions of appropriations under this section attributable to the prior nonprofit status of said for-profit hospital facility.
  3. As used in this section, “private nonprofit institution of higher education” means any institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions, and “nonprofit hospital facility” means any nonprofit hospital licensed by the state and which is used for the purpose of general medical, surgical, or psychiatric care and treatment.
  4. The grant payable to any municipality under the provision of this section shall be equal to twenty-seven percent (27%) of the property taxes that, except for any exemption to any institution of higher education or general hospital facility, would have been paid with respect to that exempt real property on the assessment list in the municipality for the assessment date of December 31, 1986, and with respect to such exempt real property appearing on an assessment list in the municipality on succeeding assessment dates. Provided, however, that the grant paid for the fiscal year ending June 30, 2008, shall be based upon the assessment list in the municipality as of December 31, 2004.
  5. The state budget offices shall include the amount of the annual appropriation in the state budget for the fiscal year commencing July 1, 1988, and each fiscal year thereafter. The amount of the annual distribution of appropriation payable to each eligible municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of the annual appropriation in the state budget is insufficient to pay the eligible municipalities the amounts otherwise payable to said communities pursuant to subsection (a) of this section.
  6. Distribution of appropriations shall be made by the state on or before July 31 of 1988 and each July 31 thereafter or following verified receipt of a municipality’s assessment data for the following fiscal year’s payment, whichever is later, and the payments may be counted as a receivable by any city or town for a fiscal year ending the preceding June 30.
  7. Any act or omission by the state with respect to this chapter shall in no way diminish the duty of any town or municipality to provide public safety or other ordinary services to the properties or facilities of the type listed in subsection (a).
  8. Provided, that payments authorized pursuant to this section shall be reduced pro rata, for that period of time that the municipality suspends or reduces essential services to eligible facilities. For the purposes of this section “essential services” include, but are not to be limited to, police, fire and rescue.

History of Section. P.L. 1986, ch. 466, § 1; P.L. 1987, ch. 383, § 1; P.L. 1988, ch. 129, art. 5, § 1; P.L. 1989, ch. 126, art. 57, § 1; P.L. 1990, ch. 65, art. 62, § 1; P.L. 1991, ch. 44, art. 29, § 1; P.L. 1994, ch. 70, Art. 15, § 5; P.L. 1994, ch. 70, art. 27, § 1; P.L. 1997, ch. 30, art. 26, § 1; P.L. 2001, ch. 77, art. 6, § 1; P.L. 2002, ch. 65, art. 7, § 2; P.L. 2007, ch. 73, art. 25, § 1; P.L. 2014, ch. 145, art. 2, § 2; P.L. 2014, ch. 362, § 2; P.L. 2014, ch. 379, § 2.

Compiler’s Notes.

This section was amended by three acts (P.L. 2014, ch. 145, art. 2, § 2; P.L. 2014, ch. 362, § 2; P.L. 2014, ch. 379, § 2) passed by the 2014 General Assembly. Since the changes are not in conflict with each other, this section is set out as amended by all three acts.

P.L. 2014, ch. 362, § 2, and P.L. 2014, ch. 379, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 145, art. 2, § 4, provides that the amendment to this section by that act takes effect on July 1, 2015.

Retroactive Effective Dates.

P.L. 2014, ch. 362, § 3, provides that the amendment to this section by that act takes effect on July 2, 2014, and shall apply retroactively to December 31, 2013.

P.L. 2014, ch. 379, § 3, provides that the amendment to this section by that act takes effect on July 2, 2014, and shall apply retroactively to December 31, 2013.

Collateral References.

Nursing homes as exempt from property taxation. 34 A.L.R.5th 529.

45-13-5.2. Valuation of tax exempt property for purposes of computing state grants.

Not later than August first in any year, any town or municipality to which a grant may be payable under the provisions of § 45-13-5.1 , shall provide the director of revenue with the assessed valuation of the tax exempt real property which is required for the computation of the grant. The director of revenue may, on or before April 30 next succeeding the receipt of the statement, reevaluate any exempt property when, in the director’s judgment the valuation made by the local assessor or assessors is inaccurate, and shall notify the municipality of the reevaluation. Any municipality aggrieved by the action of the director of revenue under the provisions of this section may, within two (2) weeks of the notice, file an appeal consistent with the provisions of chapter 35 of title 42.

History of Section. P.L. 1986, ch. 466, § 1; P.L. 1987, ch. 383, § 1; P.L. 1988, ch. 129, art. 5, § 1; P.L. 2008, ch. 98, § 59; P.L. 2008, ch. 145, § 59.

45-13-6. Purpose.

It is the purpose of §§ 45-13-7 45-13-10 , to control state mandates on towns and cities, to identify and report on all state mandates, and to establish a system for the reimbursement to towns and cities for the cost of state mandates.

History of Section. P.L. 1979, ch. 298, § 3.

Compiler’s Notes.

Section 2 of P.L. 1982, ch. 287 provides that this chapter shall not be construed to impose state mandated costs pursuant to §§ 45-13-6 and 45-13-7 .

45-13-7. State mandated costs defined.

“State mandate” means any state initiated statutory or executive action or rule, regulation or policy adopted by a state department or agency or a quasi-public department or agency that requires a local government to establish, expand, or modify its activities in a way as to necessitate additional expenditures from local government revenue sources where the expenditures are not otherwise reimbursed in whole. For the purpose of this chapter, a “state mandate” shall also mean any requirement, rule, or dictate by a regulator of a state agency. When state statutory, executive, or regulator actions or rules, regulations or policies are intended to achieve compliance with federal statutes or regulations or court orders, state mandates shall be determined as follows:

  1. Where the federal statute or regulations or court order is discretionary, the state statutory, executive, or regulator action shall be considered a state mandate for the purposes of §§ 45-13-7 45-13-10 .
  2. Where the state statutory, executive, or regulator action or rule, regulation or policy exceeds what is required by the federal statute or regulation or court order, only the provisions of the state action which exceed the federal requirements shall be considered a state mandate for the purposes of §§ 45-13-7 45-13-10 .
  3. Where the state statutory, executive, or regulator action or rule, regulation or policy does not exceed what is required by the federal statute or regulation or court order, the state action shall not be considered a state mandate for the purposes of §§ 45-13-7 45-13-10 .
  4. Where the cost of a single state mandate does not exceed the sum of five hundred dollars ($500) the state mandate shall not be reimbursable.

History of Section. P.L. 1979, ch. 298, § 3; P.L. 1987, ch. 118, art. 19, § 1; P.L. 1987, ch. 213, § 2; P.L. 1988, ch. 129, art. 7, § 1; P.L. 2006, ch. 246, art. 39, § 2; P.L. 2006, ch. 253, § 6.

Cross References.

Sections 45-13-7 45-13-10 inapplicable, §§ 16-16-40 , 36-10-35 .

45-13-8. Reports.

  1. The department of revenue in consultation and cooperation with towns and cities shall maintain:
    1. An identification of state mandates created by statute since January 1, 1970;
    2. Specific identification of all state mandates established since July 1, 1979 which are subject to reimbursement in accordance with § 45-13-9 , and the cost of each of these mandates to each city and town.
  2. The department of revenue shall annually by January 1 issue a report identifying the state’s mandates established during the preceding July 1 — June 30 period and stating the cost by city and town of all state mandates established after January 1, 1979, for the next preceding July 1 — June 30 period. The department of revenue shall annually issue to cities and towns a comprehensive listing of all state mandates established after January 1, 1979.
    1. Statutes and regulations containing state mandates shall include items eligible for reimbursement; however, failure to include these items shall not exempt any state mandates not otherwise exempted from the provisions of §§ 45-13-7 45-13-10 .
    2. Cities and towns shall submit to the department of revenue in any form that may be established by the department, a report of the cost of each state mandate established after January 1, 1979, to the city or town. The reports shall be submitted by April 1 each year and shall state costs incurred by the city or town during the preceding July 1 — June 30 period.
    3. The reports of cities and towns requesting reimbursement for state mandates are subject to audit procedures established under § 45-10-5.1 .
  3. The department of revenue shall issue by January 1, 1988 and by January 1 of each fourth (4th) year thereafter, a report to the governor and the general assembly recommending the modification or repeal of existing state mandates which are deemed to be inappropriate or obsolete and citing the reason for the recommendation on the fourth (4th) year anniversary of those state mandates. This report shall be prepared by the Rhode Island division of property valuation and municipal finance within the department of revenue in consultation and cooperation with the affected state agencies and the Rhode Island League of Cities and Towns and the Rhode Island Association of School Committees.
  4. All reports issued by the department of revenue in accordance with this subsection shall be adopted by rule as provided for in chapter 35 of title 42.

History of Section. P.L. 1979, ch. 298, § 3; P.L. 1986, ch. 198, § 52; P.L. 1987, ch. 213, § 2; P.L. 2006, ch. 253, § 6; P.L. 2008, ch. 98, § 59; P.L. 2008, ch. 145, § 59.

Cross References.

Supplying of financial information to state required, § 22-12-5 .

45-13-9. Reimbursement to cities and towns and school districts for the costs of state mandates.

    1. The department of revenue shall submit to the budget office by October 1 of each year, a report by each city and town, of the cost of state mandates established after January 1, 1979, to be reimbursed for the next preceding July 1 — June 30 period.
    2. The budget office shall annually include the statewide total of the statement of costs of state mandates eligible to be reimbursed in the state budget for the next fiscal year for consideration by the governor in preparing a final budget proposal for submission to the general assembly in accordance with § 35-3-7 of the General Laws; provided, that any costs resulting from the rules and regulations of state departments or agencies shall be allocated to the budgets of those departments or agencies.
  1. The state treasurer shall in July of each year distribute to cities and towns the reimbursements for state mandated costs as may be appropriated by the general assembly.

History of Section. P.L. 1979, ch. 298, § 3; P.L. 1986, ch. 198, § 52; P.L. 1987, ch. 213, § 2; P.L. 1988, ch. 84, § 102; P.L. 1994, ch. 123, § 1; P.L. 1995, ch. 275, § 2; P.L. 2006, ch. 253, § 6; P.L. 2008, ch. 9, art. 17, § 1; P.L. 2008, ch. 98, § 59; P.L. 2008, ch. 145, § 59.

45-13-9.1. Future mandates.

No mandate shall be enacted or promulgated after July 1, 2006, unless the body enacting or promulgating the same shall first, after public hearing, determine the cost of the proposed mandate to the city, town or school districts of the state. Any rule, regulation or policy adopted by state departments, agencies or quasi-state departments or agencies which require any new expenditure of money or increased expenditure of money by a city, town or school district shall take effect on July 1 of the calendar year following the year of adoption. Provided, however, should funding be provided for the said expenditure, then such rule, regulation or policy shall take effect upon adoption.

History of Section. P.L. 2006, ch. 246, art. 39, § 3.

45-13-9.2. Postponement of effective date.

Whenever it shall be determined by the governor that the postponement of the effective date of rules, regulations or policies of state departments, agencies or quasi-state departments or agencies, shall cause an emergency situation which imperils the public’s safety or public’s health, the governor may by executive order suspend the operation of, in whole or in part, § 45-13-9.1 and such order shall remain in effect until it is rescinded by a subsequent executive order.

History of Section. P.L. 2006, ch. 246, art. 39, § 3.

45-13-10. Exemptions from reimbursement.

  1. State mandates not subject to reimbursement includes:
    1. The holding of elections;
    2. The assurance of due process;
    3. The notification and conduct of public meetings;
    4. The procedures for administrative and judicial review of actions taken by cities and towns;
    5. The protection of the public from malfeasance, misfeasance, or nonfeasance by local government officials;
    6. Financial administration, including the levy, assessment, and collection of taxes; and
    7. The preparation and submission of reports necessary for the efficient administration of state laws.
  2. All statutes having a fiscal impact on cities and towns shall include a provision stating whether these statutes conform to the definition and exemptions prescribed by §§ 45-13-7 45-13-10 .
  3. Provided further that none of the provisions of §§ 45-13-7 45-13-10 are applied in a manner inconsistent with state law.

History of Section. P.L. 1979, ch. 298, § 3.

45-13-11. Severability.

The invalidity of any section or sections or parts of any section or sections shall not affect the validity of the remainder of §§ 45-13-6 45-13-11 .

History of Section. P.L. 1979, ch. 298, § 6.

45-13-11.1. Excuse, avoidance or suspension of reimbursement requirements.

The provisions of §§ 45-13-6 45-13-10 of this chapter may be excused, avoided or suspended only by law enacted by the affirmative vote of three-fifths (3/5) of the full membership of each house of the general assembly.

History of Section. P.L. 2006, ch. 253, § 7.

45-13-12. Distressed communities relief fund.

  1. There is established a fund to provide state assistance to those Rhode Island cities and towns that have the highest property tax burdens relative to the wealth of taxpayers.
  2. Establishment of indices.  Four (4) indices of distress shall be established to determine eligibility for the program. Each community shall be ranked by each distress index and any community that falls into the lowest twenty percent (20%) of at least three (3) of the four (4) indices shall be eligible to receive assistance. The four (4) indices are established as follows:
    1. Percent of tax levy to full value of property.  This shall be computed by dividing the tax levy of each municipality by the full value of property for each municipality. For the 1990-91 fiscal year, tax levy and full value shall be as of the assessment date December 31, 1986.
    2. Per capita income.  This shall be the most recent estimate reported by the U.S. Department of Commerce, Bureau of the Census.
    3. Percent of personal income to full value of property.  This shall be computed by multiplying the per capita income above by the most recent population estimate as reported by the U.S. Department of Commerce, Bureau of the Census, and dividing the result by the full value of property.
    4. Per capita full value of property.  This shall be the full value of property divided by the most recent estimate of population by the U.S. Department of Commerce, Bureau of the Census.
  3. Distribution of funds.  Funds shall be distributed to each eligible community on the basis of the community’s tax levy relative to the total tax levy of all eligible communities. For the fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of December 31, 1988. For each fiscal year thereafter, except for fiscal year 2007-2008, the reference year and the fiscal year shall bear the same relationship. For the fiscal year 2007-2008, the reference year shall be the same as for the distributions made in fiscal year 2006-2007.

    Any newly qualifying community shall be paid fifty percent (50%) of current law requirements the first year it qualifies. The remaining fifty percent (50%) shall be distributed to the other distressed communities proportionately. When any community falls out of the distressed community program, it shall receive a one-time payment of fifty percent (50%) of the prior year requirement exclusive of any reduction for first-year qualification; however, in the event that the total appropriation is increased from the prior year’s appropriation, each eligible community shall receive: (1) A distribution based on the community’s tax levy relative to the total tax levy of all eligible communities; and (2) A percentage of the amount of said increased appropriation which percentage shall be calculated based on a community’s distribution relative to the total increase in the appropriation. The community shall be considered a distressed community in the fall-out year.

  4. Appropriation of funds.  The state of Rhode Island shall appropriate funds in the annual appropriations act to support this program. For each of the fiscal years ending June 30, 2011, June 30, 2012, and June 30, 2013, seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each qualifying distressed community.
  5. Payments.  Payments shall be made to eligible communities each August.
  6. Mandatory participation for collection of debts.  Any community determined to be a distressed community under this chapter shall, within three (3) months of said determination, contract with the tax administrator, in accordance with § 42-142-7 , to allow the tax administrator to collect outstanding liabilities owed to the distressed community. The division of municipal finance shall determine which of said liabilities shall be subject to the collection by the tax administrator.

History of Section. P.L. 1990, ch. 65, art. 66, § 1; P.L. 1993, ch. 138, art. 76, § 1; P.L. 1995, ch. 370, art. 40, § 153; P.L. 1996, ch. 176, § 2; P.L. 2004, ch. 595, art. 16, § 2; P.L. 2005, ch. 117, art. 11, § 2; P.L. 2007, ch. 73, art. 25, § 1; P.L. 2011, ch. 151, art. 12, § 11; P.L. 2012, ch. 241, art. 16, § 2; P.L. 2016, ch. 142, art. 8, § 4.

45-13-13. Repealed.

Repealed Sections.

This section (P.L. 2000, ch. 55, art. 19, § 6), concerning adjustments to tax levy, assessed value, and full value when computing state aid, was repealed by P.L. 2005, ch. 117, art. 13, § 10, effective July 1, 2005.

45-13-14. Adjustments to tax levy, assessed value, and full value when computing state aid.

  1. Whenever the director of revenue computes the relative wealth of municipalities for the purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12 , he or she shall base it on the full value of all property except:
    1. That exempted from taxation by acts of the general assembly and reimbursed under § 45-13-5.1 of the general laws, which shall have its value calculated as if the payment in lieu of tax revenues received pursuant to § 45-13-5.1 , has resulted from a tax levy;
    2. That whose tax levy or assessed value is based on a tax treaty agreement authorized by a special public law or by reason of agreements between a municipality and the economic development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not have its value included;
    3. That whose tax levy or assessed value is based on tax treaty agreements or tax stabilization agreements in force prior to May 15, 2005, which shall not have its value included;
    4. That which is subject to a payment in lieu of tax agreement in force prior to May 15, 2005;
    5. Any other property exempt from taxation under state law; or
    6. Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space Land.
  2. The tax levy of each municipality and fire district shall be adjusted for any real estate and personal property exempt from taxation by act of the general assembly by the amount of payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating to property tax from certain exempt private and state properties, and for any property subject to any payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such agreements.
  3. Fire district tax levies within a city or town shall be included as part of the total levy attributable to that city or town.
  4. The changes as required by subsections (a) through (c) of this section shall be incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008 and thereafter.

History of Section. P.L. 2005, ch. 117, art. 11, § 3; P.L. 2008, ch. 98, § 59; P.L. 2008, ch. 145, § 59.

Chapter 13.1 State-Local Relations Commission

45-13.1-1. Findings and purpose.

The legislature finds and declares that there is a need for a permanent intergovernmental body to strengthen and facilitate relationships between the state government, the cities and towns, the school districts, and other local governments in the state, including, but not limited to, the following:

  1. Perform the functions and roles of:
    1. Providing a forum for discussion of long-range state-local issues;
    2. Promoting experimentation in intergovernmental processes, both state-local and inter-local;
    3. Developing possible solutions, including reviewing and proposing legislative remedies, for state-local problems; and
    4. Providing opportunities for local government officials to become more knowledgeable about their duties and responsibilities and the powers and functions of state and local government.
  2. Study and report on issues like:
    1. The existing, necessary, and desirable relationships between and among local governments, school districts, and the state;
    2. The powers and functions of local governments and school committees, especially the adequacy of their fiscal resources to effectuate the powers and functions of local government and to adequately fund local education;
    3. The existing, necessary, and desirable allocation of state and local responsibilities and fiscal resources;
    4. Emerging local problems and the role of the state government concerning them;
    5. Impact of federal or state judicial decisions or the impact of existing or proposed federal, state legislative, or executive policies upon the capacities and effectiveness of local governments;
    6. The special problems in interstate areas facing the local governments, intrastate regional units, and areawide bodies, studies where possible to be conducted in conjunction with those of a pertinent sister state commission(s);
    7. Any constitutional amendments and statutory enactments required to implement proposals of the commission; and
    8. The impact of federal and state mandates on school districts and local governments.

History of Section. P.L. 1988, ch. 133, § 1; P.L. 1989, ch. 75, § 1; P.L. 2003, ch. 232, § 1; P.L. 2003, ch. 248, § 1.

45-13.1-2. Commission created.

There is created the Stephen J. Anderson commission on state-local relations commission (SLRC), “the commission”.

History of Section. P.L. 1988, ch. 133, § 1; P.L. 2003, ch. 232, § 1; P.L. 2003, ch. 248, § 1.

45-13.1-3. Membership.

  1. The commission shall be composed of seventeen (17) members, as follows:
    1. The president of the Rhode Island League of Cities and Towns or his or her designee, and the president of the Rhode Island Association of School Committees, or his or her designee;
    2. Three (3) state executive officials appointed by the governor, one of whom is the chief of the office of municipal affairs in the department of administration, division of planning;
    3. Three (3) state representatives appointed by the speaker of the house, not more than two (2) from the same political party;
    4. Two (2) state senators, or other persons appointed by the president of the senate, not more than one from the same political party;
    5. The executive director for the League of Cities and Towns, and the executive director of the Rhode Island Public Expenditure Council and the executive director of the Rhode Island Association of School Committees;
    6. One member who shall represent local school committees to be appointed by the speaker of the house, and one member who shall represent local school committees to be appointed by the president of the senate;
    7. Two (2) members who shall represent local municipal governments, one member to be appointed by the speaker of the house and one member who shall be appointed by the president of the senate.
  2. The members of the commission shall elect a chairperson, a vice chairperson, and a secretary by a majority vote of the commission.
  3. Should any member cease to be an elected official, officer, or employee of the unit or agency he or she is appointed to represent, his or her membership on the commission shall terminate immediately and a new member shall be appointed in the same manner as his or her predecessor to fill the unexpired term.
  4. The commission shall be subject to review by the legislative oversight commission as defined in chapter 14 of title 22.

History of Section. P.L. 1988, ch. 133, § 1; P.L. 2001, ch. 180, § 142; P.L. 2003, ch. 232, § 1; P.L. 2003, ch. 248, § 1.

45-13.1-4. Functions and duties.

In addition to the activities listed in § 45-13.1-1 , the commission shall carry out these further functions and duties:

  1. Encourage, and where appropriate, receive and review studies relating to intergovernmental relations conducted by universities, state, local, and federal agencies, and research and consulting organizations;
  2. Conduct educational seminars and informational conferences on selected intergovernmental and state and local issues, including the duties and responsibilities of local officials and the powers and functions of state and local government. The staff of the general assembly shall provide assistance and support services to the commission in planning and implementing seminars and conferences;
  3. Review the recommendations of national commissions studying federal, state, and local government relationships and problems, and assess their possible application to Rhode Island;
  4. Engage in other activities and make studies and investigations that are necessary or desirable in the accomplishment of the purposes set forth in § 45-13.1-1 ; and
  5. In the conduct of its work, rely to the extent appropriate, upon research data, studies, and other resources of public and private educational and research organizations in the state and elsewhere.

History of Section. P.L. 1988, ch. 133, § 1; P.L. 1989, ch. 75, § 1.

45-13.1-5. Meetings, hearings, committees.

  1. The commission shall hold meetings at least quarterly and at other times that it deems necessary. The commission may hold public hearings from time to time on matters within its purview.
  2. Each officer, board, commission, council, department, or agency of state government, and each political subdivision of the state, shall make available all facts, records, information, and data requested by the commission, and in all ways cooperate with the commission in carrying out the functions and duties imposed by this chapter.
  3. The commission may establish committees as it deems advisable and feasible, whose membership shall include at least one member of the commission, but only the commission as a whole may take official commission action.
  4. All meetings of the commission, or any committee of the commission, at which public business is discussed or formal action is taken shall conform to chapter 46 of title 42.

History of Section. P.L. 1988, ch. 133, § 1.

45-13.1-6. Finances.

The commission is authorized to apply for, contract for, receive, and expend for its purposes any appropriations or grants from the state, its political subdivisions, the federal government, or any other source, public or private.

History of Section. P.L. 1988, ch. 133, § 1.

45-13.1-7. Reports.

The commission shall issue reports of its findings and recommendations from time to time, and shall issue annually a public report on its work. Copies of the annual report shall be submitted to the governor, speaker of the house of representatives, president of the senate, city, and other political subdivisions of the state, and appropriate state departments and agencies. Reports of the commission shall be available to the public.

History of Section. P.L. 1988, ch. 133, § 1.

45-13.1-8. Severability.

If any provision of this chapter or any rule or regulation made under this chapter, or the application of this chapter to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and application of the provision to other persons or circumstances shall not be affected. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1988, ch. 133, § 1.

Chapter 13.2 Municipal Incentive Aid

45-13.2-1. Short title.

This chapter shall be known as the “Municipal Incentive Aid Act.”

History of Section. P.L. 2013, ch. 144, art. 11, § 1.

45-13.2-2. Legislative findings.

It is hereby found and declared as follows:

  1. The fiscal health of its municipalities is of paramount importance to the state of Rhode Island;
  2. Local municipalities in Rhode Island are facing ever-increasing costs for retirement related expenses;
  3. Retirement plans represent significant cost drivers for municipal budgets;
  4. Many municipalities currently have significantly under-funded retirement plans;
  5. These unfunded liabilities either jeopardize or threaten to jeopardize the fiscal stability of municipalities;
  6. Fiscal instability in a municipality adversely affects the state’s financial interests; and
  7. Local municipalities should be encouraged to improve the sustainability of their retirement plans by reducing the unfunded liabilities thereunder and by funding the plans in a fiscally responsible manner.

History of Section. P.L. 2013, ch. 144, art. 11, § 1.

45-13.2-3. Definitions.

For purposes of this chapter “municipality” means any city or town of the state.

History of Section. P.L. 2013, ch. 144, art. 11, § 1.

45-13.2-4. State Aid Incentive Program appropriated.

There are hereby appropriated funds for a state aid program entitled “Municipal Incentive Aid Program.” For fiscal year 2014, fiscal year 2015 and fiscal year 2016, the amount of five million dollars ($5,000,000) shall be appropriated. Municipal Incentive Aid shall be administered and managed by the division of municipal finance within the department of revenue.

History of Section. P.L. 2013, ch. 144, art. 11, § 1; P.L. 2014, ch. 145, art. 2, § 1.

Retroactive Effective Dates.

P.L. 2014, ch. 145, art. 2, § 4, provides that the amendment to this section by that act takes effect on July 1, 2015 and shall be retroactive to July 1, 2013.

45-13.2-5. Purpose of the Municipal Incentive Aid Program.

The purpose of this Municipal Incentive Aid program, shall be to encourage municipalities to improve the sustainability of their retirement plans and to reduce unfunded liabilities thereunder, by providing additional state aid to those municipalities that comply with the requirements and provisions of this chapter.

History of Section. P.L. 2013, ch. 144, art. 11, § 1.

45-13.2-6. Distributions.

  1. Municipal Incentive Aid described in this chapter shall be distributed to eligible municipalities on the basis of the most recent population estimate for each municipality as a share of the total state population reported by the U.S. Department of Commerce, Bureau of the Census as of January 1 in the year of the payment. Such payments shall be made to eligible communities in March of each year to the extent that funds are appropriated.
  2. For fiscal year 2014, municipalities shall be eligible to receive aid under this chapter if: (1) the municipality has no locally-administered pension; or (2) the municipality notified plan participants, beneficiaries and others pursuant to chapter 65 of this title, and submitted to the state’s department of revenue a Funding Improvement Plan (“FIP”), pursuant to § 45-65-6 , for every locally-administered pension plan in that municipality, and each FIP had been approved by the plan sponsor and the local governing body no later than June 1, 2013; or (3) there existed a locally-administered pension plan(s) in that municipality, but either: (i) no FIP was required pursuant to chapter 65 of this title; or (ii) a FIP is required pursuant to chapter 65 of this title, but, the due date for the FIP submission is after the March payment of state aid.
  3. For fiscal year 2015 and each fiscal year thereafter that municipal incentive aid is distributed to eligible municipalities under this chapter, municipalities shall be eligible to receive aid under this chapter, if: (1) the municipality has no locally-administered pension; or (2) the municipality has transitioned all locally-administered pension plans into MERS by June 30, 2014; or (3) the municipality had notified plan participants, beneficiaries and others pursuant to chapter 65 of this title and had submitted to the state’s department of revenue a FIP, pursuant to chapter 65 of this title, for every locally-administered pension plan and each submitted FIP meets the guidelines of the Study Commission on Locally-Administered Pension Plans created pursuant to § 45-65-8 or otherwise applicable guidelines or regulations and each FIP has been approved by the plan sponsor and the local governing body; or (4) the municipality has implemented the original recommended FIP or an amended FIP pursuant to chapter 65 of this title within one month after the close of the fiscal year and made the required funding payment (formerly referred to as Annually Required Contribution, or ARC) in compliance with the municipality’s adopted FIP(s) and the funding guidelines established by the Pension Study Commission and the FIPs are approved by the plan sponsor and the local governing body; or (5) there existed a locally-administered pension plan in that municipality, but either: (i) no FIP was required pursuant to chapter 65 of this title and either: (A) the municipality is funding one hundred percent (100%) of its required funding payment; or (B) the municipality has a funded ratio of one hundred percent (100%) or greater; or (ii) FIP is required pursuant to chapter 65 of this title, however, the due date for the FIP submission or implementation is after the March payment of this municipal incentive aid.
  4. For fiscal year 2014, and in any year thereafter that a municipality is not eligible to receive a distribution under this chapter, the distribution that said municipality would have received had it been eligible shall be reappropriated to the immediately following fiscal year, at which time the amount reappropriated shall be distributed to said municipality provided that said municipality has satisfied the eligibility requirements of both the prior fiscal year and the then current fiscal year. In the event that said municipality fails to satisfy the eligibility requirements for the prior and the then current fiscal year by the time that eligibility to receive distributions in the next fiscal year is determined, then the amount that would have been distributed to the municipality for said prior year will be distributed in the month of May among the municipalities that received a distribution in the prior fiscal year, with the share to be received by each municipality calculated in the same manner as distributions were calculated in the prior fiscal year.

History of Section. P.L. 2013, ch. 144, art. 11, § 1; P.L. 2014, ch. 145, art. 2, § 1.

Retroactive Effective Dates.

P.L. 2014, ch. 145, art. 2, § 4, provides that the amendment to this section by that act takes effect on July 1, 2015 and shall be retroactive to July 1, 2013.

Chapter 14 Sewage Charges

45-14-1. Power to assess charges against users.

In addition to the powers, privileges, prerogatives, and authority that are now granted to each city and town, or any agency of a city or town, in connection with sewers or sewer systems of these municipalities, each city and town is authorized and empowered to enact ordinances assessing users of sewers or sewer systems of the cities and towns, a charge for the use of the sewers or sewer systems in an amount that bears a reasonable relation to the cost to the city or town of the service rendered to the users. All unpaid charges shall be a lien upon the real estate of the users, and the lien created hereby shall be a lien upon the house, building, tenement, lands and estate of the user in the same way and manner as taxes assessed on real estate are liens, and if not paid as required by each city and town shall be collected in the same manner that taxes assessed upon real estate are by law collected.

History of Section. P.L. 1947, ch. 1836, § 1; G.L. 1956, § 45-14-1 ; P.L. 1978, ch. 307, § 1; P.L. 1989, ch. 355, § 1; P.L. 1997, ch. 207, § 1; P.L. 1997, ch. 334, § 1; P.L. 2002, ch. 24, § 1; P.L. 2002, ch. 94, § 1; P.L. 2008, ch. 36, § 1; P.L. 2008, ch. 47, § 1; P.L. 2008, ch. 360, § 1; P.L. 2009, ch. 114, § 1; P.L. 2009, ch. 144, § 1.

Compiler’s Notes.

P.L. 2008, ch. 36, § 2, provides: “Notwithstanding the provisions of Rhode Island general laws § 45-14-1 , the Cumberland town council may, by ordinance set fees related to the connection of newly installed town sewer lines. Such fees may be set to gradually increase over a set period of time.”

P.L. 2008, ch. 47, § 2, provides: “Notwithstanding the provisions of Rhode Island general laws § 45-14-1 , the Cumberland town council may, by ordinance set fees related to the connection of newly installed town sewer lines. Such fees may be set to gradually increase over a set period of time.”

P.L. 2009, ch. 114, § 1, and P.L. 2009, ch. 144, § 1, enacted identical amendments to this section.

Cross References.

Narragansett Bay water quality management district commission, assessments by, §§ 46-25-21 46-25-22.1 .

Comparative Legislation.

Sewage charges and assessments:

Conn. Gen. Stat. § 7-255.

Mass. Ann. Laws ch. 83, §§ 14 — 24.

NOTES TO DECISIONS

In General.

Generally a sewer charge is not regarded as a tax. Costello v. Ricci, 121 R.I. 509 , 401 A.2d 38, 1979 R.I. LEXIS 1808 (1979).

A municipality’s adoption of a home rule charter did not give the municipality the authority to charge sewer users for capital improvements to the sewer system, payment of debt service, or maintenance of a surplus/contingency fund. Newport Court Club v. Town Council of Middletown, 716 A.2d 787, 1998 R.I. LEXIS 271 (1998).

Notice.

This chapter does not require prior notice or hearing. Costello v. Ricci, 121 R.I. 509 , 401 A.2d 38, 1979 R.I. LEXIS 1808 (1979).

Reasonable Relation of Cost.

The plaintiffs did not sustain their burden of proving that the sewer charge was unfair and discriminatory because apartment units were charged a flat annual sum while industrial users were charged on a flow basis, where there was no evidence introduced to support the contention, nor was there any portion of the agreed statement of facts which would have buttressed the assertion that the annual rate for apartment units did not bear a reasonable relationship to the rendered service. Costello v. Ricci, 121 R.I. 509 , 401 A.2d 38, 1979 R.I. LEXIS 1808 (1979).

User Repair.

Where the user of a sewer system had to repair a damaged portion of the town’s sewer line he had the right to recover from the town in quasi-contract. Hurdis Realty v. North Providence, 121 R.I. 275 , 397 A.2d 896, 1979 R.I. LEXIS 1770 (1979).

45-14-1.1. Recording of sewer system.

Starting on January 1, 2012, all cities and towns that own, operate, manage or control a sewer system shall require as-built drawings and plans on any new sewer main extension to be submitted to the sewer authority. In addition, an as-built record drawing and plans shall be submitted to the sewer authority for any sewer main upgrade or repair that deviates in horizontal or vertical alignment from the existing sewer main horizontal or vertical alignment. The preparation and submission of such as-built drawings and plans shall be the responsibility of the person that each city and town has designated either by ordinance or by contract. All cities and towns shall determine the form in which such drawings and plans shall be submitted.

History of Section. P.L. 2009, ch. 92, § 3; P.L. 2009, ch. 103, § 3.

Compiler’s Notes.

P.L. 2009, ch. 92, § 3, and P.L. 2009, ch. 103, § 3, enacted identical versions of this section.

Effective Dates.

P.L. 2009, ch. 92, § 5, provides that the enactment of this section by that act takes effect on November 1, 2009.

P.L. 2009, ch. 103, § 5, provides that the enactment of this section by that act takes effect on November 1, 2009.

45-14-2. Adoption of implementing provisions.

Each city and town may by ordinance define the person or persons, firm, corporation, partnership, individual, assignee, trustee, or other person upon whom a charge is assessed, and may adopt any other ordinances, rules, or regulations that may be necessary to carry out the provisions of this chapter, and may impose a penalty or penalties for any violation of the ordinance, rule, or regulation.

History of Section. P.L. 1947, ch. 1836, § 2; G.L. 1956, § 45-14-2 .

45-14-3. Use charges supplemental.

This chapter is not to be construed as revoking, altering, or amending any provisions of law for sewer assessment now lawfully assessed by any city or town, but it is to be construed as authorizing a charge for the use of those sewers or sewer systems for disposal purposes, and in addition to all other sewer assessments now lawfully imposed by the city or town, under the provisions of any general, public or special law, charter, act, or resolve, and any ordinance now in effect.

History of Section. P.L. 1947, ch. 1836, § 3; G.L. 1956, § 45-14-3 .

NOTES TO DECISIONS

In General.

Generally a sewer charge is not regarded as a tax. Costello v. Ricci, 121 R.I. 509 , 401 A.2d 38, 1979 R.I. LEXIS 1808 (1979).

A municipality’s adoption of a home rule charter did not give the municipality the authority to charge sewer users for capital improvements to the sewer system, payment of debt service, or maintenance of a surplus/contingency fund. Newport Court Club v. Town Council of Middletown, 716 A.2d 787, 1998 R.I. LEXIS 271 (1998).

Notice.

This chapter does not require prior notice or hearing. Costello v. Ricci, 121 R.I. 509 , 401 A.2d 38, 1979 R.I. LEXIS 1808 (1979).

45-14-4. Providence school appropriation law inapplicable.

The provisions of § 9 of chapter 680 of the Public Laws of 1925, entitled “An Act Relating to the Management and Support of the Public Schools of the City of Providence”, does not apply to any revenue collected under the terms of this chapter.

History of Section. P.L. 1947, ch. 1836, § 4; G.L. 1956, § 45-14-4 .

45-14-5. Disposition of proceeds.

All revenue derived from the assessment of charges authorized by the provisions of this chapter, or by the provisions of chapter 1734 of the Public Laws, 1946, shall be expended only for the maintenance, repair, replacement, expansion, or operation of the sewer system and sewage disposal or treatment works of the cities and towns, and/or for the payment of charges made against the cities and towns for the disposal and/or treatment of their sewage.

History of Section. P.L. 1947, ch. 1836, § 5; G.L. 1956, § 45-14-5 .

45-14-6. Agreements as to sewage disposal.

This chapter shall not impair any existing or future agreements between any city or town, with reference to sewage disposal.

History of Section. P.L. 1947, ch. 1836, § 6; G.L. 1956, § 45-14-6 .

45-14-7. Severability.

If any part, subdivision, or section of this chapter is declared unconstitutional, the validity of the remaining parts shall not be affected.

History of Section. P.L. 1947, ch. 1836, § 7; G.L. 1956, § 45-14-7 .

45-14-8. City of Woonsocket — Interest on delinquent payments.

Notwithstanding the provisions of any general or public law to the contrary, the city of Woonsocket or any agency of the city may charge interest on delinquent payments for sewer assessment or sewer service charges at a rate not exceeding eighteen percent (18%) per annum.

History of Section. P.L. 1982, ch. 143, § 4; P.L. 1982, ch. 343, § 4.

Chapter 15 Actions by and Against Towns

45-15-1. Corporate capacity of towns.

The inhabitants of every town shall continue to be a body corporate, and may, in their corporate name, sue and be sued, prosecute and defend, in any court and elsewhere.

History of Section. G.L. 1896, ch. 36, § 1; G.L. 1909, ch. 46, § 1; G.L. 1923, ch. 47, § 1; G.L. 1938, ch. 352, § 1; G.L. 1956, § 45-15-1 .

Cross References.

Workers’ compensation law, application to cities and towns, § 28-29-4 .

Comparative Legislation.

Actions by and against towns:

Conn. Gen. Stat. § 52-73.

Mass. Ann. Laws ch. 40, § 2 et seq.

NOTES TO DECISIONS

Effect of Suit Against Treasurer.

In view of this section and § 45-15-5 , a suit against the town treasurer was in substance and legal effect a suit against the town and the judgment recovered was a judgment against such town. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Form of Suit.

A suit on a claim against a city thereon may be filed against the treasurer for collection, but in no case may such actions be brought against the town or city in its corporate name. Valcourt v. Providence, 18 R.I. 160 , 26 A. 45, 1892 R.I. LEXIS 26 (1892).

Grantee in Corporate Capacity.

A deed to a school district to hold the same for the inhabitants of the school district for school purposes was a conveyance to the inhabitants in their corporate capacity as a school district. East Greenwich v. Gimmons, 34 R.I. 526 , 84 A. 1008, 1912 R.I. LEXIS 79 (1912).

Collateral References.

Liability of local government entity for injury resulting from use of outdoor playground equipment at municipally-owned park or recreation area. 73 A.L.R.4th 496.

45-15-2. Suits in name of town.

Every civil action brought by a town shall be brought in the name of the town unless otherwise directed specially by law.

History of Section. G.L. 1896, ch. 36, § 19; G.L. 1909, ch. 46, § 19; G.L. 1923, ch. 47, § 20; G.L. 1938, ch. 352, § 2; G.L. 1956, § 45-15-2 .

Cross References.

Action against dog owner for indemnity of damages paid, § 4-13-22 .

Master plumber’s bond to indemnify city, § 5-20-18 .

Law Reviews.

2006 Survey of Rhode Island Law: Case: Civil Procedure: East Providence School Committee v. Smith, 896 A.2d 49 (R.I. 2006), see 12 Roger Williams U. L. Rev. 486 (2007).

NOTES TO DECISIONS

In General.

A town sergeant cannot file an action in behalf of the town, though authorized to do so by vote of the town council, since the town itself is the only one authorized to file a complaint. East Greenwich v. Guenond, 32 R.I. 224 , 78 A. 1015, 1911 R.I. LEXIS 15 (1911).

After it was determined that parents’ claim of dual residency for purposes of school attendance lacked merit under R.I. Gen. Laws § 16-64-6 , a separate action by the school district for reimbursement of tuition should have been dismissed, as the committee lacked standing under R.I. Gen. Laws § 45-15-2 to bring suit in its own name against the parents; rather, a suit could have been brought against the parents by the municipality, however, the Legislature did not vest such authority in the committee in tuition-reimbursement circumstances. E. Providence Sch. Comm. v. Smith, 896 A.2d 49, 2006 R.I. LEXIS 64 (2006).

Collateral References.

Substitution by amendment of municipality for officer or board as plaintiff in action. 135 A.L.R. 338.

45-15-3. Costs in prosecutions for ordinance violations.

Officers elected by a town to prosecute for violations of the town’s ordinances, bylaws, and regulations are not required to give surety for costs upon complaints made by them, but the town is directly liable to the state for costs incurred in the prosecution.

History of Section. G.L. 1896, ch. 39, § 21; G.L. 1909, ch. 49, § 21; G.L. 1923, ch. 50, § 21; G.L. 1938, ch. 332, § 17; G.L. 1956, § 45-15-3 .

Cross References.

Actions on penal statutes, § 12-21-5 .

45-15-4. Prosecutions by director of public welfare.

The director of public welfare of any town or city, or any officer in any town or city, performing the duties of the director of public welfare, may prosecute any person violating the provisions of any law, when given authority by law or ordinance to so prosecute. Whenever any prosecution takes place the director of public welfare is not required to give surety for the payment of costs.

History of Section. G.L. 1909, ch. 49, § 24; P.L. 1922, ch. 2194, § 1; G.L. 1923, ch. 50, § 24; G.L. 1938, ch. 332, § 20; G.L. 1956, § 45-15-4 .

45-15-5. Presentment to council of claim or demand against town.

Every person who has any money due him or her from any town or city, or any claim or demand against any town or city, for any matter, cause, or thing whatsoever, shall take the following method to obtain what is due: The person shall present to the town council of the town, or to the city council of the city, a particular account of that person’s claim, debt, damages, or demand, and how incurred or contracted; which being done, in case just and due satisfaction is not made to him or her by the town or city treasurer of the town or city within forty (40) days after the presentment of the claim, debt, damages, or demand, the person may commence his or her action against the treasurer for the recovery of the complaint.

History of Section. G.L. 1896, ch. 36, § 12; G.L. 1909, ch. 46, § 12; G.L. 1923, ch. 47, § 13; G.L. 1938, ch. 352, § 3; G.L. 1956, § 45-15-5 .

Cross References.

Workers’ compensation claims, collection or settlement, §§ 28-31-4 , 28-31-6 .

NOTES TO DECISIONS

Bicameral Council.

Presentment of claim to mayor and board of aldermen was not a compliance with this section. Whalen v. Bates, 19 R.I. 274 , 33 A. 224, 1895 R.I. LEXIS 73 (1895).

Challenges to Allowed Claims.

When the town council determines that a claim should be paid, the town treasurer or the town administrator or other administrative officers have no standing to assert a dispute about the appropriateness of the claim. Depault v. Paine, 526 A.2d 858, 1987 R.I. LEXIS 516 (1987).

Civil Awards.

When the city was ordered to pay legal fees because an error was made by its agent in a tax sale, this section was nonetheless applicable and should have been followed. Shackleton v. Coffee 'An Serv., 657 A.2d 544, 1995 R.I. LEXIS 106 (1995).

Declaration of Rights and Liabilities.

The legislature, in enacting this section by speaking in terms of “claim,” “debt,” “damages,” or “demand,” was using these words in a monetary context. Consequently, a claim such as one for a declaration of rights and liabilities does not come within the reach of the statute. State v. Eight Cities & Towns, 571 A.2d 27, 1990 R.I. LEXIS 51 (1990).

Division of Towns.

Tax collector, who filed his claim for compensation with town council of Warwick on January 20 was entitled to bring action on his claim on March 2 by serving summons on Warwick town treasurer, where act dividing town into towns of Warwick and West Warwick did not become effective until March 14. Barber v. Adams, 37 R.I. 323 , 92 A. 757, 1915 R.I. LEXIS 11 (1915).

Equitable Actions.

This statute had no application to an equitable action to enjoin a city from a continuing trespass, to which action an account for past damages is an incident. Lonsdale Co. v. Woonsocket, 25 R.I. 428 , 56 A. 448, 1903 R.I. LEXIS 99 (1903).

A sex discrimination complainant was not obligated to comply with this section with respect to her complaint against a town filed with the state commission for human rights, since most of the remedies available to the commission are equitable in nature. Town of Johnston v. Ryan, 485 A.2d 1248, 1984 R.I. LEXIS 644 (1984).

Exhaustion of State Remedies.

Plaintiffs, who sought just compensation for the temporary taking of their property pursuant to this section, could not bring a federal action seeking just compensation under the takings clause of the fifth amendment for a temporary taking of property by regulation where they had not sought compensation through available state procedures. Q.C. Constr. Co. v. Verrengia, 700 F. Supp. 86, 1988 U.S. Dist. LEXIS 13448 (D.R.I. 1988).

Where the state created a procedure through which a property owner may seek just compensation, but the plaintiff had not applied for such compensation, he could not maintain an action for deprivation of the fifth amendment’s takings clause. D'Ambra v. City of Providence, 21 F. Supp. 2d 106, 1998 U.S. Dist. LEXIS 15560 (D.R.I. 1998).

Form of Suit.

Account of claim against town must be first presented to the town council then, if not satisfied within 40 days, suit may be filed against the treasurer, but in no case may such actions be brought against the town or city in its corporate name. Valcourt v. Providence, 18 R.I. 160 , 26 A. 45, 1892 R.I. LEXIS 26 (1892).

In view of this section and § 45-15-1 , a suit against town treasurer was in substance and legal effect a suit against the town and the judgment recovered was a judgment against the town. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Improperly Constituted Council.

Where, after presentation of claim, the council was later found to have neither de facto nor de jure status, there was no presentation of the claim as required by statute. Murphy v. Moies, 18 R.I. 100 , 25 A. 977, 1892 R.I. LEXIS 25 (1892).

Mandamus.

Writ of mandamus was granted requiring town treasurer to pay claim which had been audited by town auditor and allowed and ordered paid by town council, though auditing committee of financial town meeting had not approved of same, as suit against the town was not sufficiently speedy. H. P. Cornell Co. v. Barber, 31 R.I. 358 , 76 A. 801, 1910 R.I. LEXIS 79 (1910).

Mandamus was the only proceeding by which judgment could be enforced against either the treasurer or the town, even where treasurer had no town money to pay such judgment, as no statutory provision exists for execution against town treasurer. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Municipal Boards.

A pension board that is composed of town officials and serves town employees is a municipal board. Serpa v. Amaral, 635 A.2d 1196, 1994 R.I. LEXIS 15 (1994).

Pleading of Notice.

Petition in action against city which fails to allege notification under this section is demurrable but may be amended to show compliance. Gibbons v. Fitzpatrick, 56 R.I. 39 , 183 A. 642, 1936 R.I. LEXIS 77 (1936).

Procedural Effect.

Plaintiff ’s failure to file the presentment of claim pursuant to this section in its personal injury claim against defendant municipality did not result in the action having not been timely filed within the period of the statute of limitations since the failure to file a presentment of claim is a matter of defense. Accordingly, since the action was filed within the period limited by the applicable statute of limitation but dismissed for failure to file presentment, plaintiffs had the benefit of § 9-1-22 , which would authorize them to bring another action within a year after the termination of the first action. Blessing v. South Kingstown, 626 A.2d 204, 1993 R.I. LEXIS 165 (1993).

The court properly granted the defendant-town’s motion for summary judgment on the basis that the plaintiff, who was ordered by municipal zoning officers to cease and desist the construction of an apartment, failed to comply with this section, which requires presentment of a claim for damages to the town council as a first step in obtaining redress. Almeida v. Town of Tiverton, 639 A.2d 982, 1994 R.I. LEXIS 83 (1994).

When a police chief and lieutenant sued by an officer filed a defamation counterclaim against the officer based on the contents of the officer’s notice of claim presented to a town council, pursuant to R.I. Gen. Laws § 45-15-5 , it was error to dismiss the counterclaim on the grounds that the notice was absolutely privileged because the notice was not part of a judicial or quasi-judicial proceeding, as (1) the notice was but a condition precedent to suing the town, and (2) the town did not act as a quasi-judicial body when receiving the notice. Ims v. Town of Portsmouth, 32 A.3d 914, 2011 R.I. LEXIS 146 (2011).

When a police chief and lieutenant sued by an officer filed a defamation counterclaim against the officer based on the contents of the officer’s notice of claim presented to a town council, pursuant to R.I. Gen. Laws § 45-15-5 , it was error to dismiss the counterclaim on the grounds that the notice was absolutely privileged because the petition clause of the First Amendment did not provide absolute immunity to baseless claims and allegations. Ims v. Town of Portsmouth, 32 A.3d 914, 2011 R.I. LEXIS 146 (2011).

Purpose of Section.

This section does not confer any additional rights upon a person who has a claim against a town. Rather, its function simply is to require a claimant to inform the town of his claim prior to commencing an action against the town. The town council need take no action on the claim filed. Parente v. Town of West Warwick, 685 F. Supp. 873, 1988 U.S. Dist. LEXIS 4172 (D.R.I. 1988), aff'd, 868 F.2d 522, 1989 U.S. App. LEXIS 2413 (1st Cir. 1989).

The rationale behind the 40-day period provided for in this section is that a city or town should have a reasonable opportunity to settle a claim without putting the municipality to the expense of defending an action at law. Bernard v. Alexander, 605 A.2d 484, 1992 R.I. LEXIS 63 (1992).

Recovery of Illegal Taxes.

An action to recover taxes collected under an illegal assessment should be brought against the city treasurer in accord with this section, and not against the collector. Fish v. Higbee, 22 R.I. 223 , 47 A. 212, 1900 R.I. LEXIS 81 (1900).

Settlement With Agent of Municipality.

A settlement agreement entered into by a municipality’s order supply board, an agent of the municipality, releasing that agent from liability for its negligence in a tort action, simultaneously released the municipality from liability arising from the same action, despite language contained in the settlement agreement expressly preserving the plaintiff ’s right to proceed against the municipality. Hervieux v. Papineau, 611 A.2d 838, 1992 R.I. LEXIS 136 (1992).

Sufficiency of Notice.

Notice to town council, in case of a claim for unliquidated damages, is sufficient if it states the facts from which the claim arises although it does not state the amount of the claim. Burdick v. Richmond, 16 R.I. 502 , 17 A. 917, 1889 R.I. LEXIS 41 (1889).

While R.I. Gen. Laws § 45-15-5 was applicable, it was irrelevant since it would have been unjust to enter a judgment for the city where the city negligently and erroneously assessed taxes against the property owner. The property owner’s post-filing notice adequately afforded the city an opportunity to equitably deal with its taxpayer. United Lending Corp. v. City of Providence, 827 A.2d 626, 2003 R.I. LEXIS 179 (2003).

Tort Claims.

This section was applicable to a wrongful death claim against a town based upon the alleged negligence of the town police in failing to guard against suicide by the decedent while in their custody, the immunity conferred by the courts of the state upon municipal and quasi-municipal corporations being abrogated as to claims against such corporations arising after June 30, 1970, subject to any legislation by the general assembly limiting or regulating the prosecution of such claims. Becker v. Beaudoin, 106 R.I. 562 , 261 A.2d 896, 1970 R.I. LEXIS 957 (1970).

The state statutory scheme not only is designed to ensure “a minimum per pupil expenditure level” throughout the state, but also encourages school committees to provide superior education beyond this minimum and under this scheme the general revenues of the town are immunized from satisfying obligations incurred by its school committee and the statutory requirements of presentation to council of claims, including notice, are irrelevant in suit for damages for suspension from school. Panzarella v. Boyle, 406 F. Supp. 787, 1975 U.S. Dist. LEXIS 14692 (D.R.I. 1975).

Town Treasurer.

When a town council has voted to compromise or pay a claim, the town treasurer has a ministerial duty to pay the same. Depault v. Paine, 526 A.2d 858, 1987 R.I. LEXIS 516 (1987).

Waiver.

City waived the defense of lack of notice of a claim as required by this section by failing to plead that defense. Mesolella v. Providence, 508 A.2d 661, 1986 R.I. LEXIS 459 (1986).

Notice requirements will not be waived on the basis of the municipality’s actual knowledge. Serpa v. Amaral, 635 A.2d 1196, 1994 R.I. LEXIS 15 (1994).

Where a trial court foreclosed a city’s rights of redemption to property it negligently permitted to be sold at a tax sale, the city’s failure to file an answer with specifications setting forth the matters upon which it relied to defeat the title was fatal to its claim, amounted to a waiver of all defenses, and was in essence a failure to respond. Thus, there was no valid offer to redeem either before or during the foreclosure proceeding. Smith v. City of Providence, 828 A.2d 536, 2003 R.I. LEXIS 184 (2003).

Building permit applicant waived any appeal of a finding that it failed to comply with R.I. Gen. Laws § 45-15-5 as it refiled its intentional interference with contractual relations claim in compliance with § 45-15-5 . Martel Inv. Group, LLC v. Town of Richmond, 982 A.2d 595, 2009 R.I. LEXIS 124 (2009).

Collateral References.

Amount of damages named in notice of claim against municipality as limiting amount of recovery. 24 A.L.R.3d 965.

Arbitration, power to submit to. 40 A.L.R. 1370.

Attorney’s compensation for services in enforcing claim against municipality, amount of. 143 A.L.R. 850; 56 A.L.R.2d 13.

Complaint as satisfying requirement of notice of claim upon states, municipalities, and other political subdivisions. 45 A.L.R.5th 109.

Compromise of claim, power of city or its officials as to. 105 A.L.R. 170; 15 A.L.R.2d 1359.

Persons or entities upon whom notice of injury or claim against state or state agencies may or must be served. 45 A.L.R.5th 173.

Plaintiff ’s right to bring tort action against municipality prior to expiration of statutory waiting period. 73 A.L.R.3d 1019.

Presentation of claim for injury to property by nuisance, necessity of. 52 A.L.R. 639.

Statute respecting presentation of liability claim against municipality as affecting its powers in that field. 170 A.L.R. 237.

Sufficiency of notice of claim against local government unit as regards identity, name, address, and residence of claimant. 53 A.L.R.5th 617.

Sufficiency of notice of claim against local political entity as regards time when accident occurred. 57 A.L.R.5th 689.

Waiver of, or estoppel to assert, failure to give or defects in notice of claim against state or local political subdivision — modern status. 64 A.L.R.5th 519.

45-15-6. Town or council meeting to levy tax to pay judgment against town.

On judgment being obtained for a debt, damages, or demand, in case the treasurer does not have sufficient money of the town or city in his or her hands to satisfy and pay the judgment obtained and the charges expended in defending the suit, the treasurer shall make application to any justice of the peace in the town or city, and the justice shall grant a warrant to the town sergeant, requiring the town sergeant to warn the electors of the town to hold a town meeting, at a time and place to be appointed, or to the mayor of the city requiring the mayor to call a special meeting of the city council of the city, for the speedy ordering and making a tax, to be collected for the reimbursement of the treasurer.

History of Section. G.L. 1896, ch. 36, § 13; G.L. 1909, ch. 46, § 13; G.L. 1923, ch. 47, § 14; G.L. 1938, ch. 352, § 4; G.L. 1956, § 45-15-6 .

NOTES TO DECISIONS

Mandamus.

Mandamus was the only proceeding by which judgment could be enforced against either the treasurer or the town, even where treasurer had no town money to pay such judgment, as no statutory provision exists for execution against town treasurer. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Mandamus would lie to compel town treasurer to proceed under this section to procure levy of tax sufficient to pay judgment recovered against him in his official capacity where he did not have town money to pay such judgment. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Personal Liability.

Town treasurer was not personally or primarily liable to pay judgment against town out of his own funds, even though he had a right of reimbursement by means of a tax if he chose to pay. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Successor Treasurer.

New town treasurer was bound to proceed under this section to satisfy judgment against former treasurer in his official capacity, as such judgment bound all successors. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Collateral References.

Judgment, municipality’s power to consent to or confess. 67 A.L.R. 1503.

45-15-7. Judicial order assessing tax to pay judgment.

In case the electors, or the city council, upon due warning given them, shall not take due and effectual care to reimburse, pay, or satisfy the treasurer the money, costs, and charges by the treasurer expended, or recovered against the treasurer, upon complaint filed with the superior court at any time after this, by the treasurer or by the person recovering the judgment named in § 45-15-6 , setting forth the facts, the court may order the assessors of the town or city to assess upon the ratable property, and the collector to collect, a tax sufficient for the payment of the judgment, with all incidental costs and charges, and the expense of assessing and collecting the tax.

History of Section. G.L. 1896, ch. 36, § 14; G.L. 1909, ch. 46, § 14; G.L. 1923, ch. 47, § 15; G.L. 1938, ch. 352, § 5; G.L. 1956, § 45-15-7 .

NOTES TO DECISIONS

Mandamus.

Mandamus was the only proceeding by which judgment could be enforced against either the treasurer or the town, even where treasurer had no town money to pay such judgment, as no statutory provision exists for execution against town treasurer. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

Personal Liability.

Town treasurer was not personally or primarily liable to pay judgment against town out of his own funds, even though he had a right of reimbursement by means of a tax if he chose to pay. Richmond v. Kettelle, 42 R.I. 192 , 106 A. 292, 1919 R.I. LEXIS 22 (1919).

45-15-8. Recovery against town for damages from neglect to maintain highway or bridge.

If any person receives or suffers bodily injury or damage to that person’s property by reason of defect, want of repair, or insufficient railing, in or upon a public highway, causeway, or bridge, in any town which is by law obliged to repair and keep the same in a condition safe and convenient for travelers with their vehicles, which injury or damage might have been prevented by reasonable care and diligence on the part of the town, the person may recover, in the manner provided in this chapter, from the town, the amount of damages, sustained by the aggrieved person, if the town had reasonable notice of the defect, or might have had notice of the defect by the exercise of proper care and diligence on its part.

History of Section. G.L. 1896, ch. 36, § 15; G.L. 1909, ch. 46, § 15; G.L. 1923, ch. 47, § 16; G.L. 1938, ch. 352, § 6; G.L. 1956, § 45-15-8 .

Cross References.

Damages for acts done by surveyor of highways, § 24-5-11 .

Liability for injuries from defective roads, § 24-5-13 .

Law Reviews.

2001 Survey of Rhode Island Law, see 7 Roger Williams U.L. Rev. 403 (2002).

NOTES TO DECISIONS

Bicycles.

Law providing for separate side-paths for use of bicycles showed that this section did not intend that a highway be kept safe for a bicycle, but only for ordinary carts and carriages. Fox v. Clarke, 25 R.I. 515 , 57 A. 305, 1903 R.I. LEXIS 123 (1903).

A bicycle rider could recover for injury where the defect would have caused injury to an ordinary traveler. Fox v. Clarke, 25 R.I. 515 , 57 A. 305, 1903 R.I. LEXIS 123 (1903).

This section does not apply to injuries sustained by one riding on a bicycle. Patalano v. Cray, 49 R.I. 15 , 139 A. 471, 1927 R.I. LEXIS 6 (1927).

Plaintiff’s suit against a town alleging she was injured due to a defective sidewalk was properly dismissed on summary judgment; as the description provided in her notice of claim excluded the actual area where the injury occurred, the notice did not fix the location in a reasonably sufficient manner under R.I. Gen. Laws § 45-15-9 . Carbone v. Ward, 56 A.3d 442, 2012 R.I. LEXIS 151 (2012).

Compliance With Section.

Although plaintiff was alleging negligence by the city in the maintenance of a sidewalk, rather than a defect, she was still required to comply with the notice provisions of § 45-15-9 . This section and § 45-15-9 set forth the procedures for bringing an action against a municipality. Natareno v. Martin, 694 A.2d 749, 1997 R.I. LEXIS 167 (1997).

Injuries on Sidewalks.

The remedy provided in this section is available to those injured on town sidewalks. Barroso v. Pepin, 106 R.I. 502 , 261 A.2d 277, 1970 R.I. LEXIS 951 (1970).

Interest and Costs.

Because the legislature has explicitly authorized only the award of damages under this section, liability cannot be expanded to include interest and costs. Mulvaney v. Napolitano, 671 A.2d 312, 1995 R.I. LEXIS 308 (1995).

Losses Recoverable.

Husband could recover for loss of wife’s services and expenses of her medical care where wife sustained injuries through neglect of town to keep highway in repair, as such loss constituted damage to property within the meaning of this section. Larisa v. Tiffany, 42 R.I. 148 , 105 A. 739, 1919 R.I. LEXIS 18 (1919).

Notice of Defect.

In suit against town for negligence in failing to repair highway it is not necessary to allege notice of the defect, since notice, actual or implied, is involved under an allegation of negligence. Carroll v. Allen, 20 R.I. 144 , 37 A. 704, 1897 R.I. LEXIS 68 (1897).

Knowledge by highway surveyor that an excavation was made in public highway was notice to the town, and his neglect to supervise the refilling of such excavation was chargeable to the town. Seamons v. Fitts, 21 R.I. 236 , 42 A. 863, 1899 R.I. LEXIS 15 (1899).

Before a person can commence action against a town for injuries sustained on a highway, he must comply with the notice provisions of the statute which were not repealed by the statute subjecting municipalities to liability for actions of tort in the same manner as a private individual or corporation. Tessier v. Ann & Hope Factory Outlet, 114 R.I. 315 , 332 A.2d 781, 1975 R.I. LEXIS 1416 (1975).

Where a town failed to carry its summary judgment burden of establishing that no genuine issue of material fact existed relative to its lack of notice of a hazardous road condition, the question of notice was one for the jury. Sullivan v. Town of Coventry, 707 A.2d 257, 1998 R.I. LEXIS 22 (1998).

Summary judgment in favor of a city in a personal injury action was proper because the notice the city received regarding a pedestrian’s alleged injuries was insufficient where it stated the location of the sewer grate that was allegedly negligently maintained was “at or near” a street that was 1,249 feet long and had 18 sewer grids. Prout v. City of Providence, 996 A.2d 1139, 2010 R.I. LEXIS 75 (2010).

Pedestrian’s motion for leave to amend her complaint to more specifically pinpoint the location of a sewer grate the pedestrian alleged was negligently maintained was properly denied as an amendment could not cure the defect in the complaint as the R.I. Gen. Laws § 45-15-9 60 day time limit for filing or amending a notice of claim to a city had expired. Prout v. City of Providence, 996 A.2d 1139, 2010 R.I. LEXIS 75 (2010).

Obstruction of Highway.

Permit to install gasoline storage tanks on private property was within the jurisdiction of the town zoning board of review, but the question of whether travel on the streets would be obstructed by the erection of gasoline pumps upon the sidewalks was a matter solely within the powers of the town. Di Palma v. Zoning Bd. of Review, 72 R.I. 286 , 50 A.2d 779, 1947 R.I. LEXIS 3 (1947).

Private Excavation.

The legislature would not have imposed liability on a municipality for damages sustained by a driver or pedestrian injured as the result of the failure of a utility or other private excavator to properly restore a roadway unless it had intended that communities be given sufficient authority to regulate the manner in which streets are repaired and restored. In re Ordinance Adopted by the City of Providence, 745 A.2d 769, 2000 R.I. LEXIS 32 (2000).

Standard of Care.

The duty of towns and cities is that highways and bridges shall be reasonably safe and convenient for general and ordinary travel. Smith v. Howard, 42 R.I. 126 , 105 A. 649, 1919 R.I. LEXIS 17 (1919).

What constituted reasonable care in the maintenance of a public bridge was a question of fact depending on the circumstances of the particular case, such as the location of the bridge and the ordinary traffic reasonably to be expected upon such bridge. Smith v. Howard, 42 R.I. 126 , 105 A. 649, 1919 R.I. LEXIS 17 (1919).

It is a question of fact for a jury where there is controversial evidence as to whether or not a defect is latent or by the exercise of reasonable care and diligence could have been ascertained. Williams v. Allen, 44 R.I. 14 , 114 A. 138, 1921 R.I. LEXIS 39 (1921).

General assembly having authorized towns to construct sidewalks adjoining state highways, in the absence of legislation, the town still has the duty to keep the sidewalks in safe condition for travel even though a state board has jurisdiction of general plan. But see Pullen v. State, 1998 (legislature clearly intended, by enacting §§ 24-8-6 and 24-8-9 , to provide state authority to enter into contracts regarding construction and maintenance of sidewalks and to fix the responsibilities of the state and municipalities in regard to the same). Child v. Greene, 51 R.I. 477 , 155 A. 664, 1931 R.I. LEXIS 87 (1931).

Traffic Control Signals and Devices.

The right of action and statutory liability under this section relates to the keeping of highways in repair. These provisions do not deal with the placement of traffic-control signals and devices. Polaski v. O'Reilly, 559 A.2d 646, 1989 R.I. LEXIS 105 (1989).

Summary judgment for a city is affirmed in a motorist’s personal injury action where the city is alleged to have been negligent in that it allowed a stop sign at the intersection to be mutilated beyond recognition and to become obstructed from view by trees, brush, and bushes. Polaski v. O'Reilly, 559 A.2d 646, 1989 R.I. LEXIS 105 (1989).

In situations in which two lights control the same flow of traffic, each light functions as an independent and indispensable signal. Therefore, if one such light is not operating properly, the fact that the other light is operational will not excuse the disrepair of the malfunctioning equipment. Bierman v. Shookster, 590 A.2d 402, 1991 R.I. LEXIS 72 (1991).

Trimming Vegetation.

Subsections (a) and (c) (now see (f) and (i)) of § 31-1-23 in defining highway and roadway contemplate that a highway is wider than a roadway and includes the “entire width” between the boundary lines of the public way, including the sidewalk, berm, or shoulder; it therefore follows that if the vegetation obstructing the view of the motorist in the accident was located on the town’s property and within the boundary lines of the highway, then the town was under a duty to keep this portion of the highway “safe and convenient for travelers” pursuant to § 24-5-1 . O'Gara v. Ferrante, 690 A.2d 1354, 1997 R.I. LEXIS 80 (1997).

The activity of trimming a shrub is one in which private persons normally engage; therefore, the town is not shielded from tort liability by the public duty doctrine if the town was negligent in maintaining the vegetation around the intersection. O'Gara v. Ferrante, 690 A.2d 1354, 1997 R.I. LEXIS 80 (1997).

It was error to grant summary judgment to a town in an indemnity/contribution action stemming from an automobile accident because the trial court could not resolve the accident’s proximate cause in relation to the town’s statutory duty to trim vegetation; proximate cause was a determination reserved for the jury. Yankee v. LeBlanc, 819 A.2d 1277, 2003 R.I. LEXIS 84 (2003).

Trucks.

An automobile truck came within the general designation of “carriage” within the meaning of this section. Smith v. Howard, 42 R.I. 126 , 105 A. 649, 1919 R.I. LEXIS 17 (1919) (decided prior to 1991 reenactment).

A town would be liable for damages to ten-ton truck caused by defective bridge where such defect would be as likely to cause injury to an ordinary horse-drawn vehicle as to a motor vehicle, provided the use of such truck is reasonable upon the kind of bridge which the town should maintain at the particular location. Smith v. Howard, 42 R.I. 126 , 105 A. 649, 1919 R.I. LEXIS 17 (1919).

Collateral References.

Cave-in or landslide, liability for injury to or death of child. 28 A.L.R.2d 195.

Comment Note: Governmental Liability for Failure to Reduce Vegetation Obscuring View at Railroad Crossing or at Street or Highway Intersection. 50 A.L.R.6th 95.

Continuing character of municipality’s negligence and injury or damage therefrom as affecting requirement of notice to the municipality. 116 A.L.R. 975.

Defect or obstruction in shoulder of street or highway. 19 A.L.R.4th 532.

Drowning of child in pond created by failure to provide drainage in constructing highway embankment. 40 A.L.R. 488.

Existence of actionable defect in street or highway as question for court or jury. 1 A.L.R.3d 496.

Failure to erect warnings against using street barred or obstructed by construction. 52 A.L.R.2d 689.

Legal aspects of speed bumps. 60 A.L.R.4th 1249.

Liability for accident due to accumulation of water on street or highway. 61 A.L.R.2d 425.

Liability for design, construction, or failure to warn of narrow bridge. 2 A.L.R.4th 635.

Liability for injury or death resulting from ice or snow on surface of street or highway. 97 A.L.R.3d 11.

Liability for median barriers. 58 A.L.R.4th 559.

45-15-9. Notice of injury on highway or bridge — Commencement of action.

  1. A person so injured or damaged shall, within sixty (60) days, give to the town by law obliged to keep the highway, causeway, or bridge in repair, notice of the time, place, and cause of the injury or damage; and if the town does not make just and due satisfaction, within the time prescribed by § 45-15-5 , the person shall, within three (3) years after the date of the injury or damage, commence his or her action against the town treasurer for the recovery of damages, and not thereafter.
  2. The provisions of this section shall take effect May 21, 1982, and be given retroactive effect, as well as prospective effect, and shall apply to all causes of actions arising within three (3) years prior to September 1, 1982.

History of Section. G.L. 1896, ch. 36, § 16; G.L. 1909, ch. 46, § 16; G.L. 1923, ch. 47, § 17; G.L. 1938, ch. 352, § 7; G.L. 1956, § 45-15-9 ; P.L. 1982, ch. 388, § 23.

Law Reviews.

2001 Survey of Rhode Island Law, see 7 Roger Williams U.L. Rev. 403 (2002).

NOTES TO DECISIONS

Constitutionality.

The requirement that municipalities be notified does not violate the equal protection clause of U.S. Const., Amend. 14, since the classification of private parties and governmental entities is a reasonable one. Tessier v. Ann & Hope Factory Outlet, 114 R.I. 315 , 332 A.2d 781, 1975 R.I. LEXIS 1416 (1975).

Claims Not Requiring Notice.

The notice requirement of subsection (a) did not apply to the plaintiffs in this case, since they were not the injured party but were filing and action for contribution and/or indemnification against the town. The plaintiffs properly complied with § 45-15-5 . O'Gara v. Ferrante, 690 A.2d 1354, 1997 R.I. LEXIS 80 (1997).

Claims of Which Notice Required.

A claim for trespass on land by agents of a town was not required to be filed within 60 days after trespass was committed. Hathaway v. Osborne, 25 R.I. 249 , 55 A. 700, 1903 R.I. LEXIS 61 (1903).

Requirement of notice did not apply to a suit by a landowner to recover damages for injury to his property as result of construction by the city of a sewer in a highway. Fugere v. Cook, 27 R.I. 134 , 60 A. 1067, 1905 R.I. LEXIS 45 (1905).

Damages Claimed.

The plaintiff in a personal injury action against a municipality is not limited in recovery of damages to the amount of damages named in the notice of claim. Comery v. White, 40 R.I. 21 , 99 A. 756, 1917 R.I. LEXIS 7 (1917).

Effect of Failure to Give Notice.

Failure of plaintiff to give a sufficient legal notice cannot be waived. Batchelder v. White, 28 R.I. 466 , 68 A. 320, 1907 R.I. LEXIS 81 (1907).

The notice required by this section is jurisdictional and failure of plaintiff to give such notice required a dismissal of her action for want of jurisdiction. Barroso v. Pepin, 106 R.I. 502 , 261 A.2d 277, 1970 R.I. LEXIS 951 (1970).

Since the plaintiff never filed a notice of claim against the city whom she alleged was liable for her injuries as required by this section, she could not recover against the city as a matter of law. Shola v. Refinement Int'l Co., 617 A.2d 408, 1992 R.I. LEXIS 261 (1992).

Although plaintiff was alleging negligence by the city in the maintenance of the sidewalk, rather than a defect, she was still required to comply with the notice provisions of this section. This section and § 45-15-8 set forth the procedures for bringing an action against a municipality. Natareno v. Martin, 694 A.2d 749, 1997 R.I. LEXIS 167 (1997).

Since the notice required by this provision is a jurisdictional condition precedent to bringing suit, a plaintiff who failed to give such notice until 124 days after sustaining injuries was not entitled to dismissal without prejudice. Provost v. Finlay, 768 A.2d 1256, 2001 R.I. LEXIS 92 (2001).

The notice requirements of this provision are a condition precedent to a right of action and may not be waived. Moseley v. Fitzgerald, 773 A.2d 254, 2001 R.I. LEXIS 163 (2001).

Liberal Construction.

Unless the construction of this section deprives the municipality of safeguards of notice to investigate defects, the court will construe it with liberality in favor of the plaintiff. Gannon v. Fitzpatrick, 58 R.I. 147 , 191 A. 489, 1937 R.I. LEXIS 15 (1937).

This section should be liberally construed for plaintiff where she gives reasonable notice of the time, place and cause of the accident which does not mislead or prejudice the municipality in its investigation or defense. Malo v. McAloon, 65 R.I. 26 , 13 A.2d 245, 1940 R.I. LEXIS 72 (1940).

Parking Lots.

A pedestrian injured in a fall from an elevated divider separating two portions of a parking lot cannot bring an action for negligence against the city because an elevated divider cannot be considered a sidewalk within the meaning of this section where the parking lot itself cannot be considered a roadway used for vehicular traffic. Alfano v. Landers, 585 A.2d 651, 1991 R.I. LEXIS 21 (1991).

Purpose of Notice.

The purpose of the notice under this section is to afford the defendant an opportunity in good season to investigate the facts and to determine advisability of settling the claim. Gannon v. Fitzpatrick, 58 R.I. 147 , 191 A. 489, 1937 R.I. LEXIS 15 (1937).

While the clear purpose of the statutory notice is to inform the defendant of the nature of the claim in sufficient detail to permit it to investigate the circumstances and prepare a defense against the allegations presented, it is otherwise to be construed liberally in favor of the plaintiff. Karczmarczyk v. Quinn, 98 R.I. 174 , 200 A.2d 461, 1964 R.I. LEXIS 143 (1964).

The purpose of this provision is to give municipalities an opportunity to investigate claims and if appropriate to settle them without litigation. Provost v. Finlay, 768 A.2d 1256, 2001 R.I. LEXIS 92 (2001).

Sufficiency of Notice.

The notice under this section requires particularly of time, place, and cause of injury or damage in order to enable town or city council to make an independent investigation of the claim. Maloney v. Cook, 21 R.I. 471 , 44 A. 692, 1899 R.I. LEXIS 105 (1899).

Notice which stated erroneous date was defective and action against town could not be maintained. Taylor v. Peck, 29 R.I. 481 , 72 A. 645, 1909 R.I. LEXIS 47 (1909).

A notice, though called a claim, was within the meaning of this section where it set forth a claim for damages for injuries alleged to have been received on one of the highways through a defect therein, and also set forth information as to the time, place and cause of such injury. Beebe v. Greene, 34 R.I. 171 , 82 A. 796, 1912 R.I. LEXIS 35 (1912).

Amended declaration charging negligence in failing to warn of hole in street was not in fatal variance with notice under this section since this section does not require notice to contain specifications of the city’s negligence or particularities of a declaration, but is sufficient if it informs the city with substantial certainty of time and place of the accident and nature of the defect so as to aid in investigation of liability. Brickle v. Quinn, 63 R.I. 120 , 7 A.2d 890, 1939 R.I. LEXIS 92 (1939).

The plaintiff ’s notice to the city was sufficient where it apprised it of the location, time, and cause of injury, such as to enable the city to investigate and defend against the claim. Mulvaney v. Napolitano, 639 A.2d 984, 1994 R.I. LEXIS 88 (1994).

— Cause of Injury.

Notice of claim for injuries, the cause of which was “the defective condition of said sidewalk,” was not notice of the cause of injury but merely stated the general statutory ground of liability and gave absolutely no information as to the nature of the defect claimed. Maloney v. Cook, 21 R.I. 471 , 44 A. 692, 1899 R.I. LEXIS 105 (1899).

Although notice of the claim does not have to fix the exact location of a defect, as long as it locates the place in a reasonably sufficient manner, the cause of injury must be described with sufficient detail. Lahaye v. City of Providence, 640 A.2d 978, 1994 R.I. LEXIS 125 (1994).

The plaintiff, who fell over a cut-off cement post protruding over a sidewalk, filed an inadequate statutory presentment, where it inaccurately described the location of the accident, a description which excluded the actual location; and claimed a “defective condition” of the sidewalk, which was not a description, but rather a mere statement of the general statutory grounds of liability. Lahaye v. City of Providence, 640 A.2d 978, 1994 R.I. LEXIS 125 (1994).

The plaintiff’s description of the defect which caused her to fall as a “dangerous condition of the sidewalk which is located at the northeast corner at the intersection of South Main Street and Williams Street, Providence, Rhode Island” was sufficient to place the city on notice regarding the type of defect and, more importantly, its precise location. Marques v. Napolitano, 708 A.2d 177, 1998 R.I. LEXIS 61 , reaff'd, 714 A.2d 1185, 1998 R.I. LEXIS 230 (1998).

— Curing of Defects.

Defective written notice to city council of place and cause of highway accident was not cured by statement of plaintiff’s attorney of the exact place and cause at an appearance before the committee on claims within the sixty-day period, as the giving of notice is made a condition precedent to suit against the city. Maloney v. Cook, 21 R.I. 471 , 44 A. 692, 1899 R.I. LEXIS 105 (1899).

Pedestrian’s motion for leave to amend her complaint to more specifically pinpoint the location of a sewer grate the pedestrian alleged was negligently maintained was properly denied as an amendment could not cure the defect in the complaint as the R.I. Gen. Laws § 45-15-9 60 day time limit for filing or amending a notice of claim to a city had expired. Prout v. City of Providence, 996 A.2d 1139, 2010 R.I. LEXIS 75 (2010).

In plaintiff’s suit against the city after tripping and falling on an oversized crack in the cement sidewalk, plaintiff’s attempt to amend her notice of claim was invalid; plaintiff did not move to amend the claim regarding the location of her injury until nearly two years after the initial notice of claim with the city council was filed, and plaintiff filed her amended complaint setting forth a revised location outside of the 60-day prescribed statutory time frame. Ahearn v. City of Providence, 181 A.3d 495, 2018 R.I. LEXIS 35 (2018).

— Persons Receiving Notice.

Notice to a member of the town council is not notice to the town. Whitford v. Palmer, 40 R.I. 196 , 100 A. 312, 1917 R.I. LEXIS 21 (1917).

Plaintiff’s suit against a town alleging she was injured due to a defective sidewalk was properly dismissed on summary judgment; as the description provided in her notice of claim excluded the actual area where the injury occurred, the notice did not fix the location in a reasonably sufficient manner under R.I. Gen. Laws § 45-15-9 . Carbone v. Ward, 56 A.3d 442, 2012 R.I. LEXIS 151 (2012).

— Time and Place of Injury.

Notice to city council of claim for injuries sustained “while walking on the southerly side of Church Street” was insufficient as too vague and general to enable city council to determine locality of the accident with reasonable certainty, where the exact place could have been easily described. Maloney v. Cook, 21 R.I. 471 , 44 A. 692, 1899 R.I. LEXIS 105 (1899).

Notice which fixed an impossible date for occurrence of injury was insufficient. Batchelder v. White, 28 R.I. 465 , 68 A. 320, 1907 R.I. LEXIS 82 (1907).

Notice to a municipal corporation does not have to include an exact location of the place of injury as long as it locates the place in a reasonably sufficient manner. Comery v. White, 40 R.I. 21 , 99 A. 756, 1917 R.I. LEXIS 7 (1917).

Notice to municipality under this section of injury on dark street from obstruction in sidewalk was sufficient to uphold jury verdict where it set out about the distance from a corner and about the location in reference to a house, even though there were two identical obstructions near location given, since municipality was not misled. Malo v. McAloon, 65 R.I. 26 , 13 A.2d 245, 1940 R.I. LEXIS 72 (1940).

Trial court properly dismissed plaintiff’s action for her failure to indicate where her sidewalk injuries occurred. Ramos v. Napolitano, 633 A.2d 1361, 1993 R.I. LEXIS 208 (1993).

Notice to a city of a pedestrian’s claim for personal injuries suffered when she stepped onto a sewer grate that was negligently maintained was insufficient where it stated the location of the sewer grate as being “at or near” a street that was 1,249 feet long and had 18 sewer grids. Prout v. City of Providence, 996 A.2d 1139, 2010 R.I. LEXIS 75 (2010).

In plaintiff’s suit against the city after tripping and falling on an oversized crack in the cement sidewalk, plaintiff failed to provide notice of the location of her injury in a reasonably sufficient manner when she directed the city to a nonexistent location; therefore, plaintiff failed to satisfy the statutory requirements necessary to maintain her action against the city and her claim had to fail. Ahearn v. City of Providence, 181 A.3d 495, 2018 R.I. LEXIS 35 (2018).

— Waiver.

Sufficient notice is a prerequisite to bringing suit against a municipality, and the requirement may not be waived voluntarily or involuntarily. Lahaye v. City of Providence, 640 A.2d 978, 1994 R.I. LEXIS 125 (1994).

Because the notice requirement under this provision may not be waived voluntarily or involuntarily, the defendant municipality did not waive its right to assert an untimely notice defense by waiting over three years to file its dismissal motion. Provost v. Finlay, 768 A.2d 1256, 2001 R.I. LEXIS 92 (2001).

Time of Filing Notice.

Notice on March 14 concerning accident on January 13 was within 60-day requirement, since first day is excluded in determining whether notice was served within statutory limit. Beebe v. Greene, 34 R.I. 171 , 82 A. 796, 1912 R.I. LEXIS 35 (1912).

Pedestrian’s negligence claim against a City was time-barred as the pedestrian, who slipped and fell on a City sidewalk, failed to provide notice to the City within the 60 days required by R.I. Gen. Laws § 45-15-9 . McNulty v. City of Providence, 994 A.2d 1221, 2010 R.I. LEXIS 63 (2010).

Traffic Control Signals and Devices.

The right of action and statutory liability under this section relates to the keeping of highways in repair. These provisions do not deal with the placement of traffic-control signals and devices. Polaski v. O'Reilly, 559 A.2d 646, 1989 R.I. LEXIS 105 (1989).

Variance of Proof.

No material or fatal variance as presented where notice under this section alleged “crack” or “break” and that “the crack in the sidewalk caused me to fall on the gravel that was lower than the tar,” but proof on trial showed hole, since city was informed of defect at particular location and therefore was not misled in investigation. Gannon v. Fitzpatrick, 58 R.I. 147 , 191 A. 489, 1937 R.I. LEXIS 15 (1937).

Collateral References.

Claimant’s deposition or statement taken by municipality as waiver of statutory notice of claim for injury. 41 A.L.R.2d 890.

Commencements of action as compliance with or substitute for statutory notice as condition of action for injury to person or property. 101 A.L.R. 726.

Comment Note: Governmental Liability for Failure to Reduce Vegetation Obscuring View at Railroad Crossing or at Street or Highway Intersection. 50 A.L.R.6th 95.

Complaint as satisfying requirement of notice of claim upon states, municipalities, and other political subdivisions. 45 A.L.R.5th 109.

Notice of claim for damages from injuries in street, statute requiring, as applicable to injuries caused by nuisance. 10 A.L.R. 253.

Officer or employee of municipality, applicability to injury to, or death of, of requirement of notice of injury or claim as condition of action against municipality. 98 A.L.R. 522.

Plaintiff ’s right to bring tort action against municipality prior to expiration of statutory waiting period. 73 A.L.R.3d 1019.

Waiver of, or estoppel to assert, failure to give notice of claim or injury as condition of municipal liability for injury from defect in street, road, or other public place. 82 A.L.R. 749; 153 A.L.R. 329; 65 A.L.R.2d 1278.

45-15-10. Form of notice of injury — Time allowed incapacitated persons and estate administrators for notice.

The notice required by § 45-15-9 shall be in writing, signed by the person injured or damaged, or by someone on the person’s behalf, and shall be presented to the town council of the town or to the city council of the city; but if from physical or mental incapacity, it is impossible for the person injured to give the notice within the time prescribed in that section, the person may give the notice within ten (10) days after the incapacity is removed. In case of the person’s death without having given the notice, and without having been for ten (10) days at any time after his or her injury of sufficient capacity to give the notice, the person’s executor or administrator may give the notice within thirty (30) days after his or her appointment.

History of Section. G.L. 1896, ch. 36, § 18; G.L. 1909, ch. 46, § 18; G.L. 1923, ch. 47, § 19; G.L. 1938, ch. 352, § 9; G.L. 1956, § 45-15-10 .

NOTES TO DECISIONS

Service on Clerk.

Service upon town clerk was legal service upon town council under this section, because town clerk represents the town council to receive papers intended for it and to see that such papers are properly presented. Seamons v. Fitts, 21 R.I. 236 , 42 A. 863, 1899 R.I. LEXIS 15 (1899).

Service on Council Members.

Service of notice upon individual members of town council at different times and different places was not service upon town council because a majority of elected councilmen present at any legal meeting is necessary to constitute the town council. Seamons v. Fitts, 21 R.I. 236 , 42 A. 863, 1899 R.I. LEXIS 15 (1899).

Service on Treasurer.

Service of notice upon town treasurer did not comply with this section, as town treasurer did not represent town council for service of preliminary notice. Seamons v. Fitts, 21 R.I. 236 , 42 A. 863, 1899 R.I. LEXIS 15 (1899).

Collateral References.

Amount of damages or compensation claimed, necessity and sufficiency of statement as to, in notice of claim required as condition of municipal liability for injury to person or property. 136 A.L.R. 1368.

Claimant’s deposition or statement taken by municipality as statutory notice of claim for injury. 41 A.L.R.2d 883.

Death as result of injury, sufficiency of notice of claim by injured person to entitle administrator to maintain action. 51 A.L.R.2d 1128.

Deposit in mail of notice required as condition of action against or liability of municipal corporation, as giving of notice within required period. 175 A.L.R. 299.

Identity and name of claimant and his residence, sufficiency as regards, of notice of claim against municipality. 63 A.L.R.2d 911.

Identity of officers or employees chargeable with fault, necessity and sufficiency of statement as to, in notice of tort claim against municipality. 150 A.L.R. 1054.

Incapacity as excuse for failure to give, or delay in giving, notice of accident or injury. 34 A.L.R.2d 725.

Persons upon whom notice of injury or claim against municipal corporation may or must be served. 23 A.L.R.2d 969.

Right of person not named as claimant in notice of claim to municipality to sustain action thereon. 63 A.L.R. 1080.

Sufficiency of description of personal injury in notice given thereof. 63 A.L.R.2d 863.

Variance between notice of claim against municipality and proof as regards cause of locality of accident. 52 A.L.R.2d 966.

45-15-11. Effect of mending of highway by town.

No work done by any city or town, upon any way or street, in mending or repairing the way or street, shall constitute or be any evidence of an acceptance of the way or street by the city or town, nor shall it in any way change the status of the way or street; and the mending or repairing of the way or street shall in no way render the city or town liable to pay compensation or damages by reason of injuries suffered by any person or persons traveling upon the way or street.

History of Section. P.L. 1934, ch. 2104, § 1; G.L. 1938, ch. 352, § 10; G.L. 1956, § 45-15-11 .

NOTES TO DECISIONS

Express Maintenance Agreement

A city’s past acceptance of the duty to keep a sidewalk safe for pedestrian travel was not continued after the execution of a construction and maintenance agreement with the state, which divested the city of any duty to maintain the sidewalk. Pullen v. State, 707 A.2d 686, 1998 R.I. LEXIS 25 (1998).

45-15-12. Maximum recovery for personal injuries.

  1. No person shall recover from any town in any action mentioned in §§ 45-15-8 and 45-15-9 , a greater sum for personal injuries than one hundred thousand dollars ($100,000).
  2. This section shall be given retroactive effect and apply to all causes of action arising on or after May 4, 1984.

History of Section. G.L. 1986, ch. 36, § 17; G.L. 1909, ch. 46, § 17; G.L. 1923, ch. 47, § 18; G.L. 1938, ch. 352, § 8; G.L. 1956, § 45-15-12 ; P.L. 1958, ch. 162, § 1; P.L. 1975, ch. 289, § 1; P.L. 1986, ch. 115, § 1.

45-15-13. Liability for damage by riotous assemblies.

Whenever any property of the value of fifty dollars ($50.00) or more is destroyed or injured to that amount by any persons to the number of six (6) or more unlawfully, routously, riotously, or tumultuously assembled, the town or city within which the property was situated is liable to indemnify the owner of the property to the amount of three-fourths (3/4) of the value of the property so destroyed or three-fourths (3/4) of the amount of the injury to the property, to be recovered in a civil action in any court proper to try a civil action; provided, that the owner of the property uses all reasonable diligence to prevent its destruction or injury by unlawful assembly and to procure the conviction of the offenders.

History of Section. G.L. 1896, ch. 278, § 9; G.L. 1909, ch. 344, § 10; G.L. 1923, ch. 396, § 10; G.L. 1938, ch. 607, § 14; G.L. 1956, § 45-15-13 .

Cross References.

Dispersal of riotous assemblies, § 11-38-1 et seq.

NOTES TO DECISIONS

Constitutionality.

Municipality could not raise issue of constitutionality of this section under U.S. Const., Amend. XIV, on ground that it was class legislation by differentiating between persons damaged to amounts of more or less than $50.00 because the municipality does not suffer by such discrimination. Goldman v. Quinn, 60 R.I. 335 , 198 A. 549, 1938 R.I. LEXIS 152 (1938).

Loss by Theft.

Liability of municipality was restricted to property actually destroyed or injured by riot and did not extend to property carried away with intent to steal, even though such theft was incident to and related to the riot. Goldman v. Forcier, 68 R.I. 291 , 27 A.2d 340, 1942 R.I. LEXIS 72 (1942).

Purpose of Section.

Although this statute confers a benefit on one whose property is destroyed or injured, the real purpose is to encourage the proper observance of law and order by the community in general. Goldman v. Forcier, 68 R.I. 291 , 27 A.2d 340, 1942 R.I. LEXIS 72 (1942).

Restriction of Liability.

At common law neither the state or city was liable for injuries to property caused by mobs or riotous assembly, so where the state has conferred such a liability, it may take away, enlarge or restrict the privilege. Goldman v. Quinn, 60 R.I. 335 , 198 A. 549, 1938 R.I. LEXIS 152 (1938).

Collateral References.

Mob or riot, liability for. 26 A.L.R.3d 1142; 26 A.L.R.3d 1198.

Mob or riot, what amounts to “injury to person or property”. 26 A.L.R.3d 1142; 26 A.L.R.3d 1198.

45-15-14. Recovery by town from members of riotous assembly.

Any town or city which pays any sum under the provisions of § 45-15-13 , may recover that sum against any or all of the persons who have destroyed or injured the property.

History of Section. G.L. 1896, ch. 278, § 10; G.L. 1909, ch. 344, § 11; G.L. 1923, ch. 396, § 11; G.L. 1938, ch. 607, § 15; G.L. 1956, § 45-15-14 .

45-15-15. Prosecution of claims for damage by riotous assembly.

All claims arising under the provisions of §§ 45-15-13 and 45-15-14 shall proceed as provided in § 45-15-5 .

History of Section. G.L. 1896, ch. 278, § 11; G.L. 1909, ch. 344, § 12; G.L. 1923, ch. 396, § 12; G.L. 1938, ch. 607, § 16; G.L. 1956, § 45-15-15 .

45-15-16. Indemnity of public officials, employees, or elected officials.

All town or city council or any fire district shall, by ordinance or otherwise, indemnify any and all police officers, firefighters, elected or appointed fire district officials, public employees, fire district employees, officials, members of boards, agencies and commissions appointed by town councils or any fire district or by any other person exercising appointing authority delegated to them by the town council; whether or not the police officers, firefighters, elected or appointed fire district officials, employees, officials, or members are paid, from all loss, cost, expense, and damage, including legal fees and court costs, if any, arising out of any claim, action, compromise, settlement, or judgment by reason of any intentional tort or by reason of any alleged error or misstatement or action or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance, or nonfeasance or any act, omission, or neglect contrary to any federal or state law which imposes personal liability on any police officers, firefighters, elected or appointed fire district official, employee, official, or member, if the elected or appointed fire district official, employee, official, or member, at the time of the intentional tort or act, omission or neglect, was acting within the scope of his or her official duties or employment. The municipality or any fire district may decline to indemnify any elected or appointed fire district official, employee, official, or member for any misstatement, error, act, omission, or neglect if it resulted from willful, wanton, or malicious conduct on the part of the police officers, firefighters, elected or appointed fire district official, employee, official, or member. The indemnity shall be provided by the city or town council or any fire district on a case by case basis or by ordinance of general application. The ordinance or agreement to indemnify shall include, among other things, the provision of legal counsel at the expense of the city or town and/or the reimbursement for attorneys’ fees and other expenses incurred in connection with the conduct of the defense, including payment of the judgment. Any city or town council or any fire district may establish a fund into which it may deposit monies appropriated, from time to time, and the fund may be used to defer the costs incurred by any city or town in carrying out the purposes of this section. The amounts contained in that fund at the end of any fiscal year may be carried forward to subsequent fiscal years without any reappropriation except as otherwise shall be specifically provided by the ordinance creating that fund or funds. City or town councils shall extend the indemnity contained in this section to members of the school committee and any other person employed by the school department of any city or town and any person appointed to any board, agency, or commission by the school committee, whether or not the person is compensated for his or her services.

History of Section. P.L. 1986, ch. 453, § 1; P.L. 1988, ch. 83, § 1; P.L. 2006, ch. 620, § 1; P.L. 2009, ch. 360, § 1; P.L. 2009, ch. 361, § 1.

Compiler’s Notes.

P.L. 2009, ch. 360, § 1, and P.L. 2009, ch. 361, § 1, enacted identical amendments to this section.

Law Reviews.

Connor Mills, 2016 Survey, Cases: Government: Shine v. Moreau, 22 Roger Williams U. L. Rev. 832 (2017).

NOTES TO DECISIONS

Applicability.

Because R.I. Gen. Laws § 45-15-16 neither provided municipal employees with the right to indemnification nor ordered municipalities to indemnify employees, the application of prejudgment interest under R.I. Gen. Laws § 9-21-10(a) to a personal injury award against a town police officer did not contravene Rhode Island’s public policy under the Governmental Tort Liability Act against applying prejudgment interest to judgments against municipalities. Since R.I. Gen. Laws § 45-15-16 was not mandatory, the town was not responsible for paying the prejudgment interest that was awarded to the driver on the driver’s recovery against the officer. Andrade v. Perry, 863 A.2d 1272, 2004 R.I. LEXIS 183 (2004).

When a mayor and city council unsuccessfully contested the constitutionality of the Financial Stability Act (Act), the mayor was entitled to indemnification of attorney’s fees because (1) the mayor’s challenge to the constitutionality of the untested Act was within the scope of the mayor’s oath to uphold the state and federal constitutions, and (2) the mayor had standing to contest the Act. Shine v. Moreau, 119 A.3d 1, 2015 R.I. LEXIS 88 (2015).

When a mayor and city council unsuccessfully contested the constitutionality of the Financial Stability Act (Act), counsel hired by the city council to contest the Act was entitled to attorney’s fees because (1) the council was authorized to hire outside counsel to contest the constitutionality of the untested Act, despite a receiver rescinding the council’s resolutions to do so, as the council pursued its oath to support the state and federal constitutions, and (2) the council had standing to contest the Act. Shine v. Moreau, 119 A.3d 1, 2015 R.I. LEXIS 88 (2015).

45-15-17. Appeals from boards and commissions.

In any case where an appeal is allowed from the decision of any board or commission of any city or town, it is sufficient to name the board or commission itself as a party respondent or as a defendant without the necessity of naming individual members of the board or commission as parties respondent or as defendants. The chairperson, or in his or her absence, the vice chairperson of the board or commission shall be the attorney for purposes of service of process for all such appeals.

History of Section. P.L. 1990, ch. 289, § 1.

Chapter 16 Sergeants and Constables

45-16-1. Refusal to serve as sergeant — Maximum service required.

Whoever is legally chosen to the office of town sergeant, and refuses to serve in that office, shall pay a fine of seven dollars ($7.00), to and for the use of the town, to be levied and collected, upon conviction, by warrant of distress issued by any justice of the peace of a town, the warrant to be directed to the division of sheriffs, and no person is obliged to serve in the office more often than once in seven (7) years.

History of Section. G.L. 1896, ch. 232, § 1; G.L. 1909, ch. 323, § 1; G.L. 1923, ch. 374, § 1; G.L. 1938, ch. 336, § 1; G.L. 1956, § 45-16-1 ; P.L. 2012, ch. 324, § 5.

Cross References.

Election and qualification, §§ 45-4-1 45-4-18 .

Exemption from jury service, § 9-9-3 .

Impersonation, penalty, § 11-14-1 .

Comparative Legislation.

Constables:

Conn. Gen. Stat. §§ 7-87 — 7-97.

Mass. Ann. Laws ch. 41, §§ 91 — 95.

45-16-2. Bond of sergeants.

Every town sergeant shall, at the time of his or her being sworn into office, give bond with sufficient sureties to the town treasurer in the sum of one thousand dollars ($1,000), for the faithful performance of the duties of the town sergeant’s office.

History of Section. G.L. 1896, ch. 232, § 2; G.L. 1909, ch. 323, § 2; G.L. 1923, ch. 374, § 2; G.L. 1938, ch. 336, § 2; G.L. 1956, § 45-16-2 ; P.L. 1971, ch. 183, § 1.

Cross References.

Criminal proceedings, surety for costs not required, § 12-6-6 .

45-16-3. Action on bond of sergeants.

Any person injured by the breach of the bond of any town sergeant, may commence an action in the name of the town treasurer of the town, for his or her own use, under like circumstances and in the same manner and subject to the same provisions as that person might do in the name of the general treasurer upon a bond given by the sheriff, if the person were injured by the breach of the bond.

History of Section. G.L. 1896, ch. 232, § 6; G.L. 1909, ch. 323, § 6; G.L. 1923, ch. 374, § 6; G.L. 1938, ch. 336, § 6; G.L. 1956, § 45-16-3 ; P.L. 1971, ch. 183, § 1.

Collateral References.

Leave of court as prerequisite to action on bond. 2 A.L.R. 572.

45-16-4. Service of process in county.

Town sergeants shall serve and execute in any town of the county to which they belong, all writs, summons, and other processes to them directed and which by law may or ought to be served and executed by town sergeants, unless otherwise specially provided.

History of Section. G.L. 1896, ch. 232, § 3; G.L. 1909, ch. 323, § 3; G.L. 1923, ch. 374, § 3; G.L. 1938, ch. 336, § 3; G.L. 1956, § 45-16-4 ; P.L. 1971, ch. 183, § 1.

Cross References.

Filth, service of notice to remove, § 23-19.2-5 .

General assembly members, service of warrant for election, § 17-3-3 .

Jury notices, service, §§ 9-10-1 , 9-10-2 .

Noxious trades, enforcement of city order of prohibition, § 23-23.5-2 .

NOTES TO DECISIONS

In General.

A constable residing and appointed outside the city of Providence can serve a writ issued by a district court outside Providence, even though parties reside in Providence and property attached is in Providence. Goldrick v. Bennett, 20 R.I. 581 , 40 A. 761, 1898 R.I. LEXIS 132 (1898).

Collateral References.

Duty of constable as to property levied upon by him. 138 A.L.R. 710.

45-16-4.1. License and bond of town constables.

All town constables, except police and special constables as provided for in this chapter, shall be certified by the department of business regulation in order to serve civil process and execute writs as provided in §§ 9-5-10 and 9-5-10 .1.

History of Section. P.L. 1971, ch. 183, § 2; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-4.2. Action on bond of constables.

Any person injured by the breach of the bond of any town constable may commence an action for his or her own use, under like circumstances and in the same manner and subject to the same provisions as that person might do in the name of the general treasurer upon a bond given by the sheriff, if the person were injured by the breach of the bond.

History of Section. P.L. 1971, ch. 183, § 2; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Collateral References.

Liability of constable, or his bond, for negligently causing personal injury or death. 60 A.L.R.2d 873.

45-16-4.3. Service of process by constables.

The department of business regulation, upon application being made by a town constable to serve civil process, may authorize the constable to serve or execute any process or writs issued by or returnable to any court in accordance with § 9-5-10.1 . Upon being so authorized, the town constable shall have the power and authority to serve or execute all writs and process that may issue from any court.

History of Section. P.L. 1972, ch. 135, § 1; P.L. 1981, ch. 261, § 1; P.L. 2012, ch. 324, § 5; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-4.4. [Repealed.]

History of Section. P.L. 1982, ch. 336, § 1; P.L. 1983, ch. 101, § 1; P.L. 1997, ch. 311, § 3; Repealed by P.L. 2015, ch. 260, § 40, effective September 1, 2015; P.L. 2015, ch. 275, § 40, effective September 1, 2015.

Compiler’s Notes.

Former § 45-16-4.4 concerned authorization to serve process of superior court.

45-16-4.5. Immunity.

No town constable, while serving or executing any process or writ issued by or returnable to the court, is liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising directly out of his or her negligent serving or executing the process or writ except as provided in § 9-5-10.1 . In the event a civil action is brought against a town constable as the result of the performance of his or her duties, the town constable is entitled to recover all costs and attorney’s fees incurred by the constable incidental to the civil action.

History of Section. P.L. 1986, ch. 530, § 1; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-5. Liability for neglect in serving process.

Every town sergeant or town constable who neglects or refuses to serve any process issuing from lawful authority, directed to him or her to serve and execute, or who is guilty of neglect or misfeasance in executing the duties of his or her office (having in all civil cases, paid or tendered unto him or her, his or her legal fees, if he or she demands legal fees for serving and executing the process), is liable to the party aggrieved for the damages that he or she has sustained by the neglect, refusal, or misfeasance.

History of Section. G.L. 1896, ch. 232, § 4; G.L. 1909, ch. 323, § 4; G.L. 1923, ch. 374, § 4; G.L. 1938, ch. 336, § 4; G.L. 1956, § 45-16-5 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Cross References.

Omission or delay of duty, penalty, § 11-28-4 .

Warrant for town meeting, neglect or refusal to serve, § 45-3-11 .

Collateral References.

Liability for damage to person or goods during execution of eviction process. 56 A.L.R. 1039.

45-16-6. Aid and assistance in execution of office.

Every town sergeant and town constable, in the due execution of his or her office, may command all necessary aid and assistance in the execution of his or her office; and every person who, when so required, refuses or neglects to give aid and assistance, shall be fined not exceeding twenty dollars ($20.00).

History of Section. G.L. 1896, ch. 232, § 5; G.L. 1909, ch. 323, § 5; G.L. 1923, ch. 374, § 5; G.L. 1938, ch. 336, § 5; G.L. 1956, § 45-16-6 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-7. Police officers.

The town councils of the several towns may elect any number of police officers for their towns, that they deem expedient, who are not required to give bond, nor be authorized to serve process in civil actions, but in all other matters they have the same power and authority as other officers. These officers shall continue in office during the pleasure of the town council, and no longer; provided, that they shall not remain in office by virtue of the election by the town council for more than ten (10) days after the expiration of the term for which the town council was elected except that the town council of town of East Greenwich shall not elect, but may appoint, any number of police officers that it deems expedient, who are residents of Rhode Island and who shall not remain in office by virtue of the appointment by the town council for more than ten (10) days after the term for which the town council was elected and who are subject to all the other provisions of this section.

History of Section. G.L. 1896, ch. 40, § 34; G.L. 1909, ch. 50, § 35; P.L. 1914, ch. 1040, § 1; G.L. 1923, ch. 51, § 38; G.L. 1938, ch. 333, § 38; G.L. 1956, § 45-16-7 ; P.L. 1967, ch. 24, § 2.

45-16-8. Election of special town constables.

Every town council may elect for any amount of time, not exceeding one year, that they may determine, one or more special town constables who shall be commissioned and engaged but shall not be required to give bond.

History of Section. G.L. 1896, ch. 40, § 32; G.L. 1909, ch. 50, § 33; G.L. 1923, ch. 51, § 36; G.L. 1938, ch. 333, § 36; G.L. 1956, § 45-16-8 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-9. Attendance of special town constables at schools or meetings.

A special town constable shall, upon the request of any citizen and upon being tendered the sum of thirty cents ($.30) for each hour of service required, attend any school or meeting lawfully assembled for the purpose of preventing any interruption or disturbance at the school or meeting and may arrest, without warrant, and detain, not exceeding six (6) hours, any person found by the town constable in the act of willfully interrupting or disturbing a school or meeting, and may, in like manner with other police and special constables, command all necessary aid in the execution of the duties of the town constable’s office.

History of Section. G.L. 1896, ch. 40, § 33; G.L. 1909, ch. 50, § 34; G.L. 1923, ch. 51, § 37; G.L. 1938, ch. 333, § 37; G.L. 1956, § 45-16-9 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-10. Employment of special town constables by steamboat companies and railroads.

A special town constable shall also, at the request of any railroad company, or any proper officer or agent of these companies, and upon being paid the sum of thirty cents ($.30) for each hour of service required, attend at any regular steamboat wharf or landing, and any regular railroad passenger station, for the purpose of preventing the assembling, crowding, and remaining at those places of all idle, noisy, and disorderly persons to the obstruction, annoyance, and inconvenience of the common and public travel, going and returning by the way of those stations, and may arrest without warrant and detain not exceeding six (6) hours, any idle and noisy persons found by the town constable in the act of willfully and idly intruding at those places, and there remaining when commanded to depart by the constable.

History of Section. P.L. 1896, ch. 40, § 33; G.L. 1909, ch. 50, § 34; G.L. 1923, ch. 51, § 37; G.L. 1938, ch. 333, § 37; G.L. 1956, § 45-16-10 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-11. Disqualification of sergeant or town constable from serving process.

Whenever complaints, in writing, are made to the department of business regulation that any town sergeant, or town constable who has been certified in accordance with § 9-5-10 .1, has been guilty of malfeasance, misfeasance, nonfeasance, or misconduct in serving or attempting to serve or pretending to serve any writ or process returnable to the court, or has made a false return upon any writ or process, or has charged or exacted, for the service of any writ or process, fees greater than those allowed by law, or has been guilty of any malfeasance or misconduct in his or her office other than that previously mentioned, the town sergeant or town constable shall be subject to the provisions of § 9-5-10 .

History of Section. G.L. 1909, ch. 323, § 8; P.L. 1916, ch. 1349, § 1; G.L. 1923, ch. 374, § 8; G.L. 1938, ch. 336, § 8; G.L. 1956, § 45-16-11 ; P.L. 1969, ch. 239, § 44; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-12. Penalty for serving process after disqualification — Exemption from liability for refusal to serve.

  1. Any town sergeant or town constable who, being disqualified and debarred from serving or executing any writ or process returnable to any court of the state under the provisions of chapter 5 of title 9, shall serve or execute, or pretend or attempt to serve or execute, any writ or process while disqualified and debarred, shall be imprisoned not exceeding one year or fined not exceeding five hundred dollars ($500).
  2. Any town sergeant or town constable, while disqualified and debarred, shall not be bound or obliged to serve or execute any writ or process returnable to any court, although the writ or process is directed or given to him or her, and shall be exempt and free from all liability for his or her refusal or neglect to serve or execute any writ or process.

History of Section. G.L. 1909, ch. 323, § 9; P.L. 1916, ch. 1349, § 1; G.L. 1923, ch. 374, § 9; G.L. 1938, ch. 336, § 9; G.L. 1956, § 45-16-12 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

45-16-13. Removal of town constables from office.

Any town constable, except a constable elected by the electors of any town or city, may be removed for cause from office at any time by the town council or other body appointing him or her, after notice, in writing, to the town constable of the charges against him or her and an opportunity given him or her for a hearing.

History of Section. G.L. 1896, ch. 232, § 7; P.L. 1906, ch. 1308, § 1; G.L. 1909, ch. 323, § 7; G.L. 1923, ch. 374, § 7; G.L. 1938, ch. 336, § 7; G.L. 1956, § 45-16-13 ; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Collateral References.

Court’s power to remove constable from office. 118 A.L.R. 173.

45-16-14. Unauthorized services of process.

Any individual who serves, or attempts to serve, any writ or legal process for any court of this state, other than deputy sheriffs, and those town sergeants and town constables so authorized for this service pursuant to this chapter, or in accordance with the provisions of chapter 5 of title 9, or other individuals authorized by law or by rule of court shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and/or imprisoned for a term of not less than six (6) months, nor more than one year in prison, for each violation; provided, that this section does not apply to any city or town constable nor to any power or authority granted to them by any general or special law.

History of Section. P.L. 1993, ch. 307, § 1; P.L. 2012, ch. 324, § 5; P.L. 2015, ch. 260, § 39; P.L. 2015, ch. 275, § 39.

Compiler’s Notes.

P.L. 2015, ch. 260, § 39, and P.L. 2015, ch. 275, § 39 enacted identical amendments to this section.

Effective Dates.

P.L. 2015, ch. 260, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

P.L. 2015, ch. 275, § 41, provides that the amendment to this section by that act takes effect on September 1, 2015.

Chapter 17 Auctioneers [Repealed.]

45-17-1 — 45-17-13. Repealed.

Repealed Sections.

Former chapter 17, (G.L. 1896, ch. 159, §§ 1-10, 20-22; G.L. 1909, ch. 188, §§ 1-10, 20-22; G.L. 1923, ch. 216, §§ 1-10, 20-22; G.L. 1938, ch. 337, §§ 1-10, 20-22; G.L. 1956, §§ 45-17-1 45-17-1 3; P.L. 1965, ch. 55, § 63), concerning auctioneers, was repealed by P.L. 1978, ch. 370, § 1.

Chapter 18 Payments to Fire Companies

45-18-1. Appropriations authorized.

Any city or town may annually appropriate, in the manner provided by law for appropriations and expenditures by a city or town, a sum to be expended and paid to any volunteer fire company or companies or other organization or organizations created, for the purpose of and engaged in the work of extinguishing fires and suppressing fire hazards within the limits of the city or town, whether the company or companies or organization or organizations incorporated or not, to be used by the volunteer fire company or companies or organization or organizations for equipment, property, salary, or other expenses in connection with and for the work of extinguishing fires and suppressing fire hazards within the limits of the city or town; provided, that the town of Cumberland may annually appropriate funds to any and all the incorporated fire districts in the town for any purpose authorized by the charter of the district or districts.

History of Section. G.L. 1923, ch. 47, § 27; P.L. 1929, ch. 1373, § 1; G.L. 1938, ch. 329, § 33; G.L. 1956, § 45-18-1 ; P.L. 1978, ch. 11, § 1.

Cross References.

Property, acceptance of by fire district, § 37-7-6.1 .

Comparative Legislation.

Fire companies:

Conn. Gen. Stat. § 7-301.

Mass. Ann. Laws ch. 48, § 42.

NOTES TO DECISIONS

Conditions to Appropriation.

Power to appropriate under this section to volunteer fire companies can be exercised only by the mayor and city council and accepted by the companies, so that a committee set up by the council cannot force companies to sign agreement placing purchasing of equipment in city authority. Greenwood Volunteer Fire Co. v. Dearden, 64 R.I. 368 , 12 A.2d 408, 1940 R.I. LEXIS 50 (1940).

Expenditure.

The word “expended” in this section should be construed as “disbursed.” South Tiverton Volunteer Fire Dep't v. Cook, 85 R.I. 30 , 125 A.2d 190, 1956 R.I. LEXIS 111 (1956).

Lump Sum Appropriations.

Lump sum appropriation was not too indefinite to allow one of companies to recover its share by mandamus where in the past appropriation had regularly been equally divided between companies and where amount due was known. Greenwood Volunteer Fire Co. v. Dearden, 64 R.I. 368 , 12 A.2d 408, 1940 R.I. LEXIS 50 (1940).

Appropriation under this section to “volunteer fire companies to be paid under the supervision of the city council fire committee . . . ” did not delegate any authority to committee to decide how much and under what conditions funds should be given, even though appropriated in lump sum, where regularly in past amount had been equally divided among the companies. Greenwood Volunteer Fire Co. v. Dearden, 64 R.I. 368 , 12 A.2d 408, 1940 R.I. LEXIS 50 (1940).

Power of Council.

The municipality is authorized to make a direct appropriation to the fire department and the approval or authorization of the town council is not required as a condition precedent to payment. South Tiverton Volunteer Fire Dep't v. Cook, 85 R.I. 30 , 125 A.2d 190, 1956 R.I. LEXIS 111 (1956).

Repeal of Appropriation.

City could have repealed general appropriation under this section if it had desired to. Greenwood Volunteer Fire Co. v. Dearden, 64 R.I. 368 , 12 A.2d 408, 1940 R.I. LEXIS 50 (1940).

45-18-2. Reports by fire company to council.

Any volunteer fire company or organization may be required to present to the town or city council, whenever receiving any money or appropriated funds, a detailed statement of its assets and liabilities and an estimate of the probable current or operating expenses for a given period, and any other information about its financial condition that the town or city council may require.

History of Section. G.L. 1923, ch. 47, § 27; P.L. 1929, ch. 1373, § 1; G.L. 1938, ch. 329, § 33; G.L. 1956, § 45-18-2 .

NOTES TO DECISIONS

In General.

The only condition which can be imposed upon discretionary appropriation is requirement of financial statement. Greenwood Volunteer Fire Co. v. Dearden, 64 R.I. 368 , 12 A.2d 408, 1940 R.I. LEXIS 50 (1940).

45-18-3. Special laws authorizing appropriations.

Nothing contained in this chapter shall be construed to confer the power of appropriating funds for the purpose previously mentioned upon any city or town where specific authority for a similar purpose has been otherwise given by law.

History of Section. G.L. 1923, ch. 47, § 27; P.L. 1929, ch. 1373, § 1; G.L. 1938, ch. 329, § 33; G.L. 1956, § 45-18-3 .

Chapter 19 Relief of Injured and Deceased Fire Fighters and Police Officers

45-19-1. Salary payment during line of duty illness or injury.

  1. Whenever any police officer of the Rhode Island airport corporation or whenever any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by reason of injuries received or sickness contracted in the performance of his or her duties or due to their rendering of emergency assistance within the physical boundaries of the state of Rhode Island at any occurrence involving the protection or rescue of human life which necessitates that they respond in a professional capacity when they would normally be considered by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage for the related treatment, services, or equipment, then the city, town, fire district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the difference between the maximum amount allowable under the insurance coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a member who has been placed on a disability pension and suffers a recurrence of the injury or illness that dictated his or her disability retirement, subject to the provisions of subsection (j) herein.
  2. As used in this section, “police officer” means and includes any chief or other member of the police department of any city or town regularly employed at a fixed salary or wage and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent environmental police officer or criminal investigator of the department of environmental management, or airport police officer.
  3. As used in this section, “firefighter” means and includes any chief or other member of the fire department or rescue personnel of any city, town, or fire district, and any person employed as a member of the fire department of the town of North Smithfield, or fire department or district in any city or town.
  4. As used in this section, “crash rescue crewperson” means and includes any chief or other member of the emergency crash rescue section, division of airports, or department of transportation of the state of Rhode Island regularly employed at a fixed salary or wage.
  5. As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title 23.
  6. Any person employed by the state of Rhode Island, except for sworn employees of the Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and dispute resolution for all benefits.
  7. In order to receive the benefits provided for under this section, a police officer or firefighter must prove to his or her employer that he or she had reasonable grounds to believe that there was an emergency that required an immediate need for their assistance for the protection or rescue of human life.
  8. Any claims to the benefits provided for under this section resulting from the rendering of emergency assistance in the state of Rhode Island at any occurrence involving the protection or rescue of human life while off-duty, shall first require those covered by this section to submit a sworn declaration to their employer attesting to the date, time, place, and nature of the event involving the protection or rescue of human life causing the professional assistance to be rendered and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn declarations shall also be required from any available witness to the alleged emergency involving the protection or rescue of human life.
    1. All declarations required under this section shall contain the following language: “Under penalty of perjury, I declare and affirm that I have examined this declaration, including any accompanying schedules and statements, and that all statements contained herein are true and correct.” (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an accidental disability retirement allowance from the state retirement board not later than the later of eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on-duty status or sixty (60) days from the date on which the treating physician certifies that the person has reached maximum medical improvement. Nothing herein shall be construed to limit or alter any and all rights of the parties with respect to independent medical examination or otherwise, as set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be required to apply for an accidental disability retirement allowance within sixty (60) days from the date on which the treating physician certifies that the person’s injury is permanent, or sixty (60) days from the date on which the determination of permanency is made in accordance with the independent medical examination procedures as set forth in the applicable collective bargaining agreement.
      1. If a person with injured-on-duty status fails to apply for an accidental disability retirement allowance from the state retirement board within the time frame set forth above, that person’s injured on duty payment shall terminate. Further, any person suffering a static and incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty payment terminated.
      2. A person who so applies shall continue to receive injured-on-duty payments, and the right to continue to receive IOD payments of a person who so applies shall terminate in the event of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing herein shall be construed to limit or alter any and all rights of the parties with respect to independent medical examination or otherwise, as set forth in the applicable collective bargaining agreement. (k) Any person employed by the state of Rhode Island who is currently receiving injured-on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state retirement board for accidental retirement disability, shall apply for an accidental disability retirement allowance from the state retirement board not later than sixty (60) days from the date on which a treating physician or an independent medical examiner certifies that the person has reached maximum medical improvement, and in any event not later than eighteen (18) months after the date of the person’s injury that resulted in the person being on injured-on-duty. Nothing herein shall be construed to limit or alter any and all rights of the parties with respect to independent medical examination or otherwise, as set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be required to apply for an accidental disability retirement allowance within sixty (60) days from the date on which a treating physician or an independent medical examiner certifies that the person’s injury is permanent, or sixty (60) days from the date on which such determination of permanency is made in accordance with the independent medical examination procedures as set forth in the applicable collective bargaining agreement.
    1. If a person employed by the state of Rhode Island with injured-on-duty status fails to apply for an accidental disability retirement allowance from the state retirement board within the time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate. Further, any person employed by the state of Rhode Island suffering a static and incapacitating injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated.
    2. A person employed by the state of Rhode Island who so applies shall continue to receive injured on duty payments, and the right to continue to receive injured on-duty payments of a person who so applies shall terminate upon final adjudication by the state retirement board approving or denying either ordinary or accidental disability payments and, notwithstanding § 45-31.2-9 , this termination of injured-on-duty benefits shall not be stayed.
      1. Notwithstanding any other provision of law, all persons employed by the state of Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18) months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply for an accidental disability retirement benefit allowance. Any person employed by the state of Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen (18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided however, said person shall have a minimum of ninety (90) days to apply.
      2. Any person employed by the state of Rhode Island receiving injured-on-duty payments who has been issued a final adjudication of the state retirement board on an application for an ordinary or accidental disability benefit, either approving or denying the application, shall have his or her injured-on-duty payments terminated.
      Applications for disability retirement received by the state retirement board by any person employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an accidental disability retirement benefit allowance. Failure to apply for an accidental disability retirement benefit allowance within the timeframe set forth herein shall result in the termination of injured-on-duty benefits.
    3. If awarded an accidental disability pension, any person employed by the state of Rhode Island covered under this section shall receive benefits consistent with § 36-10-15 .

History of Section. P.L. 1944, ch. 1479, §§ 1, 2; P.L. 1944, ch. 1479, §§ 1-3; P.L. 1952, ch. 2915, § 1; G.L. 1956, § 45-19-1 ; P.L. 1960, ch. 126, § 1; P.L. 1972, ch. 212, § 1; P.L. 1973, ch. 245, § 1; P.L. 1975, ch. 154, § 1; P.L. 1976, ch. 167, § 1; P.L. 1984, ch. 333, § 1; P.L. 1986, ch. 371, § 1; P.L. 1987, ch. 527, § 1; P.L. 1988, ch. 64, § 1; P.L. 1988, ch. 329, § 1; P.L. 1990, ch. 419, § 1; P.L. 2001, ch. 77, art. 29, § 6; P.L. 2002, ch. 65, art. 14, § 2; P.L. 2007, ch. 243, § 1; P.L. 2007, ch. 284, § 1; P.L. 2007, ch. 329, § 1; P.L. 2007, ch. 497, § 3; P.L. 2007, ch. 519, § 3; P.L. 2011, ch. 151, art. 12, § 7; P.L. 2012, ch. 324, § 6; P.L. 2013, ch. 445, § 8; P.L. 2013, ch. 475, § 8; P.L. 2019, ch. 88, art. 3, § 12.

Compiler’s Notes.

P.L. 2013, ch. 445, § 8, and P.L. 2013, ch. 475, § 8 enacted identical amendments to this section.

Applicability.

P.L. 2013, ch. 445, § 10, provides that the amendment to this section by that act shall not abrogate or affect substantive rights or pre-existing agreements, preliminary determinations, orders or decrees.

P.L. 2013, ch. 475, § 10, provides that the amendment to this section by that act shall not abrogate or affect substantive rights or pre-existing agreements, preliminary determinations, orders or decrees.

Law Reviews.

2001 Survey of Rhode Island Law, see 7 Roger Williams U.L. Rev. 403 (2002).

Comparative Legislation.

Benefits and relief:

Conn. Gen. Stat. §§ 7-323a — 323i.

Mass. Ann. Laws ch. 48, §§ 81 — 83.

NOTES TO DECISIONS

Constitutionality.

This chapter does not violate the equal protection clause of the federal constitution or the seventh amendment right to trial by jury. Hargreaves v. Reis, 977 F. Supp. 123, 1997 U.S. Dist. LEXIS 14244 (D.R.I. 1997).

In General.

This section does not abrogate the rule that, in the absence of a statute to the contrary, the amount of recovery from a third person who is responsible for a person’s injury is not affected by the mere receipt by the plaintiff of wages or salary from his employer for the period of his injury or a gratuity from a collateral source independent of the defendant (collateral source rule). Aldcroft v. Fidelity & Casualty Co., 106 R.I. 311 , 259 A.2d 408, 1969 R.I. LEXIS 630 (1969).

Where there was an inconsistency between this section and a prior special statute, the court held that § 43-3-26 required the conflict to be resolved in favor of the special act, and ordinances enacted pursuant to it properly applied to the plaintiff. St. Germain v. Pawtucket, 119 R.I. 638 , 382 A.2d 180, 1978 R.I. LEXIS 597 (1978).

This section is remedial legislation that should be liberally construed. Aiudi v. Pepin, 417 A.2d 320, 1980 R.I. LEXIS 1708 (1980).

Special legislation authorizing a city ordinance concerning payment of disability pay to fire fighters prevails over the general legislation of this section. Central Falls Firefighters v. Central Falls, 465 A.2d 770, 1983 R.I. LEXIS 1091 (1983).

The legislature did not intend Rhode Island state marshals to be included within the meaning of “police officer.” Terrano v. Department of Corrections, 573 A.2d 1181, 1990 R.I. LEXIS 94 (1990).

Where the injured party, an animal-control officer for the town, slipped and fell on the owners’ driveway after being called to their residence to remove a stray cat, the owners were not entitled to summary judgment pursuant to R.I. Super. Ct. R. Civ. P. 56 in the injured party’s negligence action; the public safety officer’s rule, which prevented a police officer or firefighter from suing landowners for injuries suffered while confronting the normal, foreseeable risks of their jobs, did not extend to the animal-control officer, as the animal-control officer did not receive the same compensation, training, and benefits as police and firefighters, and did not enjoy statutory protection of R.I. Gen. Laws § 45-19-1 and R.I. Gen. Laws § 42-28.6-1 et seq. DeLaire v. Kaskel, 842 A.2d 1052, 2004 R.I. LEXIS 19 (2004).

Amount of Compensation.

The 1990 amendment to this section does not accord to firefighters 100% of their salaries for injuries received or sickness contracted in the performance of duties. A general statute does not repeal special legislation that authorizes or permits a municipality to establish its own pension fund. Palazzo v. DeLuca, 694 A.2d 747, 1997 R.I. LEXIS 166 (1997).

A bifurcation between the Injured on Duty statute’s salary and medical benefits pursuant to R.I. Gen. Laws § 45-19-1 and pension benefits under the Municipal Employees Retirement System (MERS), R.I. Gen. Laws § 45-21-1 et seq., with reimbursement for the difference between a full salary and the two-thirds salary provided by MERS, is not contemplated by either statute. Elliott v. Town of Warren, 818 A.2d 652, 2003 R.I. LEXIS 47 (2003).

Discharge Due to Work-Related Injury.

A police officer who is discharged for inability to perform his duties after a work-related injury is entitled to receive the salary to which he would have been entitled had he not been so incapacitated. Brissette v. Potter, 560 A.2d 324, 1989 R.I. LEXIS 117 (1989).

Eligibility for Medical Benefits, Etc.

There is no express proviso calling for forfeiture of one’s right to medical benefits in the event the officer, for some reason, has left municipal employment. Aiudi v. Pepin, 417 A.2d 320, 1980 R.I. LEXIS 1708 (1980).

Even if termination of employment was involuntarily procured, there is no forfeiture of the benefits called for by statutes whose purposes are similar to those that led to the enactment of this section. Aiudi v. Pepin, 417 A.2d 320, 1980 R.I. LEXIS 1708 (1980).

Sentence 2 of the Injured-on-duty (IOD) statute, R.I. Gen. Laws § 45-19-1(a) , was a gap-filling mechanism, assuring injured retirees that they would not be left without medical coverage. However, as the city provided medical coverage for retirees, there was no gap to fill and, thus, no room for the IOD statute to furnish default benefits. That the benefit provided was less than one hundred percent of medical expenses did not alter this reality. Cahoon v. Shelton, 647 F.3d 18, 2011 U.S. App. LEXIS 15034 (1st Cir. 2011).

Sentence 1 of the Injured-on-duty (IOD) statute, R.I. Gen. Laws § 45-19-1(a) , applied only while the beneficiary remained a member of the department and was never intended to supplement retirement benefits; Sentence 2 of the IOD statute, a general provision, conflicted with R.I. Gen. Laws § 45-19-19 , a more specific provision, which therefore acted as an exception pursuant to R.I. Gen. Laws § 43-3-26 . Cahoon v. Shelton, 647 F.3d 18, 2011 U.S. App. LEXIS 15034 (1st Cir. 2011).

Eligibility for Salary Benefits.

Salary benefits become payable only if, at the time of the demand, the officer would have been eligible to receive a salary. Aiudi v. Pepin, 417 A.2d 320, 1980 R.I. LEXIS 1708 (1980).

Since the city had opted into the Municipal Employees Retirement System, pursuant to § 45-21-4 , to provide pension benefits for its municipal employees, the plaintiff, having voluntarily elected to recover his disability pension benefits from that system, may not now, nineteen years later, seek benefits pursuant to this section. Lanni v. Ferrante, 688 A.2d 865, 1997 R.I. LEXIS 36 (1997).

Arbitrator properly found that a city was obligated to provide injured on-duty benefits to a fire chief, because Rhode Island’s Cancer Benefits for Fire Fighters statute, R.I. Gen. Laws tit. 45, ch. 19.1, provided such benefits to firefighters who, like the chief, were diagnosed with cancer. Thus, the chief was entitled to have sick leave used during his cancer treatment restored to him pursuant to R.I. Gen. Laws § 45-19-1 . City of E. Providence v. Int'l Ass'n of Firefighters, 982 A.2d 1281, 2009 R.I. LEXIS 130 (2009).

Trial court correctly found that an employee, who was employed as civilian lineman with a town’s fire department, was a “firefighter” and eligible to receive salary benefits under the “injured on duty” statute, R.I. Gen. Laws § 45-19-1 , because the definition of “firefighter” in § 45-19-1(c) included any person employed as a member of the fire department; the employee was hired by the town as a “Firefighter 3rd Class” with the fire department, appointed as a lineman in the Communications Division of the fire department, and his identification card certified him as a “member” of the fire department. McCain v. Town of N. Providence, 41 A.3d 239, 2012 R.I. LEXIS 37 (2012).

Exclusivity of Remedy.

A police officer cannot maintain an action in tort against a municipality and his or her superior officers for injuries sustained in the course of his or her employment, since benefits under this chapter constitute the exclusive remedy of an officer injured in the line of duty. Although this chapter is not explicit on this score, sound public policy requires that this remedy be exclusive. Nothing could be more detrimental to good order and discipline than the encouragement of civil actions by police personnel against their employers and superior officers arising out of perceived shortcomings in preparing them for dangerous circumstances that they must encounter on a daily basis. Kaya v. Partington, 681 A.2d 256, 1996 R.I. LEXIS 211 (1996).

Where a retired and disabled municipal police officer had received benefits pursuant to a town Municipal Employees Retirement System (MERS), pursuant to R.I. Gen. Laws § 45-21-1 et seq., for a number of years, he forfeited his right to seek supplemental benefits and additional medical expense payments under the Injured on Duty statute, R.I. Gen. Laws § 45-19-1 ; the failure of the town to have strictly followed the procedures set out in R.I. Gen. Laws § 45-21-4(a) for the enactment of the MERS plan did not render it procedurally defective and void where it was in place and followed for a number of years, all parties accepted the benefits of it, and the intention of the town by its actions in adopting the plan by the town council was clearly an acceptance. Elliott v. Town of Warren, 818 A.2d 652, 2003 R.I. LEXIS 47 (2003).

Administratrix’s state tort claims pursuant to Rhode Island’s wrongful death act, R.I. Gen. Laws § 10-7-1 , et seq., concerning to an off-duty police officer killed by “friendly fire”, were precluded by Rhode Island’s injured-on-duty (IOD) statute, R.I. Gen. Laws § 45-19-1 , et seq. Kaya did not provide any persuasive indication that the Rhode Island Supreme Court would carve out an additional exception to the exclusivity rule so as to permit a non-dependent parent of an adult child from pursuing a claim pursuant to R.I. Gen. Laws § 10-7-1 . Young v. City of Providence, 301 F. Supp. 2d 163, 2004 U.S. Dist. LEXIS 1847 (D.R.I. 2004), aff'd in part and rev'd in part, 404 F.3d 4, 2005 U.S. App. LEXIS 5891 (1st Cir. 2005).

In a negligence suit, a trial court erred by granting summary judgment to a fire district upon concluding that injured on duty (IOD) statute, R.I. Gen. Laws § 45-19-1 , was plaintiff’s exclusive remedy. Section 45-19-1 was not ambiguous and clearly applied only to paid firefighters, therefore, since plaintiff was a volunteer firefighter when he was injured during a training exercise, he was not limited by the IOD as his exclusive remedy. Angell v. Union Fire Dist. of S. Kingstown, 935 A.2d 943, 2007 R.I. LEXIS 120 (2007).

Jurisdiction.

In a case involving a firefighter diagnosed with colon cancer, the Workers’ Compensation Court had jurisdiction to hear the firefighter’s appeal from the denial of his application for accidental disability benefits by the Retirement Board of the Municipal Employees’ Retirement System of Rhode Island. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

R.I. Gen. Laws §§ 45-19-1 and 45-21.2-9(f) , when read in conjunction, demonstrate the General Assembly’s intent to cloak the Workers’ Compensation Court with jurisdiction over appeals by aggrieved parties who have applied for an accidental disability retirement allowance pursuant to the time mandate contained in R.I. Gen. Laws § 45-19-1 (j) and were denied by the Retirement Board of the Municipal Employees’ Retirement System of Rhode Island. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

R.I. Gen. Laws § 28-30-1(a) grants the Workers’ Compensation Court (WCC) jurisdiction that may be necessary to carry out its duties under the provisions of R.I. Gen. Laws § 45-21.2-9 . For the General Assembly to grant the WCC the jurisdiction necessary to carry out its duties under § 45-21.2-9 , and for the court to interpret R.I. Gen. Laws § 45-21.2-9(f) as providing the WCC with no new jurisdiction under that section, would disregard all sense of legislative intent and would defeat the underlying purpose of the act. Therefore, the General Assembly intended the WCC to have jurisdiction over appeals from adverse decisions rendered by the retirement board when the application was filed pursuant to the time mandate contained in R.I. Gen. Laws § 45-19-1(j). Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

Local Acts.

The provisions of the special enabling legislation of P.L. 1925, ch. 702, allowing the city of Central Falls to establish a pension fund for its police officers and firemen, prevail over the general legislation of this section. Trembley v. Central Falls, 480 A.2d 1359, 1984 R.I. LEXIS 573 (1984).

A collective bargaining agreement between the International Brotherhood of Police Officers and the town allowing 100% payment of disability benefits governs over P.L. 1972, ch. 272, a specific legislative act that limited disability benefits for that town’s officers to 30%. Chester v. aRusso, 667 A.2d 519 (R.I. 1995), overruled in part on other grounds, Webster v. Perotta, 774 A.2d 68 (R.I. 2001).

Since the special legislation (P.L. 1956, ch. 3698) did not mention the method or mode by which a pension plan could be created by the town of West Warrick, the plan was not invalid merely because it was originally created by resolution rather than by ordinance. O'Connell v. Bruce, 710 A.2d 674, 1998 R.I. LEXIS 160 (1998).

Prejudgment Interest.

The trial court did not err in denying prejudgment interest to former police officers, since the compensation of police officers pursuant to this provision is a governmental, not a proprietary or enterprise, function. Webster v. Perotta, 774 A.2d 68, 2001 R.I. LEXIS 173 (2001).

Retirement.

Where Providence fireman is injured in line of duty and subsequently retires, and then requires additional medical attention, benefits must be determined by Providence Retirement Act and not by this section. Santanelli v. Providence, 105 R.I. 208 , 250 A.2d 849, 1969 R.I. LEXIS 742 (1969).

This provision is applicable to public safety personnel enumerated in the statute who are “regularly employed at a fixed salary or wage” and does not include retirees of these departments. Webster v. Perotta, 774 A.2d 68, 2001 R.I. LEXIS 173 (2001).

The only relief available to former police officers covered by this provision was 100% of the salary and benefits they would have received while a member of the police department up to the date of their retirement. Webster v. Perotta, 774 A.2d 68, 2001 R.I. LEXIS 173 (2001).

Surviving Spouse.

Since the injured on duty (IOD) statutory remedy for a surviving spouse is so meager that it can be regarded only as a token amount, and not as compensation for the pecuniary loss for which the legislature intended to compensate a surviving spouse under the workers’ compensation statute, an intent by the legislature to make the IOD benefit exclusive in the absence of a specific provision declarative of such intent cannot be inferred. Hargreaves v. Jack, 750 A.2d 430, 2000 R.I. LEXIS 111 (2000).

The provisions for a surviving spouse under the injured on duty statute (IOD) do not come close to providing the same comprehensive remedy for loss that the wrongful death statute does, since the latter statute was designed to remedy the pecuniary loss and the loss of consortium suffered by the surviving spouse, while the intent behind the IOD was to provide greater benefits to certain public employees injured on the job. Hargreaves v. Jack, 750 A.2d 430, 2000 R.I. LEXIS 111 (2000).

Workers’ Compensation.

When the legislature added crash-rescue crewmembers to the list of those covered by this section, it impliedly excluded crash-rescue crewmembers from the Workers’ Compensation Act. Labbadia v. State, 513 A.2d 18, 1986 R.I. LEXIS 534 (1986).

45-19-1.1. Liability of third person for damages.

Where the injury or sickness for which compensation is payable under § 45-19-1 , was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect of the injury or sickness, the employee may take proceedings, against that person to recover damages, and the employee is be entitled to receive both damages and compensation; provided, that the employee, in recovering damages either by judgment or settlement from the person liable to pay damages, shall reimburse the city, town, or the state of Rhode Island by whom the compensation was paid to the extent of the compensation paid as of the date of the judgment or settlement, and the receipt of those damages by the employee does not bar future compensation. If the employee has been paid compensation under that chapter, the city, town, or state of Rhode Island, by whom the compensation was paid, is entitled to indemnity from the person liable to pay damages as previously stated, and to the extent of the indemnity, is subrogated to the rights of the employee to recover damages; provided, that when money has been recovered, either by judgment or by settlement, by the employee from the person liable to pay damages as previously stated, by suit or settlement, and the employee is required to reimburse the city, town, or state of Rhode Island by whom the compensation was paid, the employee or the employee’s attorney is entitled to withhold, from the amount to be reimbursed, that proportion of the costs, witness expenses, and other out-of-pocket expenses and attorney fees, which is the amount which the employee is required to reimburse the city, town, or state of Rhode Island by whom compensation was paid, bears to the amount recovered from the third party.

History of Section. P.L. 1986, ch. 196, § 1.

NOTES TO DECISIONS

Reimbursement of Compensation.

This section does not establish any legal right in favor of a fire fighter that is not recognized at common law but only sets forth a provision for reimbursement in favor of the state or any political subdivision that pays compensation benefits to an injured fire fighter. Mignone v. Fieldcrest Mills, 556 A.2d 35, 1989 R.I. LEXIS 37 (1989).

This section requires that an officer who recovers damages from a third party reimburse the city, town, or the state of Rhode Island by whom the compensation was paid to the extent of the compensation paid. Manzotti v. Amica Mut. Ins. Co., 656 A.2d 625, 1995 R.I. LEXIS 118 (1995).

The provisions of § 45-19-1.3 are pertinent only to any claim that the city might pursue against the employee’s insurer by virtue of the employee’s claim under the underinsured provisions; the actual city employee, on the other hand, is required by this section to reimburse the city regardless of whether the city complied with § 45-19-1.3 in order to enforce its lien against third parties. Accordingly, any failure on the part of the city to perfect its lien is not fatal to the city’s claim for reimbursement from the funds the employee receives from his insurer. Manzotti v. Amica Mut. Ins. Co., 695 A.2d 1001, 1997 R.I. LEXIS 215 (1997).

City was not entitled to reimbursement of benefits the city paid a firefighter for injuries caused on the job by an uninsured motorist from uninsured motorist (UM) benefits the firefighter recovered from the firefighter’s insurer because the firefighter’s insurer was not viewed, under the statute, as “the person liable to pay damages,” since the firefighter recovered no damages from the motorist who caused the firefighter’s injury and only recovered UM benefits based on the firefighter’s contract with the firefighter’s insurer, which required a deduction for the benefits the firefighter received from the city, so the firefighter did not recover twice for the same injury, but only the difference between those benefits and the firefighter’s total damages. Casale v. City of Cranston, 40 A.3d 765, 2012 R.I. LEXIS 36 (2012).

Third Party Liability.

This section does not create a cause of action against a homeowner or against the manufacturer or seller of a defective product for causing a fire that results in injury to a fire fighter. Mignone v. Fieldcrest Mills, 556 A.2d 35, 1989 R.I. LEXIS 37 (1989).

45-19-1.2. Lien of state or municipality.

Any employer paying compensation under the provisions of § 45-19-1 shall, if the employee recovers damages from a third person on account of the injuries or sickness for which compensation is payable, have a lien upon that part going to the employee, of any recovery or sum had or collected or to be collected by the employee, or by the employee’s heirs or personal representatives in the case of the employee’s death, whether by judgment or by settlement or compromise, up to the amount of compensation paid; provided, that the lien set forth in this section is not applied or considered valid against anyone coming under the workers’ compensation act in this state; and, provided, further, that nothing enacted in this section is so construed as to give the lien created in this section precedence over the lien of an attorney.

History of Section. P.L. 1986, ch. 196, § 1.

45-19-1.3. Notice of lien.

No lien is effective, unless a written notice containing the name and address of the employee, the date that the employee became wholly or partially incapacitated, the name and location of the employer, and the name of the person or persons, firm or firms, corporation or corporations, alleged to be liable to the employee for the injuries received or sickness contracted, is filed in the office of the city or town clerk, if the employer is a municipality, or the office of the department of administration, if the employer is the state of Rhode Island prior to the payment of any moneys to the employee, or the employee’s attorneys or legal representatives as compensation for the injuries or sickness. The employer shall mail a copy of the notice to any insurance carrier which has insured the person, firm, or corporation against the liability.

History of Section. P.L. 1986, ch. 196, § 1.

NOTES TO DECISIONS

In General.

The provisions of this section are pertinent only to any claim that the city might pursue against the employee’s insurer by virtue of the employee’s claim under the underinsured provisions; the actual city employee, on the other hand, is required by § 45-19-1.1 to reimburse the city regardless of whether the city complied with this section in order to enforce its lien against third parties. Accordingly, any failure on the part of the city to perfect its lien is not fatal to the city’s claim for reimbursement from the funds the employee receives from his insurer. Manzotti v. Amica Mut. Ins. Co., 695 A.2d 1001, 1997 R.I. LEXIS 215 (1997).

45-19-1.4. Liability for payments to an employee without honoring employer’s lien.

Any person or persons, firm or firms, corporation or corporations, making any payment to the employee or to the employee’s attorneys or heirs or legal representatives as compensation for the injury sustained, or sickness contracted after the filing and mailing of the notice, without paying to the employer the amount of its lien or so much of the lien as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement after paying the amount of any prior liens, shall, for a period of one year from the date of payment to the employee or the employee’s heirs, attorneys, or legal representatives, as previously stated, be and remain liable to the employer for the amount which the employer was entitled to receive as previously stated. Any association, corporation, or other institution maintaining the employer may, within the period, enforce its lien by a suit at law against the employer of the person or persons, firm or firms, corporation or corporations, making the payment.

History of Section. P.L. 1986, ch. 196, § 1.

45-19-1.5. Examination of records.

Any person or persons, firm or firms, corporation or corporations, legally liable for a lien or against whom a claim is asserted for compensation for injuries, is permitted to examine the records of any employer paying compensation pursuant to the provisions of § 45-19-1 .

History of Section. P.L. 1986, ch. 196, § 1.

45-19-1.6. Lien docket.

Every city or town clerk, and the director of administration of the state of Rhode Island, shall provide a suitable well-bound book to be called the “lien docket” in which, upon the filing of any lien claim under the provisions of §§ 45-19-1.2 45-19-1.5 he or she shall enter the name of the employee, the name of the person, firm, or corporation alleged to be liable for the injuries sustained or sickness contracted, the name of an insurance carrier where the name is known at the time of filing of the notice, and the date that the injury was sustained or the sickness contracted, and the clerk or director of administration shall index the lien docket in the name of the employee and in the name of the insurance carrier where the name of the employee or insurance carrier is known at the time of filing the notice.

History of Section. P.L. 1986, ch. 196, § 1.

45-19-2. Board of police officer’s relief.

Within the department of labor and training there is a board of police officer’s relief consisting of seven (7) members which administers the fund for the relief of police officers as provided by law. Five (5) members of the board appointed by the director of labor and training; provided, that four (4) of the five (5) members must be actually occupied and working as full-time police officers in the police force of some municipality in this state. These four (4) full-time police are selected, two (2) each, from a list of six (6) candidates submitted by the Rhode Island State Lodge Fraternal Order of Police and the International Brotherhood of Police Officers. The sixth member is appointed by the Rhode Island Police Chiefs’ Association as a representative of the conference on the board. The seventh member is appointed by the Providence Retired Police and Fire Association, and must be a retired Providence police officer; provided, further, that all financial powers and duties concerning the board of police officer’s relief are administered by the general treasurer.

History of Section. P.L. 1939, ch. 660, § 153; P.L. 1953, ch. 3068, § 1; G.L. 1956, § 45-19-2 ; P.L. 1965, ch. 209, § 1; P.L. 1982, ch. 180, § 1; P.L. 1982, ch. 339, § 1; P.L. 1996, ch. 387, § 1.

Cross References.

Termination of statutory entities and licensing authorities, § 22-14-5.3 .

45-19-3. Appropriations for dependents of police officers killed in line of duty.

The general assembly shall annually appropriate any sum that it deems necessary for the payments of annuities to the dependents of any member of the police force killed or dying as the result of injuries received while in the performance of his or her duty; and the controller, upon the receipt by the controller of proper vouchers approved by the director of labor and training or the director’s authorized agent, is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums that may be required from time to time.

History of Section. P.L. 1936, ch. 2326, § 1; G.L. 1938, ch. 351, § 1; P.L. 1943, ch. 1376, § 1; G.L. 1956, § 45-19-3 ; P.L. 1984, ch. 333, § 1.

45-19-4. Annuities to dependents of deceased police officers and appropriations to nondependent parents of police officers.

  1. If an active or retired member of the police force of a city or town is killed or dies from injuries received while in the performance of his or her duty as a member, or dies of a heart condition or any condition derived from hypertension while still a member, there shall be paid out of the police officer’s relief fund of Rhode Island to the following dependents of the deceased person, the following sums of money:
    1. To the widow or widower or domestic partner an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in the number of regular installments determined by the board and continuing as long as he or she remains unmarried or not in a domestic partnership and commencing with the date of death but not more than six (6) months prior to the date of filing of the petition by the widow or widower or domestic partner; provided, that if the member died more than six (6) months prior to the filing of the petition then the payments are to commence no sooner than six (6) months prior to the date of petition;
    2. An additional annuity of twelve hundred dollars ($1,200) a year, payable in the number of regular installments determined by the board, for each child of the deceased person during the time that the child is under the age of eighteen (18) years, or over the age and physically or mentally incapacitated from earning. If there is any child and no widow or widower or domestic partner or the widow or widower or domestic partner dies later, the sum and the annuity that would have been payable to the widow or widower or domestic partner had there been one or had he or she lived, to or for the benefit of the child or of the children, in equal shares, during the time previously stated;
    3. If there is any child and the widow or widower or domestic partner remarries or enters in a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity not exceeding twelve hundred dollars ($1,200) to or for the benefit of each child during the time previously stated;
    4. If there is no widow or widower or domestic partner and no child the total sum of ten thousand dollars ($10,000) payable in a lump sum for the benefit of the father and/or mother of the deceased, if not dependent upon him or her for support at the time of his or her death; and
    5. If there is no widow or widower or domestic partner and no child, the sum of three thousand six hundred dollars ($3,600) payable in regular installments by the board of police officer’s relief to or for the benefit of the father or mother of the deceased, if dependent upon him or her for support at the time of his or her death, and commencing with the date of death but not more than six (6) months prior to the date of filing the petition; provided, that if the member died more than six (6) months prior to the filing of the petition then the payments are to commence no sooner than six (6) months prior to the date of the petition and continuing so long as the beneficiary is unable to support himself or herself and does not remarry or enter into a domestic partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in regular installments determined by the board. The amount of the annuity shall, from time to time, be determined within the limits previously stated by the board.
  2. For the purpose of this section the words “police officer” mean and include any active or retired member of the state police or the police of any city or town regularly employed at a fixed salary or wage.
  3. The provisions of this section apply in the case of any dependent receiving benefits in accordance with the provisions of this section as it was in effect prior to April 25, 1960.
  4. The provisions of this section apply in the case of any active or retired police officer who from and after January 1, 1935, was killed or died from injuries received while in the performance of duty, or dies of a heart condition or any condition derived from hypertension.
  5. The amount of the annuity shall not be reduced by reason of receipt of an annuity and/or other payments to any beneficiaries from any other source.
  6. Upon the death of a member, the police chief shall immediately notify the widow or widower or domestic partner of the member by registered or certified mail, return receipt requested, of the widow or widower’s or domestic partner’s possible eligibility for benefits under this chapter and the time restriction for filing a claim for these benefits.
  7. For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
    1. Both partners were at least eighteen (18) years of age and were mentally competent to contract;
    2. Neither partner was married to anyone else;
    3. Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
    4. Partners resided together and had resided together for at least one year at the time of death; and
    5. Partners were financially interdependent as evidenced by at least two (2) of the following:
      1. Domestic partnership agreement or relationship contract;
      2. Joint mortgage or joint ownership of primary residence;
      3. Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
      4. The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.

History of Section. P.L. 1936, ch. 2326, § 2; G.L. 1938, ch. 351, § 2; P.L. 1944, ch. 1466, § 1; P.L. 1948, ch. 2013, § 1; P.L. 1956, ch. 3766, § 1; G.L. 1956, § 45-19-4 ; P.L. 1959, ch. 146, § 1; P.L. 1960, ch. 32, §§ 1, 2; P.L. 1961, ch. 86, § 1; P.L. 1961, ch. 155, § 1; P.L. 1969, ch. 84, § 1; P.L. 1976, ch. 321, § 1; P.L. 1978, ch. 397, § 1; P.L. 1981, ch. 339, § 1; P.L. 1982, ch. 406, § 1; P.L. 1984, ch. 333, § 1; P.L. 1985, ch. 489, § 1; P.L. 1987, ch. 363, § 1; P.L. 1989, ch. 387, § 1; P.L. 1990, ch. 200, § 1; P.L. 1990, ch. 273, § 1; P.L. 2007, ch. 510, § 15.

45-19-4.1. Tuition to children of police officers dying or disabled as a result of service.

  1. If an active member of the police force of a city or town is killed, dies, or becomes totally and permanently disabled from injuries received while in the performance of his or her duty as a member, or dies of a heart condition or any condition derived from hypertension while still a member, there shall be paid out of the general fund of the state of Rhode Island the charges for the tuition of children of the deceased or totally and permanently disabled police officer and/or the spouse of a police officer killed in the line of duty. The benefits are extended to the children and/or spouse who are attending or may attend the University of Rhode Island, Rhode Island College, or any other college or university operated by the state; provided, that the child has entered the institution while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid granted is available to the child and/or spouse for the period of time that may equal the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years.
  2. For the purpose of this section, the words “police officer” mean and include any member of the state police, any correctional officer within the department of corrections, or the police of any city or town regularly employed at a fixed salary or wage. Furthermore, this excludes auxiliary and volunteer police officers of city, town, or state police. For the purpose of this section, the words “totally and permanently disabled” mean any impairment of mind or body making it impossible for one to follow continuously a gainful occupation.

History of Section. P.L. 1979, ch. 267, § 1; P.L. 1984, ch. 333, § 1; P.L. 1987, ch. 277, § 1; P.L. 1988, ch. 622, § 1; P.L. 1989, ch. 112, § 1; P.L. 1999, ch. 140, § 1.

Applicability.

P.L. 1999, ch. 140, § 2 provides that the amendment to this section by that act shall take effect upon passage [June 28, 1999] and shall be applied retroactively to February 3, 1994.

45-19-4.2. Tuition to police officers disabled as a result of service.

  1. If an active member of the police force of a city or town becomes totally and permanently disabled from injuries received while in the performance of his or her duty as a member, or if any member of the police force of a city or town becomes totally and permanently disabled from injuries received while in the performance of his or her duty, there shall be paid out of the general fund of the state of Rhode Island the charges for the tuition of the totally and permanently disabled police officer. The benefits are extended to members who are attending or may attend the university of Rhode Island, Rhode Island college, or any other college or university operated by the state; provided, that the aid granted in this section is available for the period of time that may equal the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years.
  2. For the purpose of this section the words “police officer” mean and include any member of the state police or the police of any city or town regularly employed at a fixed salary or wage. Furthermore, this excludes auxiliary and volunteer police officers of city, town, or state police.

History of Section. P.L. 1989, ch. 465, § 1.

45-19-4.3. One time death benefit — Death benefits to family of deceased police officers, correctional officers, and firefighters.

  1. If an active or retired police officer, capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal, or deputy fire marshal of any city, town, fire district, or the state of Rhode Island or deputy sheriff or a correctional officer or member of a volunteer auxiliary fire force or volunteer crash rescue or ambulance corps is killed or dies from injuries received while in the performance of his or her duties, there shall be paid a killed-in-line-of-duty benefit to be administered by the board of police officer’s and firefighter’s relief. The benefit shall be in the sum of forty percent (40%) of the federal death benefits for law enforcement officers and firefighters killed in the line of duty. The benefit shall be paid as follows:
    1. If there is no surviving child of such officer, to the surviving spouse or domestic partner of such officer;
    2. If there is a surviving child or children and a surviving spouse or domestic partner, one-half (1/2) to the surviving child or children of such officer in equal shares and one-half (1/2) to the surviving spouse or domestic partner;
    3. If there is no surviving spouse or domestic partner, to the child or children of said officer in equal shares;
    4. If there is no surviving spouse, domestic partner, or surviving child, to the individual designated by such officer as beneficiary under such officer’s most recently executed life insurance policy; provided, that such individual survived such officer; or
    5. If none of the above, to the parent or parents of such officer in equal shares.
  2. Domestic partners shall certify by affidavit to the board of police officer’s and firefighter’s relief that the: (1) partners are at least eighteen (18) years of age and mentally competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside together and have resided together for at least one year; (5) partners are financially interdependent as evidenced by at least two (2) of the following: (i) domestic partnership agreement or relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the deceased’s will, retirement contract or life insurance.

History of Section. P.L. 2002, ch. 193, § 1; P.L. 2002, ch. 194, § 1; P.L. 2003, ch. 186, § 1; P.L. 2003, ch. 190, § 1; P.L. 2006, ch. 644, § 1; P.L. 2006, ch. 645, § 1; P.L. 2012, ch. 324, § 6.

45-19-5. Board of fire fighter’s relief.

  1. Within the department of labor and training there is a board of fire fighter’s relief, consisting of three (3) members, which administer the fund for the relief of fire fighters, as provided in this chapter. One member of the board is appointed by the director of labor and training, one member is appointed by the Rhode Island State Association of Fire Fighters, AFL-CIO-CLC, and the third member an active member of a Volunteer Fire Department who is appointed by the Rhode Island State Firemen’s League to represent volunteer fire fighters on the board; provided, that all financial powers and duties concerning the board of fire fighter’s relief is administered by the general treasurer.
  2. A volunteer fire fighter shall be appointed by the Rhode Island State Firemen’s League for a term of three (3) years and shall continue to hold office until a successor has been appointed. A member may be reappointed to succeed himself or herself.
  3. Members shall be appointed to fill vacancies for unexpired terms due to death, resignation, or cause. A member appointed for less than a full term (to fill a vacancy) may serve three (3) full years in addition to that part of a full term.
  4. The appointing authority may remove a member for cause.

History of Section. P.L. 1939, ch. 660, § 152; G.L. 1956, § 45-19-5 ; P.L. 1980, ch. 374, § 1; P.L. 1994, ch. 114, § 1; P.L. 1994, ch. 415, § 1; P.L. 1996, ch. 340, § 1; P.L. 1999, ch. 354, § 46.

45-19-6. Compensation of fund members.

Members of the board shall not be compensated for their service on the board.

History of Section. G.L. 1938, ch. 351, § 7; P.L. 1943, ch. 1375, § 3; G.L. 1956, § 45-19-6 ; P.L. 1962, ch. 69, § 1; P.L. 1968, ch. 249, § 1; P.L. 1980, ch. 369, § 1; P.L. 2005, ch. 117, art. 21, § 37; P.L. 2009, ch. 310, § 48; P.L. 2010, ch. 239, § 9.

45-19-7. Appropriations for relief of fire fighters and dependents.

The general assembly shall annually appropriate any sum that it deems necessary for the relief of any fire fighter and for the relief of the widow or widower or domestic partner and children of any fire fighter killed in the performance of his or her duty. The controller, upon the receipt of proper vouchers approved by the director of labor and training or the director’s authorized agent, is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums that may be required from time to time.

History of Section. P.L. 1904, ch. 1161, § 1; G.L. 1909, ch. 363, § 23; G.L. 1923, ch. 416, § 19; P.L. 1929, ch. 1374, § 11; G.L. 1938, ch. 351, § 3; P.L. 1943, ch. 1375, § 1; P.L. 1943, ch. 1376, § 1; G.L. 1956, § 45-19-7 ; P.L. 1984, ch. 333, § 1; P.L. 2007, ch. 510, § 15.

45-19-8. Administration of fire fighter’s relief.

The fund shall be used for the relief of fire fighters, injured in the performance of their duty at a fire or in going to or returning from the fire, and for the relief of the widows, widowers, or domestic partners and children of fire fighters killed in the performance of their duty, in the manner and to the amount determined by the board of fire fighter’s relief in the department of labor and training, which board shall administer the fund for the relief of fire fighters as provided in this chapter.

History of Section. P.L. 1904, ch. 1161, § 3; G.L. 1909, ch. 363, § 25; G.L. 1923, ch. 416, § 21; G.L. 1938, ch. 351, § 4; impl. am. P.L. 1939, ch. 660, § 152; G.L. 1956, § 45-19-8 ; P.L. 1984, ch. 333, § 1; P.L. 2007, ch. 510, § 15.

45-19-9. Fire fighters protected — Relief to volunteer fire fighters injured in line of duty — Physician’s written report.

Officers and members in active service in all incorporated protective departments cooperating with fire departments, and any person performing the duties of a fire fighter in a town or city having no organized or permanent fire department, are entitled to the benefits of that service; provided, that whenever any member of any volunteer fire company or call fire company, whether the company is incorporated or not, becomes either wholly or partially incapacitated from earning a livelihood by reasons of injuries received in the performance of his or her duties, the bureau may, in its discretion, make a regular monthly payment of relief to the member from the fund of not exceeding one hundred dollars ($100) for any one month, and may continue the monthly payments so long as the bureau deems the relief fitting and necessary in each particular case; and provided, further, that any member, receiving benefits under this section, shall file with the secretary of the fire fighter’s relief fund of Rhode Island, sixty (60) days after his or her discharge by the member’s attending physician, a written report signed by the physician giving the date, duration, and nature of injuries and other details pertaining to the injuries.

History of Section. P.L. 1904, ch. 1161, § 4; G.L. 1909, ch. 363, § 26; P.L. 1912, ch. 855, § 1; G.L. 1923, ch. 416, § 22; P.L. 1931, ch. 1748, § 1; G.L. 1938, ch. 351, § 5; P.L. 1943, ch. 1375, § 2; P.L. 1951, ch. 2750, § 1; G.L. 1956, § 45-19-9 ; P.L. 1984, ch. 333, § 1.

45-19-10. Rate and duration of disability benefits.

  1. All call fire fighters, volunteers, and all others eligible for the benefits of the fund who are injured in the line of fire duty or who suffer illness directly attributed to fire duty, are entitled to benefits as follows: At the rate of fifty dollars ($50.00) for each day during which he or she is unable to attend to his or her ordinary duties by reason of the injuries or illness; provided, the benefits do not continue for longer than ninety (90) days from the date of the injury or illness; and further provided, that the board may extend the benefits if it deems it advisable so to do.
  2. The board shall furnish the forms to be sent in as proof of the disability or illness and shall make rules that are necessary for the proper functioning of the board.

History of Section. G.L. 1938, ch. 351, § 10; P.L. 1948, ch. 2012, § 1; G.L. 1956, § 45-19-10 ; P.L. 1966, ch. 167, § 1; P.L. 1984, ch. 333, § 1; P.L. 1988, ch. 531, § 1; P.L. 1995, ch. 370, art. 27, § 1.

45-19-11. Filing of lists of fire fighters.

The secretary of all incorporated protective departments cooperating with fire departments, incorporated volunteer fire companies, and all fire fighters in a town having no organized fire department entitled to the benefits under this chapter, shall file, on the first Monday in July of each year with the secretary of the fire fighter’s relief fund of Rhode Island, an alphabetical list of all its members.

History of Section. G.L. 1938, ch. 351, § 9; P.L. 1943, ch. 1375, § 4; G.L. 1956, § 45-19-11 .

45-19-12. Annuities to dependents of deceased fire fighters and appropriations to nondependent parents of deceased fire fighters.

  1. If an active or retired member, of the fire force of a city or town or fire fighter for the town of North Smithfield is killed or dies from injuries received while in the performance of his or her duty as a member or dies of a heart condition, respiratory ailments, or any condition derived from hypertension while still a member, or dies as a victim of homicide while still a member while not in the performance of his or her duty as a member, there shall be paid out of the fire fighter’s relief fund of Rhode Island to the following dependents of the deceased person, the following sums of money:
    1. To the widow or widower or domestic partner, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in the number of regular installments determined by the board and continuing as long as he or she remains unmarried or not in a domestic partnership and commencing with the date of death, but not more than six (6) months prior to the date of filing of the petition by the widow or widower or domestic partner;
    2. An additional annuity of one thousand two hundred dollars ($1,200) a year, payable in the number of regular installments determined by the board, for each child of the deceased person during the time that the child is under the age of eighteen (18) years, or over the age and physically or mentally incapacitated from earning;
    3. If there is no widow or widower or domestic partner and no child, the total sum of ten thousand dollars ($10,000), payable in a lump sum for the benefit of the father and/or mother of the deceased, if not dependent upon him or her for support at the time of his or her death;
    4. If there is any child and no widow or widower or domestic partner or the widow or widower or domestic partner dies later, the sum and the annuity that should have been payable to the widow or widower or domestic partner had there been one or had he or she lived, to or for the benefit of the child or of the children, in equal shares during the previously stated time;
    5. If there is any child, and the widow or widower or domestic partner remarries or enters into a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity not exceeding one thousand two hundred dollars ($1,200) to or for the benefit of each child during the time previously stated; and
    6. If there is no widow or widower or domestic partner and no child, the sum of three thousand six hundred dollars ($3,600) payable in regular installments by the board of fire fighter’s relief, to or for the benefit of the father or mother of the deceased, if dependent upon him or her for support at the time of his or her death, and commencing with the date of death, but not more than six (6) months prior to the date of filing of the petition and continuing so long as the beneficiary is unable to support himself or herself and does not remarry or enter into a domestic partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in the number of regular installments determined by the board.
  2. The amount of the annuity shall, from time to time, be determined within the limits previously stated by the board.
  3. The provisions of this section shall apply, in the case of any active or retired member of the fire force of any city or town or fire fighter for the town of North Smithfield who, from and after January 1, 1935, is killed or dies from injuries received while in the performance of his or her duty, or dies of a heart condition, respiratory ailments, or any condition derived from hypertension. The provisions of this section shall only be construed to apply prospectively.
  4. The amount of the annuity shall not be reduced by reason of receipt of any annuity and/or other payments to any beneficiary from any other source.
  5. Upon the death of a member, the fire chief shall immediately notify the widow or widower or domestic partner of the member, in writing, by registered or certified mail, return receipt requested, of the widow or widower’s or domestic partner’s possible eligibility for benefits under this chapter and the time restriction for filing a claim for the benefits.
  6. In the instance of a member who dies as a victim of homicide while still a member while not in the performance of his or her duty as a member, each and every benefit of this section shall be available to the widow, dependent children and/or family members, as aforementioned, commencing from the date of the homicide.

History of Section. P.L. 1904, ch. 1161, § 7; G.L. 1909, ch. 363, § 29; G.L. 1923, ch. 416, § 25; P.L. 1927, ch. 997, § 1; P.L. 1929, ch. 1328, § 1; P.L. 1930, ch. 1563, § 1; P.L. 1935, ch. 2203, § 1; P.L. 1936, ch. 2397, § 1; G.L. 1938, ch. 351, § 6; P.L. 1941, ch. 1044, § 1; P.L. 1944, ch. 1466, § 1; P.L. 1948, ch. 2013, § 2; P.L. 1956, ch. 3849, § 1; G.L. 1956, § 45-19-12 ; P.L. 1959, ch. 146, § 1; P.L. 1960, ch. 32, § 1; P.L. 1961, ch. 86, § 2; P.L. 1961, ch. 155, § 2; P.L. 1966, ch. 144, § 1; P.L. 1968, ch. 8, § 1; P.L. 1972, ch. 212, § 1; P.L. 1974, ch. 186, § 1; P.L. 1976, ch. 321, § 1; P.L. 1978, ch. 397, § 1; P.L. 1979, ch. 324, § 1; P.L. 1980, ch. 315, § 1; P.L. 1982, ch. 256, § 1; P.L. 1984, ch. 333, § 1; P.L. 1985, ch. 289, § 1; P.L. 1987, ch. 528, § 1; P.L. 1988, ch. 578, § 1; P.L. 1990, ch. 89, § 1; P.L. 2007, ch. 510, § 15; P.L. 2016, ch. 519, § 1.

Retroactive Effective Dates.

P.L. 2016, ch. 519, § 2, provides that the amendment to this section by that act shall be effective as of May 1, 2008.

Cross References.

Exemption of annuities from process or assignment, § 9-26-5 .

NOTES TO DECISIONS

Remedy Not Exclusive.

This section, with respect to the claim of a surviving spouse, is not an exclusive remedy, and thus the plaintiff was not limited to the statutory benefits contained therein, but could seek additional remedies made available by the wrongful death statute, subject to any applicable common-law and statutory defenses. Hargreaves v. Jack, 750 A.2d 430, 2000 R.I. LEXIS 111 (2000).

45-19-12.1. Tuition to children of deceased or disabled fire fighters.

  1. If an active member of the fire force of a city or town or crash rescue crew persons of the state of Rhode Island is killed or dies or becomes totally and permanently disabled from injuries received while in the performance of his or her duty as a member, or dies of a performance-related heart condition, or dies of performance-related respiratory ailments, or dies of any conditions derived from performance-related hypertension or dies as a victim of homicide while still a member while not in the performance of his or her duty as a member, there shall be paid, out of the general fund of the state of Rhode Island, the charges for the tuition of children of the deceased or totally and permanently disabled fire fighters. The benefits shall be extended to the children who are attending, or may attend, the University of Rhode Island, Rhode Island College, or any other college or university operated by the state; provided, that the child has entered the institution while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid granted in this section is available to the child for a period of time that equals the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years.
  2. For the purposes of this section, the words “members of fire force” mean and include any member of a fire force or crash rescue crew persons of any city or town regularly employed at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew persons of any city, town, or state fire fighting department.
  3. In the instance of a member who dies as a victim of homicide while still a member while not in the performance of his or her duty as a member, each and every benefit of this section shall be available to the children commencing from the date of the homicide.

History of Section. P.L. 1979, ch. 267, § 1; P.L. 1981, ch. 202, § 1; P.L. 1984, ch. 333, § 1; P.L. 1987, ch. 277, § 1; P.L. 2016, ch. 519, § 1.

Retroactive Effective Dates.

P.L. 2016, ch. 519, § 2, provides that the amendment to this section by that act shall be effective as of May 1, 2008.

45-19-12.2. Annuities to dependents of deceased auxiliary and volunteer fire fighters and appropriations to nondependent parents of deceased auxiliary and volunteer fire fighters.

  1. If an active member of a volunteer or auxiliary fire force or volunteer crash rescue or ambulance corps is killed or dies from injuries received while in the performance of his or her duty there, shall be paid out of the fire fighter’s relief fund of Rhode Island to the following dependents of the deceased person, the following sums of money:
    1. To the widow or widower or domestic partner beginning at the death, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in regular installments as may be determined by the board and continuing as long as he or she remains unmarried or not in a domestic partnership;
    2. An additional annuity of one thousand two hundred dollars ($1,200) a year, payable in regular installments determined by the board, for each child of the deceased person during the time that the child is under the age of eighteen (18) years, or over that age and physically or mentally incapacitated from earning;
    3. If there is any child and no widow or widower or domestic partner or the widow or widower or domestic partner dies later, the sum and annuity that should have been payable to the widow or widower or domestic partner had there been one or had he or she lived, to or for the benefit of the child or of the children, in equal shares during the previously stated time;
    4. If there is any child and the widow or widower or domestic partner remarries or enters into a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity not exceeding one thousand two hundred dollars ($1,200) to or for the benefit of each child during the previously stated time;
    5. If there is no widow or widower or domestic partner and no child, the total sum of ten thousand dollars ($10,000) payable in a lump for the benefit of the father and/or mother of the deceased, if not dependent upon him or her for support at the time of his or her death; and
    6. If there is no widow or widower or domestic partner and no child, the sum of three thousand six hundred dollars ($3,600) payable in regular installments by the board of fire fighter’s relief, to or for the benefit of the father or mother of the deceased, if dependent upon him or her for support at the time of his or her death, and beginning at the death and continuing so long as the beneficiary is unable to support himself or herself and does not remarry or enter into a domestic partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable in regular installments determined by the board.
  2. The provisions of this section shall be retroactive to July 1, 1988.

History of Section. P.L. 1984, ch. 333, § 2; P.L. 1985, ch. 289, § 1; P.L. 1992, ch. 470, § 1; P.L. 2007, ch. 510, § 15.

45-19-12.3. Tuition to disabled fire fighters.

  1. If an active member of the fire force of a city or town or crash rescue crew persons of the state of Rhode Island becomes totally and permanently disabled from injuries received while in the performance of his or her duty as a member, or if any member of the fire force of a city or town or crash rescue crew persons of the state of Rhode Island becomes totally and permanently disabled from injuries received while in the performance of his or her duty, there shall be paid, out of the general fund of the state of Rhode Island, the charges for the tuition of totally and permanently disabled fire fighters. The benefits are extended to members who are attending or may attend the University of Rhode Island, Rhode Island College, or any other college or university operated by the state; provided, that the aid granted in this section is available for a period of time that equals the normal time for completing the courses regularly offered by the institution, but in no case more than four (4) years.
  2. For the purposes of this section, the words “members of fire force” mean and include any member of a fire force or crash rescue crew persons of any city or town regularly employed at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew persons of any city, town or state fire fighting department.

History of Section. P.L. 1989, ch. 465, § 1.

45-19-13. Appropriations taking place of funds.

Wherever in §§ 45-19-3 45-19-14 reference is made to the police officer’s relief fund or to the fire fighter’s relief fund, in either instance, the word “fund” is construed to mean the appropriations made by the general assembly in accordance with §§ 45-19-3 and 45-19-7 .

History of Section. P.L. 1943, ch. 1376, § 2; G.L. 1956, § 45-19-13 ; P.L. 2009, ch. 310, § 48.

45-19-14. Appropriations by towns to dependents of deceased police officers and fire fighters.

The several cities and towns are authorized and empowered to make a special appropriation to surviving widows or widowers or domestic partners, or other surviving dependents, of a deceased fire fighter or police officer who has been in the service of a city or town for a period of at least two (2) years and has lost his or her life, or received injuries resulting in permanent disability, or incurred illness resulting in death, while in the line of duty as a fire fighter or police officer. This appropriation may be in addition to any service pension granted to the widows or widowers or domestic partners of any fire fighters or police officers under the provisions of any law or any ordinance of any city or town; provided, that the appropriation does not exceed the sum of five thousand dollars ($5,000) for any one person.

History of Section. G.L. 1909, ch. 47, § 91/2; P.L. 1933, ch. 2039, § 1; G.L. 1938, ch. 351, § 8; G.L. 1956, § 45-19-14 ; P.L. 1984, ch. 333, § 1; P.L. 2007, ch. 510, § 15.

45-19-15. Extension of provisions to widows or widowers or domestic partners of other deceased police officers and fire fighters.

The legislative body of any city or town may, by ordinance, provide that the provisions of §§ 45-19-4 and 45-19-12 apply in the case of any unremarried widow or widower or domestic partner, of any police officer or fire fighter which police officer or fire fighter died while in service or was retired from the police or fire force of a city or town on pensions prior to his or her death. The annuities shall be paid to the widow or widower or domestic partner by the proper authority of the city or town in which the police officer or fire fighter was employed at the time of his or her retirement.

History of Section. P.L. 1956, ch. 3767, § 1; G.L. 1956, § 45-19-15 ; P.L. 1984, ch. 333, § 1; P.L. 2007, ch. 510, § 15.

45-19-16. Presumption of disability in the line of fire fighting duty.

Notwithstanding the provisions of any general or special law or to any state or municipal retirement system, any city or town may, by ordinance, provide that every condition of impairment of health caused by smoke inhalation of the lungs or respiratory tract, resulting in total disability or death to a uniformed member of a paid fire department, is presumed to have been suffered in the line of duty as a result of the inhalation of noxious fumes or poisonous gases, unless the contrary is shown by competent evidence; provided, that the person benefiting by the presumption passes a physical examination upon entry into service or subsequent to entry an examination failed to reveal any evidence of the condition.

History of Section. P.L. 1963, ch. 202, § 1.

45-19-17. Operation of emergency vehicles — Accidents.

Whenever the operator of an authorized emergency vehicle, as defined in § 31-1-3 , or the operator of an authorized emergency vehicle for a nonprofit volunteer organization who is operating the vehicle in compliance with § 31-12-1 et seq., is involved in an accident while responding to an order from his or her department to render emergency assistance, or returning from an emergency or en route to or from official business his or her right to operate a motor vehicle shall not be affected by reason of any civil negligence attendant upon the operation of the emergency vehicle, in the scope of their duties nor shall the rate, chargeable to the operator for liability insurance coverage for the occurrence, be increased or the coverage cancelled because of the negligence.

History of Section. P.L. 1968, ch. 143, § 1; P.L. 1984, ch. 333, § 1; P.L. 2003, ch. 406, § 1.

45-19-18. Pensions for certain police officers and fire fighters.

Every police officer and fire fighter of any city or town who served the city or town for at least twenty-five (25) years, or is now or hereafter receiving a retirement allowance from a city or town retirement system after at least twenty-five (25) years’ membership in a system prior to retirement, or who was retired by a city or town retirement system because of a disability incurred as the result of an accident while in the performance of duty, may receive from the city or town an additional sum of money, assuring to the employee the sum of two hundred and fifty dollars ($250) per month.

History of Section. P.L. 1969, ch. 97, § 1.

45-19-19. City and town ordinances providing for retirement of sick or injured police officers or fire fighters.

The city or town councils of the various cities and towns may provide, by ordinance or through collective bargaining, for the retirement of the personnel of their police and fire departments who have been on leave of absence from their employment due to sickness contracted or injuries sustained in the performance of their duties; provided, that no ordinance is contrary to any pension cost of living increase or escalator clause in a collective bargaining agreement, and provided, further, that no ordinance provides for a disability retirement allowance of less than sixty-six and two-thirds percent (662/3%) of a retiree’s annual salary at the time of retirement nor more than one hundred percent (100%) of a retiree’s annual salary.

History of Section. P.L. 1990, ch. 189, § 1; P.L. 1994, ch. 245, § 1.

NOTES TO DECISIONS

Construction With Other Laws.

Sentence 1 of the Injured-on-duty (IOD) statute, R.I. Gen. Laws § 45-19-1(a) , applied only while the beneficiary remained a member of the department and was never intended to supplement retirement benefits; Sentence 2 of the IOD statute, a general provision, conflicted with R.I. Gen. Laws § 45-19-19 , a more specific provision, which therefore acted as an exception pursuant to R.I. Gen. Laws § 43-3-26 . Cahoon v. Shelton, 647 F.3d 18, 2011 U.S. App. LEXIS 15034 (1st Cir. 2011).

Special Acts.

The 1994 amendment to this section does not require a city or town that does provide for a disability retirement allowance for firefighters to pay at least 66% percent of the retired firefighter’s annual salary. A general statute does not repeal special legislation that authorizes or permits a municipality to establish its own pension fund. Palazzo v. DeLuca, 694 A.2d 747, 1997 R.I. LEXIS 166 (1997).

Where a city adopted an ordinance in accordance with special statutory provisions, its comprehensive plan for the retirement of disabled police officers would not be superseded by general statutes even though they were applicable to the same subject matter. Morry v. City of Warwick, 742 A.2d 1205, 2000 R.I. LEXIS 4 (2000).

Chapter 19.1 Cancer Benefits for Fire Fighters

45-19.1-1. Legislative findings.

  1. The general assembly finds and declares that by reason of their employment:
    1. Fire fighters are required to work in the midst of, and are subject to, smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances;
    2. Fire fighters are continually exposed to a vast and expanding field of hazardous substances through hazardous waste sites and the transportation of those substances;
    3. Fire fighters are constantly entering uncontrolled environments to save lives and reduce property damage and are frequently not aware of potential toxic and carcinogenic substances that they may be exposed to;
    4. Fire fighters, unlike other workers, are often exposed simultaneously to multiple carcinogens, and the rise in occupational cancer among fire fighters can be related to the rapid proliferation of thousands of toxic substances in our every day environment; and
    5. The onset of cancers in fire fighters can develop very slowly, usually manifesting themselves from five (5) years to forty (40) years after exposure to the cancer-causing agent.
  2. The general assembly further finds and declares that all of the previously stated conditions exist and arise out of or in the course of that employment.

History of Section. P.L. 1986, ch. 68, § 1.

NOTES TO DECISIONS

Construction.

General Assembly intended that a cancer diagnosis be proven to be an occupational cancer before a firefighter is entitled to receive occupational cancer disability benefits, as R.I. Gen. Laws § 45-19.1-1 et seq. does not contain a conclusive, or for that matter any, presumption that all cancers in firefighters are occupational cancers. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

Illustrative Cases.

Arbitrator properly found that a city was obligated to provide injured on-duty benefits to a fire chief, because Rhode Island’s Cancer Benefits for Fire Fighters statute, R.I. Gen. Laws tit. 45, ch. 19.1, provided such benefits to firefighters who, like the chief, were diagnosed with cancer. Thus, the chief was entitled to have sick leave used during his cancer treatment restored to him pursuant to R.I. Gen. Laws § 45-19-1 . City of E. Providence v. Int'l Ass'n of Firefighters, 982 A.2d 1281, 2009 R.I. LEXIS 130 (2009).

Scope.

Rhode Island’s Cancer Benefits for Fire Fighters statute, R.I. Gen. Laws tit. 45, ch. 19.1, applies to all firefighters in Rhode Island, including those who participate in the municipal retirement system. City of E. Providence v. Int'l Ass'n of Firefighters, 982 A.2d 1281, 2009 R.I. LEXIS 130 (2009).

45-19.1-2. Definitions.

The following terms when used in this chapter have the following meanings:

  1. “Disability” means a condition of physical incapacity to perform any assigned duty or duties in the fire department.
  2. “Fire department” means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from any fire or disaster.
  3. “Fire fighter” means an individual, paid or volunteer, who is assigned to a fire department and is required to respond to alarms and performs emergency action.
  4. “Occupational cancer” means a cancer arising out of his or her employment as a fire fighter, due to injury from exposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in the fire department.

History of Section. P.L. 1986, ch. 68, § 1.

NOTES TO DECISIONS

Occupational Cancer.

General Assembly intended that a cancer diagnosis be proven to be an occupational cancer before a firefighter is entitled to receive occupational cancer disability benefits, as R.I. Gen. Laws § 45-19.1-1 et seq. does not contain a conclusive, or for that matter any, presumption that all cancers in firefighters are occupation cancers. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

45-19.1-3. Occupational cancer disability for fire fighters.

  1. Any fire fighter, including one employed by the state, or a municipal fire fighter employed by a municipality that participates in the optional retirement for police officers and fire fighters, as provided in chapter 21.2 of this title, who is unable to perform his or her duties in the fire department by reason of a disabling occupational cancer which develops or manifests itself during a period while the fire fighter is in the service of the department, and any retired member of the fire department of any city or town who develops occupational cancer, is entitled to receive an occupational cancer disability, and he or she is entitled to all of the benefits provided for in chapters 19, 21 and 21.2 of this title and chapter 10 of title 36 if the fire fighter is employed by the state.
  2. The provisions of this section apply retroactively in the case of any retired member of the fire department of any city or town.

History of Section. P.L. 1986, ch. 68, § 1; P.L. 1988, ch. 154, § 1; P.L. 1988, ch. 252, § 1.

NOTES TO DECISIONS

Construction.

General Assembly intended that a cancer diagnosis be proven to be an occupational cancer before a firefighter is entitled to receive occupational cancer disability benefits, as R.I. Gen. Laws § 45-19.1-1 et seq. does not contain a conclusive, or for that matter any, presumption that all cancers in firefighters are occupation cancers. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

45-19.1-4. Conclusive presumption.

  1. Any type of cancer found in a firefighter is conclusively presumed to be an occupational cancer as that term is defined in § 45-19.1-2 .
  2. This conclusive presumption shall not apply to firefighters hired after July 22, 2020, in the following situations:
    1. If a physical examination was conducted at the time the firefighter was hired and the examination revealed that person had cancer; or
    2. If the firefighter has completed less than two (2) years of employment with his or her fire department; or
    3. If the firefighter has regularly or habitually used tobacco products during the five (5) years prior to any diagnosis of cancer.
  3. The provisions of this section shall apply retroactively to all cancer-related illnesses, injuries, and disability claims pending on or after July 22, 2020.

History of Section. P.L. 2020, ch. 62, § 1; P.L. 2020, ch. 69, § 1.

Compiler’s Notes.

P.L. 2020, ch. 62, § 1, and P.L. 2020, ch. 69, § 1 enacted identical versions of this section.

Retroactive Effective Dates.

P.L. 2020, ch. 62, § 3 provides: “This act shall take effect upon passage [July 22, 2020] and shall be given retroactive as well as prospective effect and shall apply to all cancer-related illnesses, injuries and disability claims pending upon the effective date of this act.”

P.L. 2020, ch. 69, § 3 provides: “This act shall take effect upon passage [July 22, 2020] and shall be given retroactive as well as prospective effect and shall apply to all cancer-related illnesses, injuries and disability claims pending upon the effective date of this act.”

Chapter 20 Appeals from Police and Fire Departments

45-20-1. Petition for judicial review of removal of firefighter.

  1. Any firefighter or firefighters, jointly or severally aggrieved by any decision of the bureau of police and fire or any similar department, board or bureau of a city or town having control of the fire department of the city or town, which decision orders the removal of the person from membership in the fire department based on criminal charges, may present, to the superior court of the state of Rhode Island for the county in which the city or town is located, a verified petition stating that the decision is illegal in whole or in part and specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the decision of the department, board, or bureau.
  2. Upon the presentation of the petition, the court may allow a writ of certiorari directed to the department, board, or bureau to review its decision, and shall prescribe in the unit the time authorized which a return to the unit must be made, which shall be not less than twenty (20) days and may be extended by the court.
  3. The allowance of the writ does not stay the effect of the decision.

History of Section. P.L. 1948, ch. 2083, § 1; G.L. 1956, § 45-20-1 ; P.L. 1968, ch. 242, § 1; P.L. 2021, ch. 400, § 27, effective July 13, 2021; P.L. 2021, ch. 401, § 27, effective July 13, 2021.

Compiler's Notes.

P.L. 2021, ch. 400, § 27, and P.L. 2021, ch. 401, § 27 enacted identical amendments to this section.

Comparative Legislation.

Appeals from police and fire departments:

Conn. Gen. Stat. § 7-422.

Mass. Ann. Laws ch. 31, § 44.

NOTES TO DECISIONS

Nature of Remedy.

This section does not give police officer a remedy equivalent to petition in equity, but confers jurisdiction upon superior court to review decision of police bureau by certiorari. Carlson v. McLyman, 77 R.I. 177 , 74 A.2d 853, 1950 R.I. LEXIS 65 (1950).

Review by Supreme Court.

Bill of exceptions was not proper remedy to review decision of superior court, but in view of fact that case was of first impression, statute provided for no ordinary appellate proceedings, and trial court held different views as to procedure, supreme court would treat bill of exceptions as certiorari and grant relief to which plaintiff was entitled. Carlson v. McLyman, 77 R.I. 177 , 74 A.2d 853, 1950 R.I. LEXIS 65 (1950).

Right to Review.

This section gives police officer a review of police bureau’s decision by certiorari in the superior court as a matter of right in contradistinction to his right to apply to supreme court for such writ. Carlson v. McLyman, 77 R.I. 177 , 74 A.2d 853, 1950 R.I. LEXIS 65 (1950).

Collateral References.

Absence of member of board or commission from hearing as affecting validity of removal or discharge. 171 A.L.R. 175.

Acquiescence or delay as affecting rights of member of police department illegally discharged, suspended, or transferred. 145 A.L.R. 767.

Action affecting personal rights or liabilities, removal of police officer for bringing or defending. 74 A.L.R. 500.

Assertion of immunity as ground for discharging police officer. 44 A.L.R.2d 796.

Debts, failure of police officer to pay creditors, on claims not related to his office or position as ground or justification for removal or suspension. 127 A.L.R. 495.

Mistreatment of prisoner as ground for removal. 100 A.L.R. 1401.

Refusal of police officer to answer frankly questions asked him during an investigation as ground for removal or discipline. 77 A.L.R. 616.

Rights of public employees in grievance proceedings. 46 A.L.R.4th 912.

45-20-1.1. Petition for judicial review of disciplinary action against police officers.

  1. Any police officer or police officers, jointly or severally, aggrieved by any decision of the bureau of police and fire, or any similar department, board, or bureau of a city or town having control of the police department, or any other duly constituted authority within the police department of the city or town, which decision orders the dismissal, reduction in rank, suspension, fine, performance of extra hours of duty, loss of seniority rights, transfer with or without a reduction in pay, or reprimand, and the decision is based on charges involving violation of departmental regulations, may appeal the decision to the superior court of the state of Rhode Island for the county in which the city or town is located; provided, that no appeal is allowed unless all administrative remedies available under the municipal charter have been exhausted; and, provided, further, that an appeal does not stay the operation of the decision. Upon appeal, the police officer or police officers are entitled to a trial de novo before a justice of the superior court without a jury.
  2. The superior court may uphold the decision, reverse the decision, restore the police officer to the officer’s former rank, revoke the suspension, reduce the penalty, negate the transfer, or allow a transfer without loss of pay. If the decision is reversed or modified by the superior court, the police officer or police officers shall, to the extent that the decision is reversed or modified, be reimbursed monetarily or by compensatory time off for all loss of pay and/or extra duty hours performed.

History of Section. P.L. 1968, ch. 242, § 2; P.L. 2021, ch. 400, § 27, effective July 13, 2021; P.L. 2021, ch. 401, § 27, effective July 13, 2021.

Compiler's Notes.

P.L. 2021, ch. 400, § 27, and P.L. 2021, ch. 401, § 27 enacted identical amendments to this section.

NOTES TO DECISIONS

Constitutionality.

Provision in this section for a trial de novo in superior court upon appeal by a police officer of a personnel board decision is not a violation of the separation of powers doctrine set forth in R.I. Const., art. III , since the legislature has power to prescribe the mode of appeal from administrative proceedings which are judicial or quasi-judicial in nature. Weeks v. Personnel Bd. of Review, 118 R.I. 243 , 373 A.2d 176, 1977 R.I. LEXIS 1452 (1977).

Probationary Police Officer.

A probationary police officer did not become a regular member of the police force and entitled to a hearing upon dismissal by reason of the fact that he was employed beyond the one-year probation period without affirmative action by either the town council or the chief of police to confer upon him status as a regular member of the police force. Southland v. Town Council of S. Kingstown, 108 R.I. 738 , 279 A.2d 441, 1971 R.I. LEXIS 1334 (1971).

Review.

Although policeman suspended from force for wearing moustache contrary to provisions of an administrative regulation has an adequate remedy at law by appealing under this section, he is not required to exhaust this remedy before bringing action in federal court under U.S.C. tit. 28, §§ 1331, 2201, 2202 and tit. 42, § 1983 on ground such suspension is in derogation of his civil rights. Potter v. McQueeney, 338 F. Supp. 1133, 1972 U.S. Dist. LEXIS 14926 (D.R.I. 1972).

Since this section does not provide any method for appellate review of actions taken in the superior court, there is no further right of appeal to the supreme court. Kurbiec v. Bastien, 120 R.I. 111 , 385 A.2d 667, 1978 R.I. LEXIS 641 (1978).

Although there is no right of appeal to the supreme court under this section, under R.I. Const., Amend. 12 (now see Art. X, sec. 2), the supreme court can exercise final revisory and appellate jurisdiction pursuant to its powers to issue prerogative writs, such as certiorari. Kurbiec v. Bastien, 120 R.I. 111 , 385 A.2d 667, 1978 R.I. LEXIS 641 (1978).

The only review of a judgment by superior court under this section is by common-law certiorari and not by appeal. Kurbiec v. Bastien, 428 A.2d 303, 1981 R.I. LEXIS 1100 (1981).

This section clearly contemplates that the superior court will render a final decision in respect to the disciplining of a policeman which decision will terminate the proceedings. Kurbiec v. Bastien, 428 A.2d 303, 1981 R.I. LEXIS 1100 (1981).

In a de novo hearing under this section, the superior court is not constricted by the doctrines of appellate review but may substitute its judgment for that of the municipal board. This does not mean that the superior court could not act upon a stipulated set of facts. Kurbiec v. Bastien, 428 A.2d 303, 1981 R.I. LEXIS 1100 (1981).

This section does not provide for a remand to the municipal board. Kurbiec v. Bastien, 428 A.2d 303, 1981 R.I. LEXIS 1100 (1981).

45-20-2. Papers returned by department — Contents of writ — Decision.

  1. The department, board, or bureau are not required to return the original papers acted upon by it, but it is sufficient to return verified or sworn copies of the papers or of the portions called for by the writ.
  2. The writs shall concisely state any other facts that may be pertinent and material to show the grounds of the decision and shall be verified.
  3. The court must either refuse or affirm wholly the decision brought up for review.

History of Section. P.L. 1948, ch. 2083, § 1; G.L. 1956, § 45-20-2 .

45-20-3. Other remedies unaffected.

The remedy for review provided in this chapter is not exclusive of any other remedy or procedure otherwise available.

History of Section. P.L. 1948, ch. 2083, § 1; G.L. 1956, § 45-20-3 ; P.L. 1999, ch. 354, § 47.

Chapter 21 Retirement of Municipal Employees

45-21-1. Purpose of chapter.

It is the express intention of the legislature by the passage of this chapter to provide an actuarially financed retirement system for municipal employees, properly integrated with the federal Social Security Act, 42 U.S.C. § 301 et seq., to the end that adequate benefits may be established for the employees of any municipality who become superannuated or otherwise incapacitated while in service, and whereby the employees may be assisted in accumulating reserves for themselves and their dependents to satisfactorily meet the conditions incident to old age, death, disability, and termination of the employees, in the interest of maintaining and promoting efficiency and economy in the administration of government.

History of Section. P.L. 1951, ch. 2784, § 1; G.L. 1956, § 45-21-1 .

Cross References.

Federal old-age and survivors’ insurance, §§ 36-7-1 36-7-34 .

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

Comparative Legislation.

Retirement systems:

Conn. Gen. Stat. §§ 7-425 — 7-459a.

Mass. Ann. Laws ch. 32, §§ 1 — 102.

Collateral References.

Arbitration of labor disputes involving public employees. 68 A.L.R.3d 885.

Mandatory retirement based on age. 81 A.L.R.3d 811.

Validity of statute or ordinance providing for pensions for municipal employees. 37 A.L.R. 1162.

45-21-2. Definitions.

The following words and phrases as used in this chapter have the following meanings unless a different meaning is plainly required by the context:

  1. “Accumulated contributions” means the sum of all amounts deducted from the compensation of a member and credited to his or her individual account in the members’ contribution reserve account.
  2. “Active member” means any employee of a participating municipality as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to §§ 45-21-41 , 45-21-41 .1 or 45-21.2-14 .
  3. “Actuarial reserve” means the present value of all payments to be made on account of any annuity, retirement allowance, or benefit, computed upon the basis of mortality tables adopted by the retirement board with regular interest.
  4. “Beneficiary” means any person in receipt of a retirement allowance, annuity, or other benefit as provided by this chapter.
  5. For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
    1. Both partners were at least eighteen (18) years of age and were mentally competent to contract;
    2. Neither partner was married to anyone else;
    3. Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
    4. Partners resided together and had resided together for at least one year at the time of death; and
    5. Partners were financially interdependent as evidenced by at least two (2) of the following:
      1. Domestic partnership agreement or relationship contract;
      2. Joint mortgage or joint ownership of primary residence;
      3. Two (2) of: (I) Joint ownership of motor vehicle; (II) Joint checking account; (III) Joint credit account; (IV) Joint lease; and/or
      4. The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.
  6. “Effective date of participation” means the date on which the provisions of this chapter have become applicable to a municipality accepting the provisions of the chapter in the manner stated in § 45-21-4 .
  7. “Employee” means any regular and permanent employee or officer of any municipality, whose business time at a minimum of twenty (20) hours a week is devoted to the service of the municipality, including elective officials and officials and employees of city and town housing authorities. Notwithstanding the previous sentence, the term “employee,” for the purposes of this chapter, does not include any person whose duties are of a casual or seasonal nature. The retirement board shall decide who are employees within the meaning of this chapter, but in no case shall it deem as an employee any individual who annually devotes less than twenty (20) business hours per week to the service of the municipality and who receives less than the equivalent of minimum wage compensation on an hourly basis for his or her services, except as provided in § 45-21-14.1 . Casual employees mean those persons hired for an occasional period or a period of emergency to perform special jobs or functions not necessarily related to the work of regular employees. Any commissioner of a municipal housing authority, or any member of a part-time state board commission, committee or other authority is not deemed to be an employee within the meaning of this chapter.
    1. “Final compensation” for members who are eligible to retire on or prior to June 30, 2012, means the average annual compensation, pay, or salary of a member for services rendered during the period of three (3) consecutive years within the total service of the member when the average was highest, and as the term average annual compensation is further defined in § 36-8-1 . For members eligible to retire on or after July 1, 2012, “final compensation” means the average of the highest five (5) consecutive years of compensation within the total service when the final compensation was the highest.
    2. For members who become eligible to retire on or after July 1, 2012, if more than one half (1/2) of the member’s total years of service consist of years of service during which the member devoted less than thirty (30) business hours per week to the service of the municipality, but the member’s average compensation consists of three (3) or more years during which the member devoted more than thirty (30) business hours per week to the service of a municipality, such member’s average compensation shall mean the average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest; provided however, effective July 1, 2015, if such member’s average compensation as defined in subsection (a) above is equal to or less than thirty-five thousand dollars ($35,000), such amount to be indexed annually in accordance with § 45-21-52(d)(1)(B) , such member’s average compensation shall mean the greater of: (i) The average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest; or (ii) The member’s average compensation as defined in subsection (a) above. To protect a member’s accrued benefit on June 30, 2012, under this subsection (8)(b), in no event shall a member’s average compensation be lower than his or her average compensation determined as of June 30, 2012. Notwithstanding the preceding provisions, in no event shall a member’s final compensation be lower than his or her final compensation determined as of June 30, 2012.
  8. “Fiscal year” means the period beginning on July 1 in any year and ending on June 30 of the next succeeding year.
  9. “Full actuarial costs” or “full actuarial value” mean the lump sum payable by a member claiming service credit for certain employment for which payment is required, which is determined according to the age of the member and his or her annual rate of compensation at the time he or she applies for service credit, and which is expressed as a rate percent of the annual rate of compensation to be multiplied by the number of years for which he or she claims the service credit, as prescribed in a schedule adopted by the retirement board, from time to time, on the basis of computation by the actuary. Except as provided in §§ 16-16-7.1 , 36-5-3 , 36-9-31 , 36-10-10.4 , and 45-21-53 : (i) All service credit purchases requested after June 16, 2009, and prior to July 1, 2012, shall be at full actuarial value; and (ii) All service credit purchases requested after June 30, 2012, shall be at full actuarial value which shall be determined using the system’s assumed investment rate of return minus one percent (1%).
  10. “Governing body” means any and all bodies empowered to appropriate monies for, and administer the operation of, the units as defined in subdivision (1) of this section.
  11. “Member” means any person included in the membership of the retirement system as provided in § 45-21-8 .
  12. “Municipality” means any town or city in the state of Rhode Island, any city or town housing authority, fire, water, sewer district, regional school district, public building authority as established by chapter 14 of title 37, or any other municipal financed agency to which the retirement board has approved admission in the retirement system.
  13. “Participating municipality” means any municipality which has accepted this chapter, as provided in § 45-21-4 .
  14. “Prior service” means service as a member rendered before the effective date of participation as defined in this section, certified on his or her prior service certificate, and allowable as provided in § 45-21-15 .
  15. “Regular interest” means interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board.
  16. “Retirement allowance” or “annuity” means the amounts paid to any member of the municipal employees’ retirement system of the state of Rhode Island, or a survivor of the member, as provided in this chapter. All retirement allowances or annuities shall be paid in equal monthly installments for life, unless otherwise specifically provided.
  17. “Retirement board” or “board” means the state retirement board created by chapter 8 of title 36.
  18. “Retirement system” means the “municipal employees’ retirement system of the state of Rhode Island” as defined in § 45-21-32 .
  19. “Service” means service as an employee of a municipality of the state of Rhode Island as defined in subdivision (7).
  20. “Total service” means prior service as defined in subdivision (15) plus service rendered as a member on or after the effective date of participation.
  21. Any term not specifically defined in this chapter and specifically defined in chapters 8 through 10 of title 36 shall have the same definition as set forth in chapters 8 through 10 of title 36.

History of Section. P.L. 1951, ch. 2784, § 2; G.L. 1956, § 45-21-2 ; R.P.L. 1957, ch. 135, § 1; P.L. 1966, ch. 283, § 1; P.L. 1967, ch. 121, § 3; P.L. 1967, ch. 143, § 1; P.L. 1967, ch. 164, § 1; P.L. 1971, ch. 50, § 2; P.L. 1973, ch. 177, § 1; P.L. 1973, ch. 202, § 1; P.L. 1980, ch. 117, § 1; P.L. 1980, ch. 178, § 1; P.L. 1980, ch. 259, § 1; P.L. 1980, ch. 367, § 1; P.L. 1982, ch. 202, § 1; P.L. 1992, ch. 306, art. 3, § 2; P.L. 1994, ch. 142, § 5; P.L. 1998, ch. 411, § 3; P.L. 2007, ch. 510, § 16; P.L. 2009, ch. 310, § 49; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11; P.L. 2015, ch. 141, art. 21, § 15.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

Collateral References.

Provision referring to “employees” as including public officers. 5 A.L.R.2d 415.

45-21-3. Effective date of operations.

The retirement system created in this chapter begins operations when at least five (5) municipalities, having a combined number of eligible employees for participation in the system of not less than one hundred fifty (150), have accepted the provisions of this chapter, and the effective date of operations shall be the first day of July following the date when these conditions have been fulfilled.

History of Section. P.L. 1951, ch. 2784, § 3; G.L. 1956, § 45-21-3 .

45-21-4. Acceptance by municipalities — Effective date.

  1. Any municipality may accept this chapter by an ordinance or resolution of its governing body stating the group or groups of employees to be included as provided in § 45-21-7 . When the ordinance or resolution has been approved, a certified copy of it shall be forwarded to the retirement board by the city clerk or the moderator of the financial town meeting. After the system has begun operations, the effective date of participation of any municipality shall be the first day of July at least ninety (90) days following the receipt by the retirement board of the certified copy of the ordinance or resolution as provided in this section.
  2. The Smithfield Town Council may by resolution provide that regular police officers hired after July 2, 1999 and/or regular firefighters who are members of Smithfield’s private pension system may become members of the Municipal Employees’ Retirement System of the State of Rhode Island in accordance with chapters 21 or 21.2 of this title. No resolution may be adopted by the Town of Smithfield pursuant to this subsection until an actuary study has been completed to determine the potential cost of the resolution. The cost of the actuary study shall be paid by the Town of Smithfield.

History of Section. P.L. 1951, ch. 2784, § 3; G.L. 1956, § 45-21-4 ; P.L. 1999, ch. 353, § 1; P.L. 2004, ch. 513, § 1; P.L. 2004, ch. 569, § 1; P.L. 2006, ch. 300, § 1.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

NOTES TO DECISIONS

In General.

Since the city had opted into the Municipal Employees Retirement System, pursuant to this section, to provide pension benefits for its municipal employees, the plaintiff, having voluntarily elected to recover his disability pension benefits from that system, may not now, 19 years later, seek benefits pursuant to § 45-19-1 . Lanni v. Ferrante, 688 A.2d 865, 1997 R.I. LEXIS 36 (1997).

Where a retired and disabled municipal police officer had received benefits pursuant to a town Municipal Employees Retirement System (MERS), pursuant to R.I. Gen. Laws § 45-21-1 et seq., for a number of years, he forfeited his right to seek supplemental benefits and additional medical expense payments under the Injured on Duty statute, R.I. Gen. Laws § 45-19-1 ; the failure of the town to have strictly followed the procedures set out in R.I. Gen. Laws § 45-21-4(a) for the enactment of the MERS plan did not render it procedurally defective and void where it was in place and followed for a number of years, all parties accepted the benefits of it, and the intention of the town by its actions in adopting the plan by the town council was clearly an acceptance. Elliott v. Town of Warren, 818 A.2d 652, 2003 R.I. LEXIS 47 (2003).

45-21-5. Procedure for withdrawal of municipality.

A municipality may withdraw from the retirement system established by this chapter or may withdraw any of its departments or agencies by the same procedure provided in § 45-21-4 for acceptance of the chapter; provided, that the withdrawal does not relieve the municipality from the liabilities arising from retirement allowances, annuities, or other benefits already granted or determined, or rights and expectatives relative thereto that have become vested in employees of that municipality or in the survivors of those employees, which are discharged by the payment by the retirement system to the employees or beneficiaries concerned, computed according to the actuarial tables in use by the system; and provided, further, that the withdrawal is conditioned upon the written approval of a majority of the employees in the department or agency.

History of Section. P.L. 1951, ch. 2784, § 4; G.L. 1956, § 45-21-5 ; P.L. 1973, ch. 13, § 1.

45-21-6. Settlement on withdrawal from system.

  1. Upon withdrawal from the system, the retirement board retains in the system from contributions made by the members from the municipality and by the municipality the following amounts:
    1. An amount equal to the actuarial value, determined in accordance with the actuarial tables in use by the system, of the retirement and disability allowances in force, being paid to former employees of the municipality who were granted allowances as members of the system or to the beneficiaries of those members;
    2. An amount equal to the actuarial value of deferred annuities to members who have not retired but who have acquired a vested right to a retirement allowance who may desire to maintain that vested right; and
    3. An amount equal to the accumulated contributions of the members who have not acquired a vested right which shall be refunded to those members.
  2. Any remainder in the system after providing for the foregoing amounts shall be paid over to the municipality in such amount as the retirement board shall in its sole discretion determine to be prudent and legally permissible; provided, that if no remainder exists and a deficiency to pay those amounts has accumulated, the municipality is liable to the system for the amount of the deficiency as provided in this section.

History of Section. P.L. 1951, ch. 2784, § 4; G.L. 1956, § 45-21-6 ; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-7. Liability of municipalities — Enforcement.

  1. Each participating municipality is liable to the retirement system for the cost of funding a retirement system for its employees who are members of the system, including all contributions collected from employees, including any contributions pursuant to chapter 10.3 of title 36.
  2. The liability of a municipality, including the liability under any formalized, commissioner approved, cooperative service arrangement under this chapter is enforceable by the retirement board against the municipality through appropriate action in the superior court.
  3. The state is further empowered to withhold from any municipality that amount of the municipality’s portion of any shared taxes which is sufficient to satisfy the liability, including any liability pursuant to chapter 10.3 of title 36.

History of Section. P.L. 1951, ch. 2784, § 5; G.L. 1956, § 45-21-7 ; P.L. 1976, ch. 236, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

Section 3 of P.L. 1976, ch. 236, as enacted, read: “This act shall apply retroactively to permit employees of the Regional Center for Special Services, Inc., to join the respective retirement systems as of July 1, 1975, waiving interest penalties”.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-8. Membership in system.

Membership in the retirement system does not begin before the effective date of participation in the system as provided in § 45-21-4 , § 45-21.4-2 , or § 45-21.4-3 and consists of the following:

  1. Any employee of a participating municipality as defined in this chapter, who becomes an employee on and after the effective date of participation, shall, under contract of his or her employment, become a member of the retirement system; provided, that the employee is not receiving any pension or retirement allowance from any other pension or retirement system supported wholly or in part by a participating municipality, and is not a contributor to any other pension or retirement system of a participating municipality. Any employee who is elected to an office in the service of a municipality after the effective date and prior to July 1, 2012, has the option of becoming a member of the system, which option must be exercised within sixty (60) days following the date the employee assumes the duties of his or her office, otherwise that person is not entitled to participate under the provisions of this section;
  2. Any employee or elected official of a participating municipality in service prior to the effective date of participation, who is not a member of any other pension or retirement system supported wholly or in part by a participating municipality, and who does not notify the retirement board in writing before the expiration of sixty (60) days from the effective date of participation that he or she does not wish to join the system, shall automatically become a member; and
  3. Any employee of a participating municipality in service prior to the effective date of participation, who is a member of any other pension or retirement system supported wholly or in part by a participating municipality on the effective date of participation of their municipality, who then or thereafter makes written application to join this system, and waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, becomes a member of this retirement system and shall not be required to make contribution under any other pension or retirement system of a participating municipality, anything to the contrary notwithstanding.
  4. Notwithstanding the provisions of this section, present firefighters employed by the town of Johnston shall establish a pension plan separate from the state of Rhode Island retirement system. If the town of Johnston is thirty (30) days or more late on employer or employee contributions to the pension plan, the auditor general is authorized to redirect any Johnston funds to cover the shortfall or to deduct that amount from any moneys due the town from the state for any purpose other than for education. Disability determinations of present firefighters shall be made by the state retirement board, subject to the provisions of § 45-21-19 , at the town of Johnston’s expense. All new firefighters hired by the town of Johnston shall become members of the state retirement system.
  5. Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of Teamsters Local Union No. 251, hired between the dates of July 1, 2005, and June 30, 2010, inclusive, and who are currently members of the retirement system established by this chapter may opt out of said retirement system and choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.
  6. Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of the Laborers International Union of North America Local 1322 hired between the dates of July 1, 2008, and June 30, 2013, inclusive, and who are currently members of the retirement system established by this chapter may opt out of said retirement system and choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.
  7. Notwithstanding the provisions of this section, any city of Cranston employees who will be members of Teamsters Local Union No. 251, hired after June 30, 2010, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston and shall not be a member of the retirement system established by this chapter.
  8. Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of the Laborers International Union of North America Local 1322 hired after April 23, 2013, shall be enrolled in a defined contribution plan (i.e., 403(b) plan or equivalent thereof) established by the city of Cranston and shall not be a member of the retirement system established by this chapter.
  9. Notwithstanding the provisions of this section, any city of Cranston employees defined in subsections (e) and (f) of this section shall be precluded from purchase of service credit for time served on or after July 1, 2010, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston should the member cease employment with the city of Cranston or Teamsters Local Union No. 251 and re-enter the system with another participating employer who has accepted the provisions as defined, in § 45-21-4 .
  10. Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Teamsters Local Union No. 251 bargaining unit, hired after June 30, 2012, and any town of Middletown employees who are employed as full-time civilian dispatchers, hired after June 30, 2012, and any town of Middletown employees who are not affiliated with any recognized collective bargaining representative or union hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member cease employment with the town of Middletown or in the Teamsters Local Union No. 251 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4 .
  11. Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Middletown Municipal Employees Association NEARI Local 869 bargaining unit hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member cease employment with the town of Middletown or in the Middletown Municipal Employees Association NEARI Local 869 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4 .
  12. Notwithstanding the provisions of this section, any Cranston public school employees who will be members of National Association of Government Employees (NAGE), Local RI-153, hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston school department and shall not be a member of the retirement system established by this chapter.
  13. Notwithstanding the provisions of this section, any Cranston public school employees defined in subsection (l) shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston public schools should the member cease employment with the Cranston public schools or National Association of Government Employees (NAGE), Local RI-153 and re-enter the system with another participating employer who has accepted the provisions as defined in § 45-21-4 .
  14. Notwithstanding the provisions of this section, the chief of police for the city of Cranston who was hired on or about September 2014, shall be enrolled in a defined contribution plan (i.e., 401(a) plan or any equivalent thereof) established by the city of Cranston, and shall not be a member of the retirement system established by this chapter.
  15. Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Middletown Fraternal Order of Police, Lodge #21, and hired as full-time police officers after June 30, 2021, shall be enrolled in a defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2021, while participating in the defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the town of Middletown, should the member cease employment with the town of Middletown or in the Middletown Fraternal Order of Police, Lodge #21 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4 .

History of Section. P.L. 1951, ch. 2784, § 6; G.L. 1956, § 45-21-8 ; P.L. 1989, ch. 54, § 2; P.L. 1991, ch. 377, § 1; P.L. 1999, ch. 490, § 1; P.L. 1999, ch. 513, § 1; P.L. 2009, ch. 310, § 49; P.L. 2010, ch. 275, § 1; P.L. 2010, ch. 286, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11; P.L. 2012, ch. 437, § 1; P.L. 2012, ch. 440, § 1; P.L. 2012, ch. 472, § 1; P.L. 2012, ch. 475, § 1; P.L. 2013, ch. 444, § 1; P.L. 2013, ch. 472, § 1; P.L. 2014, ch. 503, § 1; P.L. 2014, ch. 545, § 1; P.L. 2017, ch. 456, § 1; P.L. 2017, ch. 465, § 1; P.L. 2019, ch. 272, § 1; P.L. 2019, ch. 277, § 1; P.L. 2021, ch. 57, § 1, effective June 18, 2021; P.L. 2021, ch. 58, § 1, effective June 18, 2021.

Compiler’s Notes.

P.L. 2010, ch. 275, § 1, and P.L. 2010, ch. 286, § 1, enacted identical amendments to this section.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

This section was amended by four acts ( P.L. 2012, ch. 437, § 1; P.L. 2012, ch. 440, § 1; P.L. 2012, ch. 472, § 1; P.L. 2012, ch. 475, § 1) passed by the 2012 General Assembly. Since the changes are not in conflict with each other, this section is set out as amended by all four acts.

P.L. 2012, ch. 437, § 1, and P.L. 2012, ch. 472, § 1 enacted identical amendments to this section.

P.L. 2012, ch. 440, § 1, and P.L. 2012, ch. 475, § 1 enacted identical amendments to this section.

P.L. 2013, ch. 444, § 1, and P.L. 2013, ch. 472, § 1 enacted identical amendments to this section.

P.L. 2014, ch. 503, § 1, and P.L. 2014, ch. 545, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 456, § 1, and P.L. 2017, ch. 465, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 272, § 1, and P.L. 2019, ch. 277, § 1 enacted identical amendments to this section.

P.L. 2021, ch. 57, § 1, and P.L. 2021, ch. 58, § 1 enacted identical amendments to this section.

45-21-8.1. Exclusion of elected city, town council or other elected members.

Notwithstanding any provision of this chapter or any provision of the general or public laws to the contrary, no city or town council member, school committee members or other local elected officials, other than elected officials who are compensated for devoting thirty-five (35) or more hours per week to their elected position, elected for the first time after June 30, 2012, shall be allowed membership into the municipal employees’ retirement system, as a result of that elective service.

History of Section. P.L. 2011, ch. 349, § 2; P.L. 2011, ch. 365, § 2; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 349, § 2, and P.L. 2011, ch. 365, § 2 enacted identical versions of this section.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-9. Prior service credit of members joining by election — Purchase of credit for prior service.

  1. No employee of a participating municipality whose membership in the retirement system is contingent on his or her own election to join under § 45-21-8(c) , shall receive prior service credit unless the employee makes application for membership within one year from the effective date of participation of the municipality by which the employee is employed. Any employee who elects not to join this retirement system, as provided in § 45-21-8(b) , may thereafter be admitted to membership, but no employee shall receive credit for prior service unless the employee applies for membership within one year from the effective date of participation of the municipality by which the employee is employed.
  2. Any member who becomes an employee after the effective date of participation by a municipality into the system, has the privilege of purchasing credit for prior service with the city or town of which the employee is now employed. This privilege does not become effective until a member has had at least one year of service following his or her latest reentry into membership with the system, and credit is granted only when the member makes a lump sum payment of six percent (6%) of the rate of compensation in effect on the date of reentry, plus regular interest, compounded annually from that date to the date of purchase. The maximum period of service that may be purchased under this section is ten (10) years. Upon granting prior service under the provisions of this section, the board shall bill the applicable city or town for its share of the total liability for the prior service. Effective July 1, 2012, any purchase requested under this paragraph shall be made by a member at full actuarial cost.

History of Section. P.L. 1951, ch. 2784, § 6; G.L. 1956, § 41-21-9; P.L. 1966, ch. 166, § 1; P.L. 1981, ch. 133, § 2; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-10. Information furnished as to members — Classification.

It is the duty of each participating municipality to submit to the retirement board a statement showing the name, title, compensation, duties, date of birth, and length of service of each member, and any other information that the retirement board requires. The retirement board shall then classify each member in one of the following groups:

  1. Group 1.  Laborers, mechanics, and workers engaged in duties requiring principally physical exertion; and clerical, administrative, professional, and technical workers engaged in duties requiring principally mental exertion;
  2. Group 2.  Members of the fire department of the participating municipality and members of the police department of the participating municipality;
  3. Or in any other group which may be recommended by the actuary on the basis of the service and mortality experience and approved by the retirement board.

History of Section. P.L. 1951, ch. 2784, § 6; G.L. 1956, § 45-21-10 .

45-21-11. Cessation of membership.

Should the service of any member in any period of six (6) consecutive years after last becoming a member amount to a total of less than three (3) years, or should the member withdraw his or her deposited contributions, or should the member become a beneficiary or die, he or she shall then cease to be a member.

History of Section. P.L. 1951, ch. 2784, § 6; G.L. 1956, § 45-21-11 .

45-21-12. Statements as to prior service.

Under the rules and regulations that the retirement board adopts, each member who was an employee on or prior to the effective date of participation of the municipality by which the member is employed, and who became a member within the first year following that date, shall file a detailed statement of all service rendered by him or her as an employee prior to that date, whether the service is in an appointive or elective capacity, for which the employee claims credit, and of any other facts that the retirement board requires for the proper operation of the retirement system.

History of Section. P.L. 1951, ch. 2784, § 7; G.L. 1956, § 45-21-12 .

45-21-12.1. Credit for service as a teacher or state employee.

Any member who has rendered service as a teacher, as defined under the provisions of chapters 16 and 17 of title 16, or as a state employee, as defined by the provisions of chapters 8 to 10 of title 36, is entitled to credit for that service for the various purposes of this system; provided, that the member was a contributing member for that period. All contributions made by the member for those periods of service shall be transferred in to this system and the retirement system shall calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between the full actuarial value of the accrued benefit with the former employer and the employee’s contributions from the account of the former employer to the account of the current employing municipality. In any case in which a member has received a refund or refunds of contributions made to the system, the allowance of the previously stated credit for service is conditioned upon the repayment of the refund or refunds, including regular interest from the date of refund to the date of repayment. Any service as defined in this section for which no contributions were made, may be granted; provided, that the member pays to the retirement system a lump sum payment equal to the amount had he or she been a member during that period, plus interest as defined in this section. Effective July 1, 2012, any purchase requested under this paragraph shall be made by a member at full actuarial cost. The retirement board shall fix and determine rules and regulations that are needed to govern the provisions of this section.

History of Section. P.L. 1970, ch. 112, art. 9, § 3; P.L. 1996, ch. 435, § 3; P.L. 1998, ch. 70, § 1; P.L. 1998, ch. 291, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-13. Verification of prior service.

Subject to the previously stated restrictions, and to any other rules and regulations that the retirement board adopts, the retirement board shall verify as soon as practicable after the establishment of the system the statement of service submitted.

History of Section. P.L. 1951, ch. 2784, § 7; G.L. 1956, § 45-21-13 .

45-21-14. Computation of years of service.

  1. The retirement board fixes and determines, by appropriate rules and regulations, how much service in any year is equivalent to a year of service, but in computing the service or in computing the compensation it shall credit no period of more than a month’s duration during which a member was absent without pay, nor shall more than one year of service be credited on account of all service in one calendar year.
  2. Notwithstanding any other section of law, no member of the retirement system is permitted to purchase service credit for any portion of a year for which he or she is already receiving service credit in this retirement system.

History of Section. P.L. 1951, ch. 2784, § 7; G.L. 1956, § 45-21-14 ; P.L. 1997, ch. 169, § 3.

45-21-14.1. Repealed.

History of Section. P.L. 1978, ch. 111, § 1; Repealed by P.L. 2011, ch. 349, § 1; P.L. 2011, ch. 365, § 1, effective July 13, 2011.

Compiler’s Notes.

Former § 45-21-14.1 concerned city or town council service.

45-21-14.2. Leave of absence credits.

  1. Members with at least one year of membership credits who have been granted an official leave of absence without pay for illness, injury, educational or, any other reason, may receive credit for the leave by making contributions to the retirement system, in a lump sum, in an amount equal to the contribution the member would have made to the retirement system based upon the member’s expected compensation but for the granting of leave without pay, plus regular interest compounded annually to date of payment; provided, that the member returns to service for at least one year immediately upon completion of that leave. Credit for leaves of absence under this section are limited, in the aggregate, during the total service of a member to a period of four (4) years maximum. Effective July 1, 2012, any purchase requested under this paragraph shall be made by a member at full actuarial cost.
  2. The retirement board fixes the time when and the conditions under which payments are made under this section.
  3. This section is exempt from the provisions of §§ 45-13-6 45-13-10 .

History of Section. P.L. 1981, ch. 190, § 1; P.L. 1994, ch. 139, § 7; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-15. Prior service certificate.

  1. Upon verification of the statement of service submitted, the retirement board shall issue to the member a prior service certificate certifying to the aggregate length of prior service as an employee. So long as membership continues, a prior service certificate is final and conclusive for retirement purposes as to that service, unless modified by the retirement board upon application made by the member within one year after date of issuance or modification of the prior service certificate or upon discovery by the retirement board of an error or fraud.
  2. When membership ceases, the certificate is void.
  3. Should membership be resumed by the employee, the employee will enter the system as an employee not entitled to prior service credit.

History of Section. P.L. 1951, ch. 2784, § 7; G.L. 1956, § 45-21-15 .

45-21-16. Retirement on service allowance.

Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

    1. Any member who is eligible to retire on or before June 30, 2012, may retire upon the member’s written application to the retirement board as of the first day of the calendar month in which the application was filed, provided the member was separated from service prior to the application, and provided, further, that if separation from service occurs during the month in which application is filed, the effective date is the first day following the separation from service, provided that the member at the time so specified for the member’s retirement has attained the applicable minimum retirement age and has completed at least ten (10) years of total service or who, regardless of age, completed thirty (30) years of total service, and notwithstanding that during the period of notification the member has separated from service. The minimum ages for service retirement (except for employees completing thirty (30) years of service) is fifty-eight (58) years.
    2. Effective July 1, 2012, the following shall apply to all members not eligible to retire prior to July 1, 2012:
      1. A member with contributory service on or after July 1, 2012, shall be eligible to retire upon the completion of at least five (5) years of contributory service and attainment of the member’s Social Security retirement age.
      2. For members with five (5) or more years of contributory service as of June 30, 2012, with contributory service on and after July 1, 2012, who have a retirement age of Social Security retirement age, the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of June 30, 2012, but in no event shall a member’s retirement age under this subparagraph (B) be prior to the attainment of age fifty-nine (59) or prior to the member’s retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall work as follows:

        (1) The formula shall determine the first age of retirement eligibility under the laws in effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;

        1. On or prior to June 30, 2012, the member has been a contributing member of the employees’ retirement system for at least ten (10) years; or
        2. For members in active contributory service on or after July 1, 2012, the member shall have been a contributing member of the employees’ retirement system for at least five (5) years.
  1. The formula shall then take the member’s total service credit as of June 30, 2012, as the numerator and the projected service at retirement age in effect on June 30, 2012, as the denominator;
  2. The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from Social Security retirement age. (C) Effective July 1, 2015, a member who has completed twenty (20) or more years of total service and who has attained an age within five (5) years of the eligible retirement age under subparagraphs (ii)(A) or (ii)(B) above or subsection (iii) below, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the member is less than the eligible retirement age under subparagraphs (ii)(A) or (ii)(B) above or subsection (iii) below in accordance with the following table: Click to view (D) (1) Notwithstanding any other provisions of § 42-21-16(1)(ii), a member who has completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at his or her eligible retirement date as determined under paragraph (i) above provided that a member making an election under this paragraph shall receive the member’s retirement benefit determined and calculated based on the member’s service and average compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a member’s accrued benefit on June 30, 2012. (iii) Notwithstanding any other provisions of subsection (ii) above, effective July 1, 2015, members in active service shall be eligible to retire upon the earlier of: (I) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or (II) The member’s retirement eligibility date under subsections (ii)(A) or (ii)(B) above. (2) Except as specifically provided in §§ 45-21-19 45-21-22 , no member is eligible for pension benefits under this chapter unless:
    1. Provided, however, a person who has ten (10) years service credit on or before June 16, 1991, is vested.
    2. Furthermore, any past service credits purchased in accordance with § 45-21-62 are counted towards vesting.
    3. Any person who becomes a member of the employees’ retirement system pursuant to § 45-21-4 shall be considered a contributing member for the purpose of this chapter.
    4. Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the System. The five (5)-year limit does not apply to any purchases made prior to the effective date of this provision. A member who has purchased more than five (5) years of service credit maximum, before January 1, 1995, shall be permitted to apply the purchases towards the member’s service retirement. However, no further purchase will be permitted. Repayment, in accordance with applicable law and regulation, of any contribution previously withdrawn from the System is not deemed a purchase of service credit.
    5. Notwithstanding any other provision of law, effective July 1, 2012, except for purchases under §§ 16-16-7.1 , 36-5-3 , 36-9-31 , 36-10-10.4 , and 45-21-53 : (I) For service purchases for time periods prior to a member’s initial date of hire; the purchase must be made within three (3) years of the member’s initial date of hire; and (II) For service purchases for time periods for official periods of leave as authorized by law, the purchase must be made within three (3) years of the time the official leave was concluded by the member. Notwithstanding (I) and (II) above, service purchases from time periods prior to June 30, 2012, may be made on or prior to June 30, 2015. (3) No member of the municipal employees’ retirement system is permitted to purchase service credits for casual, temporary, emergency or seasonal employment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate assistant of the college or university.
  3. A member does not receive service credit in this retirement system for any year or portion of a year, which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection does not apply to any payments received pursuant to the federal Social Security Act or to payments from a military pension earned prior to participation in state or municipal employment, or to military service credits earned prior to participation in state or municipal employment.
  4. A member who seeks to purchase or receive service credit in this retirement system has the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension retirement allowance or any annual payment for life. The retirement board has the right to investigate whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitation, the duty to furnish or have furnished to the retirement board any relevant information which is protected by any privacy act.
  5. A member who fails to cooperate with the retirement board shall not have the time of service counted toward total service credit until a time that the member cooperates with the retirement board and until a time that the retirement board determines the validity of the service credit.
  6. A member who knowingly makes a false statement to the retirement board regarding service time or credit is not entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.

Cumulative Year Preceding Cumulative Annual Monthly Retirement Reduction Reduction For Year 1 9% .75% For Year 2 8% .667% For Year 3 7% .583% For Year 4 7% .583% For Year 5 7% .583%

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-16 ; P.L. 1959, ch. 23, § 1; P.L. 1962, ch. 143, § 4; P.L. 1968, ch. 116, § 1; P.L. 1970, ch. 204, § 1; P.L. 1970, ch. 224, § 1; P.L. 1990, ch. 373, § 1; P.L. 1992, ch. 306, art. 3, § 2; P.L. 1993, ch. 231, § 5; P.L. 1994, ch. 139, § 2; P.L. 2003, ch. 245, § 1; P.L. 2003, ch. 302, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11; P.L. 2015, ch. 141, art. 21, § 16.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

NOTES TO DECISIONS

Constitutionality.

Subsection (b)(i) of this section does not violate the Equal Protection Clause of the Fourteenth Amendment as the subsection is applied to the plaintiff. McGrath v. Rhode Island Retirement Bd., 906 F. Supp. 749, 1995 U.S. Dist. LEXIS 16537 (D.R.I. 1995), aff'd, 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

The 1992 amendment to this section, by changing the vesting requirement, did not violate the plaintiff’s due process rights, and did not amount to a taking of private property without just compensation. McGrath v. Rhode Island Retirement Bd., 906 F. Supp. 749, 1995 U.S. Dist. LEXIS 16537 (D.R.I. 1995), aff'd, 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

— Contract Clause.

The Municipal Employees’ Retirement Plan at most extends an offer of a unilateral contract to employees of participating municipalities, and a member’s rights to a retirement annuity are not secure until the member meets the age and service vesting requirements; until such time, § 45-21-47 permits the state to make modifications to, or even terminate, the member’s rights under the plan without offending the Contract Clause. Thus, as applied in this case, the 1992 amendment to this section that changed the vesting requirements did not impair any obligation protected by the Contract Clause. McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

Armed Service Credit.

The plaintiff’s 1991 purchase of military service credit pursuant to §§ 45-21-53 and 36-9-31 formed an implied in fact contract between himself and the retirement system. McGrath v. Rhode Island Retirement Bd., 906 F. Supp. 749, 1995 U.S. Dist. LEXIS 16537 (D.R.I. 1995), aff'd, 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

45-21-16.1. Repealed.

Repealed Sections.

This section (P.L. 1982, ch. 192, § 2) concerning minimum credits within total service, was repealed by P.L. 1992, ch. 306, art. 3, § 1, effective January 1, 1993.

45-21-16.2. Electronic funds transfer.

All members of the municipal employees retirement system retiring under the provisions of this title on or after July 1, 1998, or joining the system pursuant to § 45-21.4-2 or § 45-21.4-3 , are required to participate in electronic funds transfer and to supply the municipal employees retirement system with a bank routing number to effectuate a monthly transfer of benefits.

History of Section. P.L. 1998, ch. 81, § 2; P.L. 2019, ch. 272, § 1; P.L. 2019, ch. 277, § 1.

Compiler’s Notes.

P.L. 2019, ch. 272, § 1, and P.L. 2019, ch. 277, § 1 enacted identical amendments to this section.

45-21-17. Service retirement allowance.

  1. Upon retirement from service after January 1, 1969, a member shall receive a retirement allowance which is a life annuity terminable upon death of the annuitant and is an amount equal to two percent (2%) of final compensation multiplied by the number of years of total service, not to exceed thirty-seven and one-half (371/2) years for services on and prior to June 30, 2012. For service on and after July 1, 2012: (i) For members with fewer than twenty (20) years of total service as of June 30, 2012, a member’s retirement allowance shall be equal to one percent (1%) of the member’s final compensation multiplied by the member’s years of total service on and after July 1, 2012; and (ii) For members with twenty (20) or more years of total service as of June 30, 2012, a member’s retirement allowance shall be equal to one percent (1%) of the member’s average compensation multiplied by the member’s years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1, 2015. For purposes of computing a member’s total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012. In no event shall a member’s retirement allowance exceed seventy-five percent (75%) of the member’s final compensation. Provided, however, that every person elected prior to July 1, 2012, who has served as a part time elected official of the city of Cranston for a period of ten (10) years, is entitled to receive, upon retirement from that part time service, and not being otherwise regularly employed by the city of Cranston in which that person has served, a service retirement allowance equivalent to fifty percent (50%) of the salary received at the time of retirement by that part time elected official; and, provided, further, that if that person retires after a period of service greater than ten (10) years, the person is entitled to receive an additional service retirement allowance equivalent to five percent (5%) of the salary received at the time of retirement for each whole year of service, in excess of ten (10) years up to a maximum additional allowance equivalent to fifty percent (50%) of the salary received.
  2. This section also applies to any former part time elected official of the city of Cranston who is presently receiving retirement benefits from the municipal retirement system.
  3. Every person elected prior to July 1, 2012, who serves or has served at least four (4) years as a part time elected official of the city of Cranston may include that person’s years of service as a member of the general assembly, and any other credits acquired while serving as a legislator, when computing the person’s period of service to the city of Cranston pursuant to the provisions of this section.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-17 ; P.L. 1959, ch. 23, § 2; P.L. 1960, ch. 15, § 1; P.L. 1963, ch. 212, § 1; P.L. 1964, ch. 232, § 1; P.L. 1965, ch. 230, § 1; P.L. 1966, ch. 135, § 1; P.L. 1966, ch. 207, § 1; P.L. 1969, ch. 79, § 1; P.L. 1970, ch. 286, § 1; P.L. 1976, ch. 153, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11; P.L. 2015, ch. 141, art. 21, § 17.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-17.1. Optional service retirement benefits — Applicability to members of city or town legislative bodies.

  1. Every city or town may by ordinance provide that every person who has served as a member of the legislative body of the city or town for a period of ten (10) years and has attained the age of sixty (60), or who has served for a period of twenty (20) years, is entitled to receive upon retirement from the legislative body, and not being otherwise regularly employed by the city or town in which that person has served, a service retirement allowance equivalent to fifty percent (50%) of the salary received at the time of retirement by the legislative official; however, not less than a sum of two hundred dollars ($200) for each year served; provided, further, that if the person retires after a period of service greater than ten (10) years, that person is entitled to receive an additional service retirement allowance equivalent to five percent (5%) of the salary received at the time of retirement for each whole year of service in excess of ten (10) years up to a maximum additional allowance equivalent to fifty percent (50%) of the salary received. Service in excess of six (6) months in any one year constitutes one full retirement credit year. Every person qualified under this section can purchase up to four (4) years of armed service credits in accordance with the provisions of § 36-9-31 .
  2. The provisions of this section only apply to those persons presently serving on city or town legislative bodies as of May 15, 1973.

History of Section. P.L. 1973, ch. 239, § 1; P.L. 1974, ch. 261, § 1.

45-21-17.2. Social security supplemental option.

  1. In lieu of the retirement on service allowance, a vested member who retires in accordance with § 45-21-16 may choose an optional form of retirement benefit known as the social security supplemental option.
  2. This option provides for the payment of a larger benefit before the attainment of age sixty-two (62) and a reduced benefit thereafter. The reduced amount is equal to the benefit before age sixty-two (62), including cost of living increases, reduced by the member’s estimated social security benefit payable at age sixty-two (62). Benefits payable under this option before and after the attainment of age sixty-two (62) are actuarially determined to be equivalent to the lifetime service retirement allowance as determined in § 45-21-17 .
  3. Election of this social security supplemental option is available only to members with ten (10) or more years of contributing service on or before June 30, 2012, who elect the service retirement allowance set forth in § 45-21-17 .

History of Section. P.L. 1987, ch. 594, § 2; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-18. Deferred allowance on service retirement before minimum age.

The right to a service retirement allowance under the provisions of this chapter is vested in a member who withdraws from service prior to the attainment of the applicable minimum age of retirement as prescribed in this section, who has not received a refund; provided, that the member has completed at least ten (10) years of total service, or for members in active service on or after July 1, 2012, at least five (5) years of total service. The member becomes entitled to a service retirement allowance upon the member’s attainment of the applicable minimum retirement age or at the member’s option at any date subsequent to attaining that age. The rate of service retirement allowance payable in the case of any member is that provided in § 45-21-17 for the period of total service earned and accrued at the date of withdrawal from service of the member.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-18 ; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-19. Retirement for ordinary disability.

  1. Any member who has had five (5) or more years of total service, may, upon the member’s own application or upon application of the employer, or some person acting in the member’s behalf, while in active service or on leave of absence for illness, apply for ordinary disability retirement; provided, that the member is not entitled to a regular service retirement allowance and; provided, that the member has at least three (3) consecutive years of service as an employee of a participating municipality within the five (5) years needed to be eligible under this section.
  2. A statement from a physician shall accompany the application stating that the member is physically or mentally incapacitated for the performance of duty and that the member ought to be retired.
  3. A medical examination of the member shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the member is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board and the retirement board may retire the member for ordinary disability.
  4. The retirement board shall establish uniform eligibility requirement standards and criteria for ordinary disability which apply to all members who make application for retirement for ordinary disability.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-19 ; P.L. 1967, ch. 201, § 1; P.L. 1968, ch. 262, § 1; P.L. 1980, ch. 29, § 1; P.L. 1981, ch. 28, § 2; P.L. 1982, ch. 192, § 3; P.L. 1992, ch. 306, art. 3, § 2.

NOTES TO DECISIONS

Amount of Compensation.

A bifurcation between the Injured on Duty statute’s salary and medical benefits pursuant to R.I. Gen. Laws § 45-19-1 and pension benefits under the Municipal Employees Retirement System (MERS), R.I. Gen. Laws § 45-21-1 et seq., with reimbursement for the difference between a full salary and the two-thirds salary provided by MERS, is not contemplated by either statute. Elliott v. Town of Warren, 818 A.2d 652, 2003 R.I. LEXIS 47 (2003).

Construction With § 45-19-1.

Where a retired and disabled municipal police officer had received benefits pursuant to a town Municipal Employees Retirement System (MERS), pursuant to R.I. Gen. Laws § 45-21-1 et seq., for a number of years, he forfeited his right to seek supplemental benefits and additional medical expense payments under the Injured on Duty statute, R.I. Gen. Laws § 45-19-1 ; failure of the town to have strictly followed the procedures set out in R.I. Gen. Laws § 45-21-4(a) for the enactment of the MERS plan did not render it procedurally defective and void where it was in place and followed for a number of years, all parties accepted the benefits of it, and the intention of the town by its actions in adopting the plan by the town council was clearly an acceptance. Elliott v. Town of Warren, 818 A.2d 652, 2003 R.I. LEXIS 47 (2003).

Retirement.

Superior court properly granted a union’s motion to compel arbitration and denied a city’s motion to reopen the record because the municipal police officer, who had been denied accidental disability retirement, had not retired and therefore the union had standing to pursue a grievance on his behalf and the dispute was arbitrable. The retirement board lacked authority to unilaterally retire the officer, and a letter from the officer to the city did not effectuate his retirement where his offer of retirement was conditional and the city rejected the condition. City of Cranston v. Int'l Bhd., Local 301, 230 A.3d 564, 2020 R.I. LEXIS 50 (2020).

45-21-20. Ordinary disability allowance.

Upon retirement for ordinary disability, a member receives a retirement allowance equal to the rate prescribed for service retirement subject to the provisions of § 45-21-31 ; provided that no member retiring with less than ten (10) years of total service receives a benefit less than the member would have received if the member had ten (10) years of total service.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-20 ; P.L. 1959, ch. 23, § 2; P.L. 1964, ch. 86, § 1; P.L. 1971, ch. 66, § 1; P.L. 1980, ch. 29, § 1; P.L. 1993, ch. 360, § 3.

Cross References.

Service retirement allowance, § 45-21-17 .

45-21-21. Retirement for accidental disability.

  1. Any member in active service, regardless of length of service, is entitled to an accidental disability retirement allowance. Application for the allowance shall be made by the member or on the member’s behalf, stating that the member is physically or mentally incapacitated for further service as the result of an injury sustained while in the performance of duty and certifying the time, place, and conditions of the duty performed by the member which resulted in the alleged disability, and that the alleged disability was not the result of the willful negligence or misconduct on the part of the member, and was not the result of age or length of service, and that the member has not attained the age of sixty-five (65). The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the member’s present disability and shall be accompanied by an accident report and a physician’s report certifying the disability. If a medical examination made by three (3) physicians engaged by the retirement board, and other investigations as the board may make, confirm the statements made by the member, the board may grant the member an accidental disability retirement allowance.
  2. The retirement board shall establish uniform eligibility requirements, standards and criteria for accidental disability which apply to all members who make application for accidental disability benefits.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-21 ; R.P.L. 1957, ch. 135, § 2; P.L. 1980, ch. 59, § 1; P.L. 1987, ch. 594, § 1; P.L. 1992, ch. 306, art. 3, § 2.

45-21-22. Accidental disability allowance.

Upon retirement for accidental disability, a member receives a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the member’s compensation at the date of the member’s retirement subject to the provisions of § 45-21-31 .

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-22 ; R.P.L. 1957, ch. 135, § 2; P.L. 1959, ch. 23, § 3; P.L. 1980, ch. 59, § 1.

45-21-23. Periodical examination of disability annuitants — Placement on employment lists.

  1. At least once each year the retirement board may, and upon application shall, require any disability annuitant under the minimum age for service retirement, whether in receipt of an ordinary disability retirement allowance or an accidental disability retirement allowance, to undergo a medical examination, the examination to be made at the place of residence of the annuitant, or other place mutually agreed upon, by a physician or physicians engaged by the retirement board.
  2. If the examination indicates that the annuitant is able to engage in a gainful occupation, the annuitant’s name shall be placed on appropriate lists of candidates that are prepared for appointment to positions in the annuitant’s department for which the annuitant is stated to be qualified, of a salary grade not less than that from which the annuitant was last retired.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-23 .

NOTES TO DECISIONS

Construction.

R.I. Gen. Laws §§ 45-21-23(a) and 45-21-24(b) , by their blunt language, apply to any disability annuitant, and R.I. Gen. Laws § 45-21.2-4 provides that the optional retirement system provided in Chapter 21.2 is to be administered in the same manner provided in Chapter 21 while leaving the term “administered” devoid of any clarifying definition; for these reasons, there is substantial ambiguity as to which sections of Chapter 21 apply to an accidental disability pension under Chapter 21.2. Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

Based on the purpose of the statute, to provide a pension to a police officer or firefighter who is disabled and cannot work, the most plausible interpretation of this ambiguous statutory scheme is that the General Assembly intended for an accidental disability pension under R.I. Gen. Laws § 45-21.2-10 to be subject to the independent medical examination and income-reporting requirements of R.I. Gen. Laws §§ 45-21-23 and 45-21-24 . Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

Compliance Required.

Superior court erred in determining that a police officer did not need to comply with R.I. Gen. Laws §§ 45-21-23 and 45-21-24 in order to continue receiving his accidental disability pension because he was subject to §§ 45-21-23 and 45-21-24 ; the officer could be required to undergo an independent medical examination from time to time at the direction of the Retirement Board and to submit such financial information as could be requested in accordance with § 45-21-24. Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

45-21-24. Adjustment of disability allowances on return to work — Discontinuance for refusal to submit to examination.

  1. Should the beneficiary be engaged in a gainful occupation or should the beneficiary be offered service as a result of the placing of his or her name on a list of candidates, the retirement board shall adjust, and from time to time readjust, the amount of his or her disability allowance to an amount which, when added to the amount of compensation then earnable by the beneficiary, shall not exceed the rate of earnable compensation currently in force for the classification that the disability annuitant held prior to retirement.
  2. Should any disability annuitant under the minimum age of retirement refuse to submit to a medical examination in any year by a physician or physicians designated by the retirement board, the annuitant’s retirement allowance may be discontinued until the annuitant’s withdrawal of the refusal, and should the annuitant’s refusal continue for one year after a request has been made, all the annuitant’s rights in and to the retirement allowance may be revoked by the retirement board. A disability annuitant, reinstated to active service, shall be reinstated as a member and participate in the benefits of the retirement system to the same extent as any other member.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-24 ; P.L. 1989, ch. 403, § 1.

NOTES TO DECISIONS

Construction.

R.I. Gen. Laws §§ 45-21-23(a) and 45-21-24(b) , by their blunt language, apply to any disability annuitant, and R.I. Gen. Laws § 45-21.2-4 provides that the optional retirement system provided in Chapter 21.2 is to be administered in the same manner provided in Chapter 21 while leaving the term “administered” devoid of any clarifying definition; for these reasons, there is substantial ambiguity as to which sections of Chapter 21 apply to an accidental disability pension under Chapter 21.2. Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

Based on the purpose of the statute, to provide a pension to a police officer or firefighter who is disabled and cannot work, the most plausible interpretation of this ambiguous statutory scheme is that the General Assembly intended for an accidental disability pension under R.I. Gen. Laws § 45-21.2-10 to be subject to the independent medical examination and income-reporting requirements of R.I. Gen. Laws §§ 45-21-23 and 45-21-24 . Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

Compliance Required.

Superior court erred in determining that a police officer did not need to comply with R.I. Gen. Laws §§ 45-21-23 and 45-21-24 in order to continue receiving his accidental disability pension because he was subject to §§ 45-21-23 and 45-21-24 ; the officer could be required to undergo an independent medical examination from time to time at the direction of the Retirement Board and to submit such financial information as could be requested in accordance with § 45-21-24. Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

45-21-25. Accidental death benefits.

Upon the accidental death of a member before retirement; provided, that evidence is submitted to the retirement board proving that the death of the member was the natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on the member’s part, the member’s accumulated contributions shall be paid to the member’s estate, or to the person having an insurable interest in the member’s life that the member has nominated by written designation, duly executed and filed with the retirement board, and, upon application by or on behalf of the dependents of the deceased member, the retirement board shall grant a benefit equal to one-half (1/2) the rate of compensation of the member in effect at the date of death:

  1. To his or her widow or widower or domestic partner, to continue for life unless he or she remarries or enters into a domestic partnership; or
  2. If there is no widow or widower or domestic partner, or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of eighteen (18) years, then to his or her child or children under that age, divided in any manner that the retirement board in its discretion determines, to continue as a joint and survivor annuity of one-half (1/2) of that compensation until every child dies or attains that age; or
  3. If there is no widow, widower, or domestic partner or child under the age of eighteen (18) years surviving the deceased member, then to his or her dependent father or mother, as the deceased member has nominated by written designation, duly acknowledged and filed with the retirement board; or if there is no nomination, then to his or her dependent father or to his or her dependent mother, as the retirement board in its discretion directs, to continue for life.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-25 ; R.P.L. 1957, ch. 135, § 2; P.L. 1959, ch. 23, § 4; P.L. 1984, ch. 42, § 1; P.L. 2007, ch. 510, § 16.

45-21-26. Ordinary death benefits.

Upon the death of a member while in service, prior to retirement, from any cause other than accidental death arising directly out of and in the course of employment, a payment is made of the contributions of the member without interest. In addition, if the death of the member occurred while in an employee status, or while on an official leave of absence for illness from his or her position, which was not extended at the date of death for a continuous period in excess of one year, a death benefit is paid which equals eight hundred dollars ($800) for each completed year of total service, subject to a minimum payment of four thousand dollars ($4,000) and a maximum payment of sixteen thousand dollars ($16,000). The payment of the accumulated contributions of the member and the death benefit shall be made to the person that the member has nominated by written designation duly executed and filed with the retirement board or, if the member has filed no nomination, or if the person so nominated has died, then to the estate of the deceased member.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-26 ; R.P.L. 1957, ch. 135, § 2; P.L. 1963, ch. 212, § 2; P.L. 1969, ch. 186, § 2; P.L. 1971, ch. 125, § 1; P.L. 1987, ch. 594, § 1; P.L. 1989, ch. 475, § 1.

45-21-27. Benefit on death of retired employee.

  1. Upon the death of a member after retirement, unless the member has selected any of the options provided in § 45-21-30 , a benefit is payable consisting of the excess, if any, of the total contributions of the member at the date of retirement, without interest, over the aggregate amount of all retirement allowance payments received by the member prior to the member’s death.
  2. In addition, a benefit is payable upon the death of any retired member, regardless of the date of retirement, consisting of the continuation of the ordinary death benefit provisions of the retirement act into retirement in the full amount, accrued at the date of retirement, for the first year subsequent to the date of retirement; provided, that in each succeeding year, this amount is reduced on each retirement anniversary date by twenty-five percent (25%) until twenty-five percent (25%) of the total amount accumulated as of the date of retirement has been reached; provided, that the amount is not reduced to less than four thousand dollars ($4,000). This sum shall be continued thereafter as the sum payable on death after retirement.

History of Section. P.L. 1972, ch. 109, § 4; P.L. 1982, ch. 193, § 2; P.L. 1987, ch. 594, § 1.

45-21-28. Refund of contributions on cessation of membership.

Any member who withdraws from service or who ceases to be a member for any reason other than death or retirement, shall be paid on demand the contributions which were standing to the member’s credit in the member’s individual account in the members’ contribution reserve, without interest. Any member who is not eligible for the receipt of a service retirement allowance or any other benefit is entitled to a refund. The acceptance of a refund by a member effects a forfeiture by the member of all rights in the system and all accrued service credits. No member shall be deemed to have forfeited any of the member’s accrued service credits or other rights in the system because of a change in employment from one participating municipality to another unless the member accepts a refund of the member’s contributions.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-28 ; R.P.L. 1957, ch. 135, § 2; P.L. 1959, ch. 23, § 5; P.L. 1966, ch. 101, § 1.

45-21-29. Repayment of refunded contributions — Reinstatement of service credit.

  1. Any member who has received a refund upon withdrawal from service has the privilege of making a repayment to the system of the amount that the member received as a refund, including regular interest from the date of receipt of the refund to the date of repayment of the refund to the system.
  2. The privilege of repayment of any refund under the provisions of this section is not operative until a member has rendered at least one year of service following the member’s latest reentry into the service of the municipality occurring subsequent to the date of the receipt of the refund.
  3. Upon the restoration of the refund, the service credits previously forfeited by the receipt of the refund are reinstated to the account of the member.
  4. The privilege of repayment extends and applies to all refunds received by a member prior to the filing of an application under the provisions of this section and not to any individual amount, and all refunds are repayable at the same time and in a single sum.

History of Section. P.L. 1951, ch. 2784, § 8; G.L. 1956, § 45-21-29 ; R.P.L. 1957, ch. 135, § 2; P.L. 1981, ch. 192, § 1.

45-21-30. Optional benefits on service retirement.

  1. A beneficiary, or, if the beneficiary is an incompetent, then his or her spouse or domestic partner, or if he or she has no spouse or domestic partner, a guardian of the beneficiary’s estate, may elect to receive a benefit in a retirement allowance, payable throughout life, or the beneficiary may then elect to receive the actuarial equivalent, at that time, of the beneficiary’s retirement allowance in a lesser retirement allowance as determined by actuarial calculation, which shall be payable throughout life with the provision that:
    1. Option 1.  A reduced retirement allowance payable during the beneficiary’s life, with the provisions that after the beneficiary’s death, it shall continue during the life of and be paid to the person that the beneficiary has nominated by written designation duly acknowledged and filed with the retirement board at the time of retirement; or
    2. Option 2.  A reduced retirement allowance payable during the beneficiary’s life, with the provision that after the beneficiary’s death an allowance equal to one-half (1/2) of the beneficiary’s reduced allowance shall continue during the life of and be paid to the person that the beneficiary has nominated by written designation duly acknowledged and filed with the board at the time of retirement.
  2. This section does not apply to any person who elects the social security supplemental option related in § 45-21-17.2 .
  3. This section is exempt from the provisions of §§ 45-13-6 45-13-10 .
  4. If prior to July 1, 2012, a member elected an optional form of benefit other than a life annuity in accordance with paragraph (a)(1) or (2) above, the member may elect to change his or her form of benefit to a life annuity by filing an election with the retirement board on or before June 30, 2013, provided that the member’s beneficiary is still alive at the time the election is filed.

History of Section. P.L. 1951, ch. 2784, § 9; G.L. 1956, § 45-21-30 ; P.L. 1980, ch. 55, §§ 1, 2; P.L. 1987, ch. 594, § 1; P.L. 2007, ch. 510, § 16; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-31. Offset of workers’ compensation or personal injury recovery.

Any amounts paid or payable under the provisions of any workers’ compensation law, exclusive of Medicare set aside allocation, specific compensation benefits or any benefits due pursuant to the terms of a collective bargaining agreement or as the result of any action for damages for personal injuries against the municipality by which the member was employed, on account of death or disability of a member occurring while in the performance of duty, are offset against and payable in lieu of any benefits payable out of funds provided by the municipality under the provisions of this chapter on account of the death or disability of the member. If the value of the total commuted benefits under any workers’ compensation law or action is less than the actuarial reserve on the benefits otherwise payable from funds provided by the municipality under this chapter, the value of the commuted payments is deducted from the actuarial reserve, and the benefits that may be provided by the actuarial reserve so reduced are payable under the provisions of this chapter.

History of Section. P.L. 1951, ch. 2784, § 10; G.L. 1956, § 45-21-31 ; P.L. 2010, ch. 95, § 6; P.L. 2010, ch. 121, § 6.

Compiler’s Notes.

P.L. 2010, ch. 95, § 6, and P.L. 2010, ch. 121, § 6, enacted identical amendments to this section.

45-21-32. Retirement system established as corporation — Management.

A retirement system is hereby established and placed under the management of the retirement board created by chapter 8 of title 36, for the purpose of providing retirement allowances for employees of participating municipalities of the state of Rhode Island under the provisions of this chapter and benefits to the survivors of those employees. It has the powers and privileges of a corporation, and is known as the “municipal employees’ retirement system of the state of Rhode Island,” and by that name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held. The administration of the retirement system established by this chapter is entrusted to the retirement board, which has power to make reasonable rules and regulations for carrying out the provisions of this chapter including the time at, and manner in which, the participating municipalities make the several payments required by this chapter.

History of Section. P.L. 1951, ch. 2784, § 11; G.L. 1956, § 45-21-32 ; P.L. 1959, ch. 23, § 6; P.L. 1981, ch. 11, § 1.

45-21-33. Information furnished by municipalities.

It is the duty of each participating municipality to furnish at the times and in the manner that the retirement board may direct, information concerning the names, ages, length of service, and pay of members employed by a municipality and any other data which the retirement board finds necessary for the proper execution of this chapter, and to give prompt notice of all appointments, removals, deaths, resignations, leaves of absence, and changes in pay of members.

History of Section. P.L. 1951, ch. 2784, § 11; G.L. 1956, § 45-21-33 .

45-21-34. Annual report and statement.

The retirement board shall submit to the governor for transmittal to the general assembly, on or before the first day of December in each year, an annual report showing the financial transactions of the system for the fiscal year next preceding that date. The report shall contain among other things, a financial balance sheet as of the end of that year, a statement of income and expenditures, a valuation balance sheet as prepared by the actuary, a detailed statement of investments acquired and disposed of during the year, and any other statistical data that are deemed necessary for a proper interpretation of the condition of the system and the results of its operations. The report shall also embody any other data that may be of use in the advancement of knowledge concerning employee pensions of the participating municipalities, and any recommendations of the board for changes in the laws pertaining to the system.

History of Section. P.L. 1951, ch. 2784, § 11; G.L. 1956, § 45-21-34 ; R.P.L. 1957, ch. 135, § 3.

45-21-35. Legal adviser — General treasurer — Executive director — Assistant director.

There shall be a legal counsel to the board appointed by the general treasurer. The general treasurer is the ex-officio chairperson of the retirement board and the treasurer of the retirement board and he or she shall be responsible for appointing the custodian. There shall be an executive director appointed by the retirement board in charge of the administration of the retirement system and who shall serve as secretary to the retirement board. In addition, the retirement board shall appoint an assistant director to serve as director and/or secretary in the absence of the director.

History of Section. P.L. 1951, ch. 2784, § 11; G.L. 1956, § 45-21-35 ; P.L. 1981, ch. 11, § 1; P.L. 1991, ch. 354, § 7; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-36. Clerical and professional assistance — Appropriations and disbursements.

  1. The general treasurer, under the direction and supervision of the retirement board, is charged with the establishment and maintenance of any accounts and statistical records that the retirement board may require, and he or she shall employ any clerical assistance necessary to carry out properly the provisions of chapters 21 and 21.2 of this title. The retirement board shall secure the services of an actuary to be the actuarial advisor of the board and who shall make the actuarial computations and valuations required by chapters 21 and 21.2 of this title. The retirement board shall secure the services of any physicians that are necessary to make the medical examinations required by chapters 21 and 21.2 of this title. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of a sum or sums that may from time to time be necessary, upon receipt by him or her of vouchers prepared and duly authenticated by the chief of the retirement system.
  2. Any negotiated agreement entered into after June 1, 1992 between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules and regulations and policies as adopted and promulgated by the retirement board, are null and void unless and until approved by formal action of the retirement board, for good cause shown.

History of Section. P.L. 1951, ch. 2784, § 11; G.L. 1956, § 45-21-36 ; P.L. 1981, ch. 11, § 1; P.L. 1991, ch. 354, § 7; P.L. 1992, ch. 306, art. 3, § 2.

45-21-37. Vouchers for payment of benefits.

All benefits, allowances and other payments authorized by this chapter shall be made upon vouchers duly approved by the chairperson of the retirement board and countersigned by the chief of the retirement system.

History of Section. P.L. 1951, ch. 2784, § 11; G.L. 1956, § 45-21-37 .

45-21-38. Receipt of contributions — Investment of funds.

All contributions received by the retirement system from members and participating municipalities shall be paid periodically to the general treasurer and shall be deposited by the treasurer to the credit of the retirement system. All moneys not immediately required for the payment of retirement allowances or other benefits under the provisions of this chapter may be invested by the state investment commission under the provisions of chapter 10 of title 35. The retirement board has full power with respect to the disposition of the proceeds of the investments and of any moneys belonging to the retirement system.

History of Section. P.L. 1951, ch. 2784, § 12; G.L. 1956, § 45-21-38 .

Cross References.

Investment of sinking funds, § 35-8-6 .

45-21-39. Credit of interest.

The retirement board shall annually allow regular interest, as may be prescribed by the retirement board, on the various reserves of the retirement system from the interest and dividends earned from investments.

History of Section. P.L. 1951, ch. 2784, § 12; G.L. 1956, § 45-21-39 ; P.L. 1966, ch. 81, § 1.

45-21-40. Improper interest in investments of board.

Except as provided in this section, no member of the board and no employee of the board shall have any interest, direct or indirect, in the gains or profits of any investment made by the retirement board, nor, as a member or employee of the board, directly or indirectly receive any pay or emolument for his or her services. No member of the board or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the investment gains or profits, except to make current and necessary payments that are authorized by the retirement board. No member or employee of the board may become an endorser or surety or become in any manner an obligor for moneys loaned or borrowed from the retirement board.

History of Section. P.L. 1951, ch. 2784, § 12; G.L. 1956, § 45-21-40 ; P.L. 1981, ch. 11, § 1; P.L. 1991, ch. 354, § 7.

45-21-41. Members’ contributions — Payroll deductions — Certification to board.

  1. Prior to July 1, 2012, each member shall contribute an amount equal to six percent (6%) of salary or compensation earned and accruing to the member; provided, that contributions by any member cease when the member has completed the maximum amount of service credit attainable. Special compensation for additional fees shall not be considered as compensation for contribution purposes. Effective July 1, 2012, each member shall contribute an amount equal to one percent (1%) of his or her compensation as his or her share of the cost. Effective July 1, 2015, each member with twenty (20) or more years of total service as of June 30, 2012, shall contribute an amount equal to eight and one-quarter percent (8.25%) of compensation.
  2. Each municipality shall deduct the previously stated rate from the compensation of each member on each and every payroll of the municipality, and the deduction made during the entire time a member is in service subject to termination as stated in the foregoing paragraph.
  3. The deductions provided for in this section shall be made notwithstanding that the minimum compensation provided for by law for any member is reduced by the compensation. Every member is deemed to consent and agree to the deductions made and provided for in this section, and shall receipt for his or her full salary or compensation; and payment of salary or compensation less those deductions are a full and complete discharge and acquittance of all claims and demands for the services rendered by the person during the period covered by the payment except as to the benefits provided under this chapter. Each participating municipality shall certify to the retirement board the amounts deducted from the compensation of members. Each of the amounts, when deducted, shall be credited to an individual account of the member from whose compensation the deduction was made.

History of Section. P.L. 1951, ch. 2784, § 13; G.L. 1956, § 45-21-41 ; R.P.L. 1957, ch. 135, § 4; P.L. 1959, ch. 23, § 7; P.L. 1963, ch. 212, § 3; P.L. 1965, ch. 230, § 1; P.L. 1971, ch. 244, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11; P.L. 2015, ch. 141, art. 21, § 18.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-41.1. Municipality payment of member contributions.

  1. Each municipality, pursuant to the provisions of 26 U.S.C. § 414(h)(2) of the United States Internal Revenue Code, may, pursuant to appropriate legal action by the municipality, pick up and pay the contributions which would be payable by the employees as members under § 45-21-41 . The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code; however, each municipality shall continue to withhold federal and state income taxes based upon these contributions until the Internal Revenue Service rules that pursuant to 26 U.S.C. § 414(h)(2) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until the time they are distributed. Employee contributions which are picked up pursuant to this section shall be treated and identified as member contributions for all purposes of the retirement system except as specifically provided to the contrary in this section.
  2. Member contributions picked up by a municipality shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from a member’s compensation equal to the amount of the employee’s contributions picked up by the employee’s municipal employer. This deduction, however, shall not reduce the employee’s compensation for purposes of computing benefits under the retirement system pursuant to this chapter. Picked up contributions shall be submitted to the retirement system in accordance with the provisions of § 45-21-41 on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
  3. Every employer is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
  4. The liability of an employer who fails to segregate the trust funds, or refuses to deduct and withhold member contributions from its employees, is enforceable by the retirement board through an appropriate action in the superior court. The general treasurer is also authorized to deduct the amount due from any money due the employer from the state.

History of Section. P.L. 1983, ch. 137, § 4; P.L. 2019, ch. 205, § 9; P.L. 2019, ch. 271, § 9.

Compiler’s Notes.

P.L. 2019, ch. 205, § 9, and P.L. 2019, ch. 271, § 9 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

45-21-42. Contributions by municipalities.

  1. Each municipality shall make contributions to the system to provide for the remainder of the obligation for retirement allowances, annuities, and other benefits provided in this chapter, after applying the accumulated contributions of the members, interest income on investments of the system, and other income accruing to the system. These contributions shall, in any event, be sufficient to establish and maintain a reserve equal to the sum of:
    1. The full credits for accumulated contributions in the “members’ contribution reserve” described in § 45-21-43 ;
    2. The present value, determined in accordance with the actuarial tables in use by the system, of the retirement allowances, disability allowances, accidental death benefits, and other benefits in force, chargeable to the “retirement reserve” described in § 45-21-43 ; and
    3. The present value of deferred annuities to members who have acquired a vested right under the provisions of § 45-21-18 .
  2. The rate of contribution on the part of each municipality, to meet its obligations under this chapter, is the rate certified by the retirement board at the date of participation of the municipality. The rate is redetermined at least once every five (5) years and certified by the retirement board, upon recommendation of the actuary, following an evaluation and analysis of the operating experience of the system and of the assets, liabilities, and reserves of the system. Nothing contained in this chapter is deemed to impose any obligation upon any municipality for service which may have been rendered by an employee of one municipality in behalf of another municipality.
  3. In case of failure of any city or town to pay to the state the amounts due from it under this title within the time prescribed, the general treasurer is hereby authorized to deduct that amount from any moneys due the city or town from the state for any purpose other than for education.
  4. Notwithstanding any other provisions of the general laws, the payment of the contributions for the employers’ share shall be remitted to the retirement board on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
  5. This section is not subject to §§ 45-13-7 45-13-10 , as amended.

History of Section. P.L. 1951, ch. 2784, § 13; G.L. 1956, § 45-21-42 ; R.P.L. 1957, ch. 135, § 4; P.L. 1959, ch. 23, § 7; P.L. 1965, ch. 236, § 1; P.L. 1981, ch. 337, § 1; P.L. 1988, ch. 509, § 3; P.L. 2019, ch. 205, § 9; P.L. 2019, ch. 271, § 9.

Compiler’s Notes.

P.L. 2019, ch. 205, § 9, and P.L. 2019, ch. 271, § 9 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

45-21-42.1. Payment of administrative expenses of the retirement board and maintaining the retirement system — Restricted receipt account.

There is transferred to the restricted receipt account established in § 36-8-10.1 up to a maximum of seventeen and one-half (17.5) basis points (0.175%), where one hundred (100.0) basis points equals one percent (1.0%), of the average total investments before lending activities of the municipal employees’ retirement system of the state of Rhode Island as reported in the annual report of the auditor general for the next preceding five fiscal years.

History of Section. P.L. 1985, ch. 181, art. 7, § 2; P.L. 1986, ch. 287, art. 10, § 2; P.L. 2003, ch. 376, art. 25, § 2.

45-21-42.2. Fiscal impact of proposed legislation impacting the retirement system.

Proposed legislation which directly impacts the retirement system can potentially affect the benefits of all plan participants and beneficiaries. Since it is in the best interests of plan participants and beneficiaries to determine the financial consequences of any proposed legislation which would directly impact the liability to the retirement system of participating municipalities, such legislation shall not be approved by the general assembly unless an explanatory statement or note, prepared and paid for by the retirement system, is appended to the proposed legislation which actuarially calculates, based upon approved retirement board assumptions, the projected twenty (20) year cost of the proposed legislation. These statements or notes shall be known as “pension impact notes,” and they shall accompany each such bill or resolution prior to consideration by the chamber in which the bill or resolution originated. The reasonable cost of preparing pension impact notes shall be charged as an administrative expense and paid from the retirement system’s restricted receipts account established pursuant to § 36-8-10.1 . Only the chair of the senate committee on finance with the approval of the president of the senate can request a pension impact note on proposed legislation that originates in the senate. Only the chair of the house committee on finance with the approval of the speaker of the house can request a pension impact note on proposed legislation that originates in the house. The governor can request a pension impact note on proposed legislation recommended in the appropriation acts required by §§ 35-3-7 or 35-3-8 . This section shall be in addition to the requirements of chapter 12 of title 22. If one or more participating municipalities requests an actuarial study or other study that impacts only the liability of the participating municipality making the request, the participating municipality making the request shall pay any and all costs associated with the preparation of the study or report.

History of Section. P.L. 2008, ch. 100, art. 23, § 3.

45-21-43. Accounts and records — Reserve accounts.

  1. An adequate system of accounts and records is established and maintained for the system that fully reflects the requirements of this chapter. All assets of the system are credited according to the purposes for which they are held in the following designated reserve accounts:
    1. Members’ contribution reserve.
      1. The amounts contributed by the members are credited to this reserve. An individual account is maintained for each member. Member contributions made pursuant to § 45-21-41.1 are credited to a separate fund within a member’s individual account so that the amounts contributed prior to the effective date for the pickup of member contributions may be distinguished from the amount contributed on or after the date on which the municipality begins to pick up member contributions.
      2. Upon the granting of a retirement allowance, the total accumulated contributions of the member concerned are transferred from this reserve to the retirement reserve. Refunds and death benefit payments representing members’ contributions are charged to this reserve.
    2. Employer’s accumulation reserve.
      1. The amounts contributed by the municipalities for the various purposes of this section are credited to this reserve. Upon the granting of a retirement allowance, annuity, or benefit, an amount representing the excess of the actuarial value over the total contributions of the member is transferred from this reserve to the retirement reserve. That portion of the death benefit provided from municipality contributions is charged to this reserve.
      2. Upon request by a municipality, to transfer monies from this reserve to any one or more of the municipality’s other retirement units within the municipal employee retirement system which has unfunded liability, the retirement board shall request a private letter ruling from the Internal Revenue Service and upon receipt of a favorable ruling, shall transfer the funds consistent with the private letter ruling.
    3. Retirement reserve.  Upon the granting of a retirement allowance, the accumulated contributions of the member and an amount representing the excess of the actuarial value of the allowance over the accumulated contributions, are transferred to this reserve from the members’ contribution reserve and the employer’s accumulation reserve, respectively.
  2. All payments on account of any retirement allowance or any benefit to a beneficiary of a member are charged to this reserve.
  3. Any excess amount in this reserve, over the actuarial liabilities of the reserve, as determined by actuarial valuation, is transferred at the close of each year to the employer’s accumulation reserve to be used to reduce the municipality’s contribution upon a rate redetermination as established by the periodic actuarial valuation provided in this section. Any deficiency in this reserve is removed by a transfer from the employer’s accumulation reserve.
  4. All income from investments, including gains from investment transactions, is credited to this reserve. All losses on investments are charged to this reserve.

History of Section. P.L. 1951, ch. 2784, § 14; G.L. 1956, § 45-21-43 ; R.P.L. 1957, ch. 135, § 5; P.L. 1959, ch. 23, § 7; P.L. 1983, ch. 137, § 5; P.L. 2000, ch. 454, § 1.

45-21-43.1. Actuarial cost method.

  1. To determine the employer contribution rate for any participating municipality, the actuary shall compute the costs under chapters 21 and 21.2 of title 45 using the entry age normal cost method.
  2. The determination of the employer contribution rate for fiscal year 2013 shall include a re-amortization of the unfunded actuarial accrued liability (UAAL) over a closed twenty-five (25) year period. After an initial period of five (5) years, future actuarial gains and losses occurring within a plan year will be amortized over individual new twenty (20) year closed periods.
  3. The determination of the employer contribution rate commencing with fiscal year 2017 shall include a re-amortization of the current unfunded actuarial accrued liability as of June 30, 2014, over a closed twenty-five (25) year period. Future actuarial gains and losses occurring within a plan year will be amortized over individual new twenty (20) year closed periods. Employers shall have the one-time option before August 1, 2015, to remain under the amortization schedule set forth in subsection (b) above.

History of Section. P.L. 2015, ch. 141, art. 21, § 20.

45-21-44. Guaranties by municipalities — Adjustment of contribution rates.

Regular interest requirements, and the maintenance of reserves in accordance with the provisions of this chapter, are guaranteed by the respective participating municipalities, which guaranty extends only to their proportionate interests in the retirement system as determined upon the basis of the liabilities for the several benefits on account of the participating members from each municipality. Adjustment shall be made at least once every five (5) years, as provided in this chapter, in the applicable contribution rates for the municipalities for any regular interest or reserve requirements, or for any amounts above statutory requirements, as determined by actuarial valuation, in accordance with the provisions of this chapter.

History of Section. P.L. 1951, ch. 2784, § 15; G.L. 1956, § 45-21-44 .

45-21-45. Tax exemption.

The right of a member or beneficiary to a pension, an annuity, a retirement allowance, to the return of contributions, any benefit or right accrued or accruing to any person under the provisions of this chapter, and the moneys of the retirement system created under this chapter, are exempt from any municipal tax or state tax except for the personal income tax imposed under the provisions of chapter 30 of title 44.

History of Section. P.L. 1951, ch. 2784, § 16; G.L. 1956, § 45-21-45 ; P.L. 1985, ch. 496, art. 4, § 1.

NOTES TO DECISIONS

Effect of State Income Tax.

Section 44-30-12 specifically repeals the inconsistent portions of all preceding statutory enactments, including §§ 36-10-32 and 45-21-45 , insofar as such statutes would otherwise purport to exempt retirement benefits from the state income tax. Linnane v. Clark, 557 A.2d 477, 1989 R.I. LEXIS 65 (1989).

45-21-46. Forfeiture for fraudulent claims.

Every person who knowingly or willfully makes or presents or in any way procures the making or presentation of any false or fraudulent affidavit or affirmation concerning any claim for retirement allowance or payment of retirement allowance, shall, in every case, forfeit a sum not exceeding ten thousand dollars ($10,000), to be sued and recovered by and in the name of the retirement board, and when recovered paid over to and become a part of the funds of the retirement system.

History of Section. P.L. 1951, ch. 2784, § 17; G.L. 1956, § 45-21-46 ; P.L. 1989, ch. 474, § 2; P.L. 2009, ch. 310, § 49; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-47. Reserved power to amend or repeal — Vested rights.

The right to amend, alter, or repeal this chapter at any time or from time to time is expressly reserved, and in that event the liability of the municipal employees’ retirement system is limited in the case of a member or a person claiming through the member to the contributions made by the member, without interest, and in the case of a municipality, to contributions made by the municipality without interest, subject to deductions prescribed in the case of withdrawal by a municipality as provided in § 45-21-6 . All retirement allowances or other benefits granted by the retirement of members, and in force prior to a repeal or amendment, are vested in the beneficiaries of the retirement allowances and shall be paid in full in accordance with the terms of this chapter, and the rights of the retirement board to compel the payment by any municipality of the sum or sums necessary to provide the retirement allowances granted to members formerly employed by the municipality shall not be affected by the repeal or amendment.

History of Section. P.L. 1951, ch. 2784, § 18; G.L. 1956, § 45-21-47 .

NOTES TO DECISIONS

Constitutionality.

The Municipal Employee’s Retirement Plan at most extends an offer of a unilateral contract to employees of participating municipalities, and a member’s rights to a retirement annuity are not secure until the member meets the age and service vesting requirements; until such time, this section permits the state to make modifications to, or even terminate, the member’s rights under the plan without offending the Contract Clause. McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

45-21-48 — 45-21-50. Repealed.

Repealed Sections.

Former §§ 45-21-48 — 45-21-50 (G.L. 1956, §§ 45-21-48 — 45-21-50; P.L. 1963, ch. 212, § 4; P.L. 1965, ch. 230, § 2; P.L. 1967, ch. 114, § 1; P.L. 1971, ch. 125, § 1), concerning nonacceptance of certain provisions of this chapter and continuance of insurance upon retirement, were repealed by P.L. 1972, ch. 109, § 3 and P.L. 1982, ch. 100, § 1.

45-21-51. Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.

  1. The optional provisions of § 45-21-30 are applicable only to a member applying for a service retirement allowance and an accidental disability retirement allowance and an ordinary disability retirement allowance or any inactive member applying for retirement under vested rights. The election under option 1 or 2 is made at the time of retirement of the member as part of his or her application for a retirement allowance. The election is based upon the amount of retirement allowances that may accrue at the date of death of the member, and may be revoked or modified by the member at any time after retirement on a form prescribed by the retirement board, provided that during this time, the named beneficiary has not been divorced from the member or entered into a domestic partnership. The option in the case of death of a retired member becomes effective on the next day following the death of the member and payment of benefits made in accordance with the provisions of this section, subject to the limitations prescribed in § 45-21-30 ; provided, further, that this section does not apply to anyone who elects the social security supplemental option as provided by § 45-21-17.2 .
  2. This section is exempt from the provisions of §§ 45-13-6 45-13-10 .

History of Section. G.L. 1956, § 45-21-51 ; P.L. 1967, ch. 204, § 1; P.L. 1980, ch. 55, §§ 1, 2; P.L. 1982, ch. 98, § 1; P.L. 1986, ch. 495, § 1; P.L. 1987, ch. 597, § 1; P.L. 1988, ch. 511, § 3; P.L. 1996, ch. 233, § 2; P.L. 2007, ch. 510, § 16.

45-21-51.1. Optional annuity protection — Election of option by member.

  1. Upon death of a member having (1) at least ten (10) years of membership service on or before June 30, 2012, or (2) for active contributing members on or after July 1, 2012, at least five (5) years of membership service, the spouse or domestic partner of the member has the option to elect to receive option one as provided in § 45-21-30 in lieu of a return of contributions, provided the spouse or domestic partner is the designated beneficiary of the member’s retirement account. The election is based upon the amount of retirement allowance or actuarial equivalent that may accrue at the date of death of the member.
  2. The election under option one for a person other than the spouse or domestic partner of the member may be made by the member, while in service; provided, that the member has (i) at least ten (10) years of membership service on or before June 30, 2012, and before retirement or (ii) for active contributing members on or after July 1, 2012, at least five (5) years of membership service and before retirement, on a form prescribed by the retirement board. The election is based upon the amount of retirement allowances or actuarial equivalents that may accrue at the date of death of the member; provided, that the election form is executed and filed with the retirement board prior to the date of death. The election may be revoked or modified by the member at any time prior to the date of retirement, on a form prescribed by the retirement board.
  3. Upon the death of a member, the option becomes effective thirty (30) days after the first day of the next calendar month following the date of death of the member if death occurs while in an employee status. Should death occur while in an inactive member status, the option under this section becomes payable on the first day of the next succeeding month that in which the designated beneficiary attains the age of sixty (60) years.

History of Section. P.L. 1988, ch. 511, § 4; P.L. 1989, ch. 547, § 2; P.L. 2007, ch. 510, § 16; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-52. Automatic increase in service retirement allowance.

  1. The local legislative bodies of the cities and towns may extend to their respective employees automatic adjustment increases in their service retirement allowances, by a resolution accepting any of the plans described in this section:
    1. Plan A.  All employees and beneficiaries of those employees receiving a service retirement or disability retirement allowance under the provisions of this chapter on December 31 of the year their city or town accepts this section, receive a cost of living adjustment equal to one and one-half percent (11/2%) per year of the original retirement allowance, not compounded, for each calendar year the retirement allowance has been in effect. This cost of living adjustment is added to the amount of the retirement allowance as of January 1 following acceptance of this provision, and an additional one and one-half percent (11/2%) is added to the original retirement allowance in each succeeding year during the month of January, and provided, further, that this additional cost of living increase is three percent (3%) for the year beginning January 1 of the year the plan is accepted and each succeeding year.
    2. Plan B.  All employees and beneficiaries of those employees receiving a retirement allowance under the provisions of this chapter on December 31 of the year their municipality accepts this section, receive a cost of living adjustment equal to three percent (3%) of their original retirement allowance. This adjustment is added to the amount of the retirement allowance as of January 1 following acceptance of this provision, and an additional three percent (3%) of the original retirement allowance, not compounded, is payable in each succeeding year in the month of January.
    3. Plan C.  All employees and beneficiaries of those employees who retire on or after January 1 of the year following acceptance of this section, on the first day of January next following the date of the retirement, receive a cost of living adjustment in an amount equal to three percent (3%) of the original retirement allowance.
  2. In each succeeding year in the month of January, the retirement allowance is increased an additional three percent (3%) of the original retirement allowance, not compounded.
  3. This subsection (c) shall be effective for the period July 1, 2012, through June 30, 2015.
    1. Notwithstanding any other paragraphs of this section, and subject to paragraph (c)(2) below, for all present and former employees, active and retired members, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind by reason of adoption of this section by their employer, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (c)(1)(A) above. The “Five-Year Average Investment Return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. Subject to paragraph (c)(2) below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later; or for municipal police and fire retiring under the provisions of chapter 45-21.2, the benefit adjustment provided by this paragraph shall commence on the later of the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches age fifty-five (55). In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
    2. Except as provided in paragraph (c)(3) the benefit adjustments provided under this section for any plan year shall be suspended in their entirety for each municipal plan within the municipal employees retirement system unless the municipal plan is determined to be funded at a Funded Ratio equal to or greater than eighty percent (80%) as of the end of the immediately preceding plan year in accordance with the retirement system’s actuarial valuation report as prepared by the system’s actuary, in which event the benefit adjustment will be reinstated for all members for such plan year.

      In determining whether a funding level under this paragraph (c)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

    3. Notwithstanding paragraph (c)(2), for each municipal plan that has a Funded Ratio of less than eighty percent (80%) as of June 30, 2012, in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (c)(1) above until the municipal plan’s Funded Ratio exceeds eighty percent (80%).
  4. This subsection (d) shall become effective July 1, 2015.
      1. As soon as administratively reasonable following the enactment into law of this subsection (d), a one-time benefit adjustment shall be provided to members and/or beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the employee’s retirement allowance or the first twenty-five thousand dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be provided without regard to the retiree’s age or number of years since retirement.
      2. Notwithstanding the prior subsections of this section, for all present and former employees, active and retired employees, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind by reason of adoption of this section by their employer, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to paragraph (d)(2) below, shall be equal to (I) multiplied by (II):
        1. Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
          1. Is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The “five-year average investment return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
          2. Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year.

            In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

        2. Is equal to the lesser of either the member’s retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (d)(1)(B)(I) above.

          The benefit adjustments provided by this subsection (d)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later; or for municipal police and fire retiring under the provisions of § 45-21.2-5(b)(1)(A), the benefit adjustment provided by this paragraph shall commence on the later of the third anniversary of the date of retirement or the date on which the retiree reaches age fifty-five (55); or for municipal police and fire retiring under the provisions of § 45-21.2-5(b)(1)(B), the benefit adjustment provided by this paragraph shall commence on the later of the third anniversary of the date of retirement or the date on which the retiree reaches age fifty (50).

    1. Except as provided in subsection (d)(3), the benefit adjustments under subsection (d)(1)(B) for any plan year shall be suspended in their entirety for each municipal plan within the municipal employees retirement system unless the municipal plan is determined to be funded at a funded ratio equal to or greater than eighty percent (80%) as of the end of the immediately preceding plan year in accordance with the retirement system’s actuarial valuation report as prepared by the system’s actuary, in which event the benefit adjustment will be reinstated for all members for such plan year.

      In determining whether a funding level under this subsection (d)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

    2. Notwithstanding subsection (d)(2), in each fourth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four plan years: (i) A benefit adjustment shall be calculated and made in accordance with subsection (d)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on or before June 30, 2015, the dollar amount in subsection (d)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the municipal plan’s funded ratio exceeds eighty percent (80%).
  5. Upon acceptance of any of the plans in this section, each employee shall on January 1 next succeeding the acceptance, contribute by means of salary deductions, pursuant to § 45-21-41 , one percent (1%) of the employee’s compensation concurrently with and in addition to contributions otherwise being made to the retirement system.
  6. The city or town shall make any additional contributions to the system, pursuant to the terms of § 45-21-42 , for the payment of any benefits provided by this section.
  7. The East Greenwich town council shall be allowed to accept Plan C of subsection (a)(3) of this section for all employees of the town of East Greenwich who either, pursuant to contract negotiations, bargain for Plan C, or who are non-union employees who are provided with Plan C and who shall all collectively be referred to as the “Municipal-COLA Group” and shall be separate from all other employees of the town and school department, union or non-union, who are in the same pension group but have not been granted Plan C benefits. Upon acceptance by the town council, benefits in accordance with this section shall be available to all such employees who retire on or after January 1, 2003.
  8. Effective for members and/or beneficiaries of members who have retired on or before July 1, 2015, and without regard to whether the retired member or beneficiary is receiving a benefit adjustment under this section, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall not be considered cost of living adjustments under the prior provisions of this section.

History of Section. P.L. 1980, ch. 172, § 2; P.L. 1981, ch. 120, § 3; P.L. 1982, ch. 298, § 1; P.L. 1988, ch. 512, § 1; P.L. 2001, ch. 101, § 1; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11; P.L. 2015, ch. 141, art. 21, § 19.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

NOTES TO DECISIONS

COLA Award Invalidated.

Since a cost-of-living increase award (COLA) was not in accordance with the alternatives provided by this section under plans A, B, and C, the award was invalidated. Local 472, Int'l Bhd. of Police Officers v. Town of E. Greenwich, 635 A.2d 269, 1993 R.I. LEXIS 271 (1993).

45-21-53. Armed service credit.

  1. Any active municipal employee who served on active duty in the armed service of the United States or in the merchant marine service of the United States as defined in § 2 of chapter 1721 of the public laws, 1946, may purchase credit for that service up to a maximum of four (4) years, provided that he or she received an honorable discharge; provided, further, that any employee on an official leave of absence for illness or injury is eligible to purchase military credits as defined in this section while on that leave of absence.
  2. The cost to purchase these credits is ten percent (10%) of the member’s first year’s earnings as a municipal employee, as defined in this chapter, multiplied by the number of years and fraction of years of armed service up to a maximum for four (4) years.
  3. There will be no interest charge; provided, the member makes that purchase during his or her first five (5) years of membership in the retirement system, but will be charged regular interest to date of purchase from date of enrollment into membership, if purchased after completing five (5) years of membership; provided, that any member who was in the retirement system prior to July 1, 1980, would not be charged interest whenever he or she purchases the armed services credit.

History of Section. P.L. 1980, ch. 173, § 6; P.L. 1981, ch. 344, § 3; P.L. 1984, ch. 425, § 3; P.L. 1986, ch. 463, § 3; P.L. 1988, ch. 510, § 3; P.L. 1992, ch. 306, art. 3, § 2; P.L. 1997, ch. 169, § 3.

Comparative Legislation.

Armed service credit:

Conn. Gen. Stat. § 7-434.

NOTES TO DECISIONS

Contract.

The plaintiff’s 1991 purchase of military service credit pursuant to §§ 45-21-53 and 36-9-31 formed an implied in fact contract between himself and the retirement system. McGrath v. Rhode Island Retirement Bd., 906 F. Supp. 749, 1995 U.S. Dist. LEXIS 16537 (D.R.I. 1995), aff'd, 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

45-21-54. Reemployment of retired members.

Any retired member of the system is permitted to reenter the service of the system for not more than seventy-five (75) working days in a calendar year without interruption of pension benefits. Pension payments, however, are suspended when that period is exceeded. If the retired member continues in service beyond the seventy-five (75) day period (with his annuity temporarily suspended) the member is not eligible for pension credit for the additional service, nor is the member required to make pension contributions for this service; provided, that any retired member of the system is permitted to serve as an elected city or town council member or school committee member and continues to be eligible for and receive the retirement allowance for service other than that as a council member or school committee member.

History of Section. P.L. 1971, ch. 65, § 1; P.L. 1980, ch. 17, § 1.

45-21-54.1. Reemployment of retired members related to COVID-19.

  1. Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may, as part of the public health crisis caused by COVID-19, exceed the seventy-five-day (75) cap on post-retirement employment upon:
    1. A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceed the seventy-five-day (75) cap on post-retirement employment;
    2. There exists a good-faith basis that those retired teachers, administrators, and staff members being asked to exceed the seventy-five-day (75) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address the public health crisis caused by COVID-19; and
    3. The local education authority has notified the state retirement board that it has determined that exceeding the seventy-five-day (75) cap on post-retirement employment is necessary to help address the public health crisis caused by COVID-19.
  2. Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment.
  3. Unless extended by the general assembly, this section shall sunset upon the conclusion of the 2021-2022 school year.

History of Section. P.L. 2022, ch. 7, § 3, effective March 28, 2022; P.L. 2022, ch. 8, § 3, effective March 28, 2022.

Compiler’s Notes.

P.L. 2022, ch. 7, § 3, and P.L. 2022, ch. 8, § 3 enacted identical versions of this section.

45-21-55. Retired members of the town of Warren.

Every person, who was an employee of the town of Warren receiving retirement benefits prior to July 1, 1974, shall be paid benefits at a rate equivalent to that in effect for retirees on and after July 1, 1974; provided, that the town of Warren shall annually contribute to the system those sums in accordance with the provisions of § 45-21-42 that are deemed necessary to carry out the purpose of this section.

History of Section. P.L. 1975, ch. 254, § 1.

45-21-56. Credit for other municipal service.

  1. Any member who was employed by a municipality, as defined in § 45-21-2 , which did not elect to accept this chapter, as provided in § 45-21-4 , shall be given credit for that service for the various purposes of this system; provided, that the member pays to the retirement system a lump sum amount equal to the full actuarial cost of that credit as certified by the retirement board.
  2. The retirement board shall fix and determine rules and regulations to govern the provisions of this section.
  3. If any member who was employed by a participating municipality is subsequently hired by a different participating municipality, his or her service credits from the former employer shall transfer in toto to the current employer. The retirement system shall transfer all prior employee contributions to the account of the current employing municipality and calculate the full actuarial value of the accrued benefit with the former employing municipality. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between the full actuarial value of the accrued benefit with the former employer and the employee’s contributions from the account of the former employing municipality to the account of the current employing municipality.

History of Section. P.L. 1982, ch. 99, § 1; P.L. 1998, ch. 70, § 1; P.L. 1998, ch. 291, § 1.

45-21-57. Life insurance benefits.

Notwithstanding any other provision of law to the contrary, any member who, at the time of retirement from service, has in effect life insurance provided for as a benefit of his or her employment, shall, after retirement, be entitled to keep the policy of life insurance in effect by paying to the municipality the annual premium. The policy of insurance shall remain in effect so long as the member continues to make annual payments.

History of Section. P.L. 1986, ch. 492, § 1; P.L. 1987, ch. 580, § 1; P.L. 1988, ch. 109, § 1.

NOTES TO DECISIONS

Retired Teachers.

This section entitles retired teachers to purchase optional insurance provided as a benefit of employment. Coventry Teachers' Alliance v. Coventry Sch. Comm., 599 A.2d 1025, 1991 R.I. LEXIS 220 (1991).

45-21-58. Credits for layoffs.

  1. Members who are laid off for any reason and are not on leave without pay may purchase up to one year’s credit for retirement purposes; provided, that the member did not withdraw his or her retirement contributions while on layoff, and returns to active membership; provided, further, that the member purchases the credit upon his or her return to service from being laid off and pays into the retirement system, in a lump sum, the amount he or she would have contributed to the system but for the layoff plus regular interest. Effective July 1, 2012, any purchase under this paragraph shall be at full actuarial cost.
  2. The retirement board shall fix and determine rules and regulations to govern the provisions of this section.

History of Section. P.L. 1989, ch. 474, § 3; P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical amendments to this section.

45-21-59. Effect of deferral and/or reduction of salary.

  1. If subsequent to January 1, 1991, a member sustains a loss of salary due to a deferral of salary or a reduction of salary in order to avoid shutdowns or layoffs, or because of a retrenchment of state or local finances, then in calculating the service retirement allowance of the member, the amount of salary deferred and/or the amount of the reduction of salary shall not reduce the amount of annual compensation of the member for the purpose of establishing his or her highest three (3) consecutive years of compensation. This provision is subject to subsection (c).
    1. For purposes of subsection (a), reduction of salary means:
      1. The actual dollar amount which represents the difference between the employee’s salary prior to the voluntary reduction of salary and the employee’s salary after the voluntary reduction of salary; or
      2. The actual dollar amount which represents the difference between the employee’s salary prior to the renegotiation and/or alteration of an existing collective bargaining agreement and the employee’s salary after the renegotiation and/or alteration of an existing collective bargaining agreement.
    2. Reduction of salary also means the voluntary or negotiated reduction in the number of hours that an employee works in a pay period and for which he or she is paid.
  2. An employee who has sustained a reduction in salary in accordance with subsection (a) shall pay, prior to retirement, to the retirement board an amount equal to the difference between the amount of contribution the employee would have paid on his or her salary prior to the reduction in salary and the amount that the employee actually contributed plus interest.

History of Section. P.L. 1991, ch. 129, § 2; P.L. 1991, ch. 174, § 2; P.L. 2009, ch. 5, art. 10, § 7.

Retroactive Effective Dates.

P.L. 2009, ch. 5, art. 10, § 7, provides that the amendments to this section by that act shall take effect as of July 1, 2008.

45-21-60. Pensioners and beneficiaries of Plan No. 3023 — Town of North Kingstown.

  1. All municipal retirees of the town of North Kingstown and the beneficiaries of municipal retirees of the town of North Kingstown are given a one-time percentage increase to their original retirement benefit in multiples of two percent (2%) as follows up to a maximum of twenty percent (20%).

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  2. The additional percentage is incorporated into the recipients’ monthly benefit retroactive to July 1, 1990.
  3. The provisions of this section are not applicable to any employees who retired under the provisions of chapter 21.2 of this title.

YEAR OF RETIREMENT % OF INCREASE 1989 2% 1988 4% 1987 6% 1986 8% 1985 10% 1984 12% 1983 14% 1982 16% 1981 18% 1980 20% YEARS PRIOR TO 1980 20%

History of Section. P.L. 1991, ch. 406, § 1; P.L. 1991, ch. 407, § 1.

45-21-61. Purchase of credit while serving a prison sentence — Prohibited.

Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested in this chapter, no member is allowed to purchase service credits for time while incarcerated in prison, including but not limited to work release programs or home confinement programs.

History of Section. P.L. 1992, ch. 306, art. 3, § 3.

45-21-62. Purchase of credits for continuous municipal service.

Notwithstanding any other provision of the retirement laws of this state, any active member of the municipal employees’ retirement system who was sixty (60) years of age or greater when their employment commenced, and commenced employment before June 22, 1989, and was ineligible by state law from joining the retirement system, is allowed to purchase service credits for actual past employment. The number of years for which credits may be purchased is limited to the difference between the date upon which they commenced employment at sixty (60) years of age or greater and June 22, 1989, when they were required by law to join the retirement system. Purchase of past service credits shall be at the rate that contributions would have been calculated at the time of past service, plus interest.

History of Section. P.L. 1993, ch. 231, § 4.

45-21-63. Health insurance coverage of retired municipal employees.

Any retired member of the municipal employees retirement system with a pension sufficient to pay premiums is entitled to purchase individual health insurance benefits out of the retiree’s pension payroll, as long as the health insurance is from a company either subject to chapters 19 and 20 of title 27, or licensed pursuant to chapter 41 of title 27. If the municipal retiree desires, the retiree is also permitted to purchase coverage for his or her dependents. In any case, it is the responsibility of the retiree to obtain health insurance and present proof of insurance to the retirement system, which shall establish rules and regulations that are reasonably necessary to carry out this section of law. Retirees purchasing health insurance under this section shall pay the full cost for health insurance.

History of Section. P.L. 1998, ch. 45, § 1; P.L. 1998, ch. 292, § 1.

45-21-64. Purchase of service credits payable by installment.

Notwithstanding any other provisions of this chapter or of any other public or general law to the contrary, the retirement board shall permit individuals who purchase service credit to do so in installments. The retirement board shall create, by rule and regulation, provisions allowing that individuals purchasing service credit may do so on an installment plan by payroll deduction not to exceed five (5) years, provided that all purchases must be made prior to retirement. The retirement board shall charge interest at the actuarial assumed rate of return adopted by the board for purchases made on an installment plan.

History of Section. P.L. 2001, ch. 193, § 3; P.L. 2001, ch. 269, § 3.

45-21-65. Other post-employment benefits — OPEB trusts.

  1. Notwithstanding the provisions of any general or special law, or the provisions of any municipality’s home rule charter, to the contrary, for purposes of funding any unfunded liability for other post-employment benefits including, but not limited to, health care and dental care benefits hereinafter referred to as (“OPEB”) in accordance with government accounting standards board statements 43 and 45, a municipality, acting by its treasurer or director of finance, upon an approving resolution of the city or town council or agency board as applicable, may enter into a trust agreement between the municipality and a corporate trustee which shall be a bank or trust company doing business in the state, or a corporation established pursuant to chapter 5 of this title. This trust agreement shall be in any form deemed proper by the treasurer or director of finance of the municipality, and shall be executed by its treasurer or director of finance and countersigned by its mayor or president of the town council. It shall be lawful for any bank, trust company, or entity organized pursuant to § 45-5-20.1 doing business in the state to act as a depository or trustee under this trust agreement, and to furnish indemnification and pledge securities that may be required by any municipality.
  2. OPEB trust funds shall be credited with all amounts appropriated or otherwise made available by the municipality for the purposes of meeting the current and future OPEB costs payable by the municipality. OPEB trust funds shall also be credited with all amounts contributed or otherwise made available by employees of the municipality for the purpose of meeting future OPEB costs payable by the municipality. Amounts in an OPEB trust fund, including any earnings or interest accruing from the investment of these amounts, shall be expended only for the payment of the costs payable by the municipality for OPEB or as otherwise permitted by the terms of the trust and applicable law. The director of finance or treasurer, as applicable, shall invest and reinvest the amounts in the OPEB trust fund not needed for current disbursement in any investment permitted for the municipality’s pension funds consistent with the prudent person rule and investment policies of the municipality, if any.
  3. Municipalities are hereby authorized to enter into agreements, trusts, contracts, and other arrangements with the state and any of its departments, agencies, boards or commissions relating to the execution, management or operation of the OPEB trust funds, including, but not limited to, investments, and the state and its departments, agencies, boards and commissions are hereby authorized to enter into such agreements, contracts and other arrangements with municipalities. Notwithstanding any provisions of any general or special law or principle of equity to the contrary, the state shall have no liability to any municipality for entering into such agreements.
  4. A municipality may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the OPEB trust fund and may pay from the OPEB trust fund for this advice and other services. Procurement for these services shall be subject to the procurement procedures and rules governing municipalities in the state.
  5. Municipalities are also hereby authorized to enter into agreements, trusts, contracts, and other arrangements with any corporation established pursuant to chapter 5 of this title relating to the execution management or operations of OPEB trust funds including, but not limited to, investments, and the corporations established pursuant to § 45-5-20.1 are hereby authorized to enter into such agreements, trusts, contracts or other arrangements with municipalities.
  6. Any OPEB trusts that have been created by municipalities and are in effect on the date hereof are hereby ratified and confirmed.
  7. Nothing herein shall be construed to exempt OPEB trusts from the Rhode Island Access to Public Records Act, § 38-2-1 et seq.

History of Section. P.L. 2008, ch. 92, § 1; P.L. 2008, ch. 134, § 1; P.L. 2012, ch. 319, § 1; P.L. 2012, ch. 357, § 1.

Compiler’s Notes.

P.L. 2012, ch. 319, § 1, and P.L. 2012, ch. 357, § 1 enacted identical amendments to this section.

45-21-66. Severability.

The holding of any section or sections or parts of this chapter to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.

History of Section. P.L. 2011, ch. 408, § 11; P.L. 2011, ch. 409, § 11.

Compiler’s Notes.

P.L. 2011, ch. 408, § 11, and P.L. 2011, ch. 409, § 11 enacted identical versions of this section.

45-21-67. Central Falls retirees — Settlement agreement.

  1. Definitions.  As used in this section:
    1. “Base pension benefit” is the amount listed on Appendix A, Appendix D-A, and Appendix E-A, attached to the settlement agreement, under the column labeled “amount prior to reduction,” which is the amount each Central Falls retiree was receiving as of July 31, 2011.
    2. “Central Falls retirees” are the retirees, or the beneficiaries of retirees, of the city of Central Falls, listed on Appendix A to the settlement agreement, as amended from time to time, when a retiree or beneficiary dies.
    3. “Settlement agreement” shall mean that settlement and release agreement, as set forth in P.L. 2012, Ch. 241, Art. 22, signed by and between the receiver of the city of Central Falls, the director of revenue and the participating retirees, approved by the bankruptcy court by order dated January 9, 2012.
  2. Legislative findings and purpose.
    1. Pursuant to P.L. 2012, Ch. 241, Art. 22, which defined the terms of the initial appropriation, the state made an appropriation of two million six hundred thirty-six thousand nine hundred thirty-two dollars ($2,636,932), which was deposited into a restricted account held by the city of Central Falls, for the purpose of supplementing the reduced pensions of the Central Falls retirees, to enable the city to pay the Central Falls retirees seventy-five percent (75%) of their base pension benefit as of July 31, 2011, for a five-year (5) period, with the last supplemental appropriation to be paid on or within thirty (30) days of July 1, 2015.
    2. The drastic pension reductions experienced by the Central Falls retirees provided a harsh example of the risks of unfunded-pension liabilities, which, in turn, provided the primary incentive toward successful pension negotiations with other municipal, police, and fire retirees, saving the state more than sixty million dollars ($60,000,000).
    3. If said appropriation is not made prior to July 1, 2016, the Central Falls retirees, many of whom sustained serious and permanent injuries in service to the city, will have their pensions reduced yet again, in some instances to less than sixty percent (60%) of the pension they were receiving on July 11, 2011.
    4. It is fair and just that the state appropriate sufficient funds to the city to supplement the city’s funding of the pension benefits to the Central Falls retirees to ensure that the Central Falls retirees continue to receive no less than seventy-five percent (75%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, for their lifetime, and to the extent applicable, for the life of their beneficiaries.
  3. Appropriation payment.
    1. Appropriation payment and restrictions on use.  In accordance with the terms set forth in Article 22 and the settlement agreement, the state shall annually appropriate sufficient funds to the restricted account for the city of Central Falls to supplement the city’s funding for payments to Central Falls retirees in order that they continue to receive no less than seventy-five percent (75%) of their base pension benefit as of July 31, 2011, after taking into account all applicable cost-of-living adjustments, for their lifetime, and to the extent applicable, for the life of their beneficiaries. Such appropriation shall be determined annually by an actuarial valuation (“appropriation amount”), and it is expected over the life of the existing retirees to total four million eight hundred seventeen thousand seven hundred eight dollars ($4,817,708).
    2. Deposit of appropriation payment and payments to Central Falls retirees.  The appropriation payment shall be immediately deposited by the city into the previously established “participating retirees restricted five-year (5) account,” which shall be redesignated as the “participating retirees’ restricted account.” The participating retirees’ account shall be administered by the city and not by any third-party pension-fund manager.
  4. Any and all withdrawals, transfers, and payments from the participating retirees’ account shall be made as set forth in the settlement agreement and accompanying appendices and said Article 22 (c) until the payments are made on July 1, 2015.
  5. Beginning on or within thirty (30) days of July 1, 2016, and annually thereafter, with payments to be paid each retiree or beneficiary as applicable on or within thirty (30) days of July 1 of each year they are eligible for benefits under the Central Falls pension plan, the city shall distribute to each participating retiree or beneficiary the annual amount listed on the actuarial spreadsheets prepared by Sherman Actuarial Services, which shall supplement the pension payments paid by the city in order that each retiree will receive no less than seventy-five percent (75%) of his or her base pension benefit, after taking into account all applicable cost-of-living adjustments, for his or her lifetime, and to the extent applicable, sixty-seven and one-half percent (67.5%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, to his or her beneficiaries for his or her lifetime. Such supplemental distributions shall be made by the city when the funds appropriated by the state are made available to the city, which shall be as close to July 1 as practicable.
  6. Relationship to base pension payments.  The supplemental payments to the Central Falls retirees from the participating retirees’ restricted account shall not be included in the calculation of base pension benefits for the purposes of determining a retiree’s or beneficiary’s cost-of-living adjustment.
  7. The cost-of-living adjustments as set forth in the settlement agreement are to be paid by the city of Central Falls to the Central Falls retirees, and to the extent applicable, their beneficiaries.
  8. The following provision shall amend and supersede P.L. 2012, Ch. 241, Art. 22 (c)(4) regarding the balance in the participating retirees’ restricted account as of August 1, 2015:
    1. Distribution of balance.  As of August 1, 2015, no further supplemental payments shall be distributed to the Central Falls retirees under the terms of the settlement agreement. The balance of monies in the participating retirees’ restricted account shall be distributed in accordance with this Article, in the amounts and to those retirees and beneficiaries listed on the actuarial spreadsheets prepared by Sherman Actuarial Services, LLC and maintained and administered by the city. The amounts set forth on the actuarial spreadsheets will supplement the pension payments being made by the city in order that each retiree will receive no less than seventy-five percent (75%) of their base pension benefit, after taking into account all applicable cost-of-living adjustments, for his or her lifetime, and to the extent applicable, sixty-seven and one-half percent (67.5%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, to their beneficiaries for his or her lifetime.
    2. Any monies remaining in the participating retirees’ restricted account after the last-living retiree attains seventy-five percent (75%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, or last-living beneficiary attains sixty-seven and one-half percent (67.5%) of the base pension benefit, after taking into account all applicable cost-of-living adjustments, shall be returned to the state under state law.
  9. Access to account information and records.  The city shall maintain appropriate account information and records relating to all receipts into, maintenance of, and distributions from, the participating retirees’ restricted account, and shall allow, at all reasonable times, for the full inspection and copying and sharing of information about such account and any and all payments therefrom with any participating retiree and the state.
  10. Unclaimed payments.  Any monies distributed to a participating retiree or beneficiary from the participating retirees’ restricted account and not claimed by a participating retiree or beneficiary after the city has exercised good faith attempts over a six-month (6) period to deliver it to the best, last-known address of such participating retiree or beneficiary, shall not escheat under state law, but shall remain in the participating retirees’ restricted account until the conditions of subsection (h) herein have been satisfied.
  11. Liabilities and penalties for inappropriate use of appropriation payment.  Any person, whether in his/her individual capacity, who uses, appropriates, or takes or instructs another to use, appropriate, or take, the appropriation payment, or any portion thereof, that is not specifically used for making payments to participating retirees or their beneficiaries as required hereunder and under the terms of the settlement agreement, shall be personally liable for repayment of said funds and further shall be subject to any and all applicable civil and criminal sanctions and/or penalties for such act(s).
  12. Retirees’ beneficiaries.  Upon the death of any retiree covered by this section, their beneficiary shall receive sixty-seven percent (67%) of the retiree’s base pension benefit, as defined in subsection (a)(1) of this section.

History of Section. P.L. 2014, ch. 358, § 1; P.L. 2014, ch. 394, § 1; P.L. 2016, ch. 307, § 1; P.L. 2016, ch. 326, § 1; P.L. 2019, ch. 88, art. 16, § 1.

Compiler’s Notes.

P.L. 2014, ch. 358, § 1, and P.L. 2014, ch. 394, § 1 enacted identical versions of this section.

P.L. 2016, ch. 307, § 1, and P.L. 2016, ch. 326, § 1 enacted identical amendments to this section.

Chapter 21.1 Municipal Fire Fighters’ Pensions

45-21.1-1. Benefits.

  1. Whenever, under any general law or special act, any town or city has established a pension system for the fire fighters of the town or city, funded in whole or in part by contributions from those fire fighters, then upon the death of a fire fighter, whether before or after his or her retirement, there is due from the fire fighter’s pension fund of the town or city to the person or persons as he or she has nominated by written designation, and, if no designation was made, to the widow or widower or domestic partner of the fire fighter, if any, an amount equal to the total contributions made to the pension fund by the deceased fire fighter less any benefits received by the fire fighter from the fund. If there is no designation and no widow or widower or domestic partner surviving the fire fighter, payments under the provisions of this section are paid to the estate of the deceased fire fighter in an amount equal to the total contributions made to the pension fund by the deceased fire fighter less any benefits received by the fire fighter from the fund; provided, that if the amount due to the estate of a deceased fire fighter under the provisions of this section is one thousand dollars ($1,000) or less, then, in lieu of making the payment due under the provisions of this section to the estate, the payment may be made to the widow or widower or domestic partner (for his or her sole use) of the deceased fire fighter; and provided, further, that this section does not apply in the case of any pension fund which provides benefits for the dependents or survivors of a deceased fire fighter.
  2. The term “domestic partner” shall have the same meaning as that provided for in § 45-21-2 .

History of Section. P.L. 1964, ch. 178, § 1; P.L. 1970, ch. 125, § 1; P.L. 1988, ch. 84, § 103; P.L. 2007, ch. 510, § 17.

Chapter 21.2 Optional Retirement for Members of Police Force and Firefighters

45-21.2-1. Purpose.

It is the intent of this chapter to provide municipalities with an alternate retirement plan for police and fire fighters to be administered in accordance with chapter 21 of this title.

History of Section. P.L. 1968, ch. 230, § 1.

Comparative Legislation.

Optional retirement of police and fire fighters:

Conn. Gen. Stat. § 7-439g.

Mass. Ann. Laws ch. 32, §§ 81A, 81B, 83A, 85E, 85J.

45-21.2-2. Definitions.

As used in this chapter, the words defined in § 45-21-2 have the same meanings stated in that section except that “employee” means any regular and permanent police official or officer and any regular and permanent fire fighter. The retirement board shall determine who are employees within the meaning of this chapter; and “final compensation” means for members who retire on or prior to June 30, 2012, the average annual compensation, pay or salary of a member for services rendered during the period of three (3) consecutive years within the total service of the member when that average was highest. Effective on and after July 1, 2012, “final compensation” means the average annual compensation of a member for services rendered during the period of the highest five (5) consecutive years within the total service of the member, and compensation shall be defined in accordance with § 36-8-1(8) . Notwithstanding the prior sentence, in no event shall a member’s final compensation be less than the member’s final compensation on or before June 30, 2012.

History of Section. P.L. 1968, ch. 230, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-3. Optional retirement for police and firefighters.

In addition to the retirement system established under the provisions of chapter 21 of this title, any municipality may accept this chapter in the manner stated in § 45-21-4 . Withdrawal from the system is in the same manner as stated in § 45-21-5 subject to the provisions of § 45-21.4-3 .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 2019, ch. 272, § 2; P.L. 2019, ch. 277, § 2.

Compiler’s Notes.

P.L. 2019, ch. 272, § 2, and P.L. 2019, ch. 277, § 2 enacted identical amendments to this section.

45-21.2-4. Mode of administration.

The optional retirement system established in this chapter is administered in the same manner provided in chapter 21 of this title; credits for prior service and collection of contributions are determined through reference to that chapter; provided, that where the provisions of that chapter conflict with this chapter, then the provision of this chapter control. Liability of contributions is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 1968, ch. 230, § 1.

NOTES TO DECISIONS

Construction.

R.I. Gen. Laws §§ 45-21-23(a) and 45-21-24(b) , by their blunt language, apply to any disability annuitant, and R.I. Gen. Laws § 45-21.2-4 provides that the optional retirement system provided in Chapter 21.2 is to be administered in the same manner provided in Chapter 21 while leaving the term “administered” devoid of any clarifying definition; for these reasons, there is substantial ambiguity as to which sections of Chapter 21 apply to an accidental disability pension under Chapter 21.2. Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

45-21.2-5. Retirement on service allowance.

  1. Retirement of a member on a service retirement allowance for members eligible to retire on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement board as follows:
    1. Any member who has attained or attains age seventy (70) shall be retired as stated in § 45-21-16 subject to the discretions contained in that section; provided, that any member who is a member of the Woonsocket fire department who has attained or attains an age of sixty-five (65) years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in which the member has attained the age of sixty-five (65) years.
    2. Any member may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10) years of total service, and notwithstanding that the member may have separated from service.
    3. Any member may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has completed at least twenty-five (25) years of total service, and notwithstanding that the member may have separated from service.
    4. Any member may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has attained an age of fifty (50) years and has completed at least twenty (20) years of total service, notwithstanding that the member may have separated from service; provided, that the service retirement allowance, as determined according to the formula provided in § 45-21.2-6 , is reduced one-half of one percent (1/2%) for each month that the age of the member is less than fifty-five (55) years.
    5. Any member of the South Kingstown police department may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has earned a service retirement allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1 .
    6. Any member of the Johnston police department may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has earned a service retirement allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2 .
    7. Any member of the Cranston fire department hired after July 1, 1995, or any member of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has earned a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation for Cranston fire department members is based on the compensation components of weekly salary, longevity and holidays with longevity of the members highest year of earnings and members shall receive a three percent (3%) escalation of their pension payment compounded each year on January 1st following the year of retirement and continuing on an annual basis on that date; further, any illness or injury not covered in title 45 relating to the presumption of disability is governed by the collective bargaining agreement between the City of Cranston and members of the Cranston fire department.
    8. Any member of the Cranston police department hired after July 1, 1995, or any member of the Cranston police department with five (5) years or less of service effective July 1, 1995, may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has earned a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation for Cranston police department members is based on the compensation components of weekly salary, longevity and holidays with longevity of the members highest year of earnings and members shall receive a three percent (3%) escalation of their pension payment compounded each year on January 1st following the year of retirement and continuing on an annual basis on that date; further, any illness or injury not covered in title 45 relating to the presumption of disability is governed by the collective bargaining agreement between the City of Cranston and members of the Cranston police department.
    9. Any member of the Hopkinton police department may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has earned a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation for Hopkinton police department members is based on the compensation components of weekly salary, longevity and holidays with longevity of the members highest year of earnings and members shall receive a three percent (3%) escalation of their pension payment compounded each year on January 1st following the year of retirement and continuing on an annual basis on that date.
    10. Any member of the Richmond police department may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement has earned a service retirement allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service pursuant to § 45-21.2-6 .3.
    11. Notwithstanding any provision in this section to the contrary, for any service on or after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2 , and no benefit adjustments shall be provided except as set forth in § 45-21-52(c) .
    12. Notwithstanding any provisions of this section to the contrary, with respect to police officers employed by the town of Johnston, only those police officers hired on or after July 1, 2010, shall be eligible to be members of the Municipal Employees’ Retirement System of the state of Rhode Island in accordance with this chapter.
  2. Retirement of a member on a service retirement allowance eligible to retire on and after July 1, 2012, shall be made by the retirement board as follows:
    1. Any member may retire pursuant to this subdivision upon written application to the board stating at what time the member desires to retire; provided, that the member at the specified time for retirement attained the age of at least fifty-five (55) years and has completed at least twenty-five (25) years of total service, and notwithstanding that the member may have separated from service; or
    2. Effective July 1, 2015, the member makes contributions to the plan effective July 1, 2015, in accordance with § 45-21.2-14 , and (i) The member at the specified time for retirement attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total service; or (ii) The member has completed at least twenty-seven (27) years of total service regardless of the member’s attained age, and notwithstanding that the member may have separated from service.
    3. Any member with contributory service on or after July 1, 2012, who has completed at least five (5) years of contributory service but who has not completed twenty-five (25) years of service, shall be eligible to retire upon the attainment of the member’s Social Security retirement age.
    4. If a member had ten (10) or more years of contributory service and attained age forty-five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two (52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon attainment of age fifty-two (52).
    5. Effective July 1, 2015, a member who has completed twenty (20) or more years of total service who has attained an age within five (5) years of the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the member is less than the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above in accordance with the following table: Click to view
    6. Notwithstanding any other provisions of this section, a member on June 30, 2012, may elect to retire at his or her eligible retirement date as determined under the rules in effect on June 30, 2012, provided that a member making an election under this paragraph shall receive the member’s retirement benefit determined and calculated based on the member’s service and final compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a member’s accrued benefit on June 30, 2012.

Cumulative Year Preceding Cumulative Annual Monthly Retirement Reduction Reduction For Year 1 9% .75% For Year 2 8% .667% For Year 3 7% .583% For Year 4 7% .583% For Year 5 7% .583%

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1975, ch. 153, § 1; P.L. 1983, ch. 330, § 1; P.L. 1984, ch. 13, § 1; P.L. 1986, ch. 40, § 1; P.L. 1987, ch. 402, § 1; P.L. 1996, ch. 374, § 1; P.L. 2000, ch. 110, § 1; P.L. 2000, ch. 416, § 1; P.L. 2007, ch. 482, § 2; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12; P.L. 2012, ch. 15, § 1; P.L. 2012, ch. 16, § 1; P.L. 2015, ch. 141, art. 21, § 25.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

P.L. 2012, ch. 15, § 1, and P.L. 2012, ch. 16, § 1 enacted identical amendments to this section.

45-21.2-5.1. Retirement credits for layoffs.

  1. Members who are laid off for any reason, and not on leave without pay, may purchase layoff time up to one year service credit for retirement purposes, provided the member did not withdraw his or her retirement contributions while on the layoff, and returns to active service.
  2. Provided, further, that the member purchases the credit within one year of the member’s return to service from the layoff and (1) for purchases on or prior to June 30, 2012, the member pays into the retirement system in a lump sum the amount the member would have contributed to the system but for the layoff plus regular interest and (2) for purchases on or after July 1, 2012, the member pays into the retirement system in a lump sum the full actuarial cost of the time being purchased.
  3. The retirement board shall fix and determine rules and regulations to govern the provisions of this section.

History of Section. P.L. 1984, ch. 428, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-6. Service retirement allowance.

  1. Upon retirement from service pursuant to § 45-21.2-5 , a member receives a retirement allowance which is a life annuity terminable at the death of the annuitant and shall be an amount equal to two percent (2%) of final compensation multiplied by the years of total service, provided that a member who retires upon the attainment of age of fifty-seven (57) years and has completed at least thirty (30) years of total service shall receive a retirement allowance which is a life annuity terminable at the death of the annuitant and shall be an amount equal to the greater of: (i) Two and one quarter percent (2.25%) of final compensation multiplied by total years of service; or (ii) The member’s accrued benefit determined as of June 30, 2012, plus two and one quarter percent (2.25%) of final compensation multiplied by member’s years of service after June 30, 2012; provided further that the life annuity under this subsection (a) shall not exceed seventy-five percent (75%) of final compensation.
  2. Upon retirement, the member may elect to receive the actuarial equivalent of his or her retirement allowance in a lesser retirement allowance as determined by actuarial calculation, which is payable throughout life with the provision that:
    1. Option 1.  A reduced retirement allowance payable during the member’s life with the provisions that after his or her death it shall continue during the life of and be paid to the person that he or she nominated by written designation duly acknowledged and filed with the retirement board at the time of retirement; or
    2. Option 2.  A reduced retirement allowance payable during the member’s life with the provision that after his or her death an allowance equal to one-half (1/2) of his or her reduced allowance shall continue during the life of and be paid to the person that he or she nominated by written designation duly acknowledged and filed with the board at the time of retirement.
  3. If prior to July 1, 2012, a member elected an optional form of benefit other than a life annuity in accordance with paragraph (b)(1) or (2) above, the member may elect to change his or her form of benefit to a life annuity by filing an election with the retirement board on or before June 30, 2013, provided that the member’s beneficiary is still alive at the time the election is filed.

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1988, ch. 513, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12; P.L. 2015, ch. 141, art. 21, § 26.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-6.1. South Kingstown police department — Retirement allowance.

Upon retirement from service pursuant to subdivision (1), (2), or (5) of § 45-21.2-5 , a member of the South Kingstown police department receives a retirement allowance which is a life annuity terminable at the death of the annuitant, and is an amount equal to the sum of two and one-half percent (2.5%) of final compensation multiplied by the years of service accrued after July 1, 1993, and until June 30, 2012, and two percent (2%) of final compensation multiplied by the years of service accrued prior to July 1, 1993. For service on and after July 1, 2012, a member’s service retirement allowance shall be determined in accordance with § 45-21.2-6 . The annual retirement allowance in no event shall exceed seventy-five percent (75%) of final compensation.

History of Section. P.L. 1983, ch. 330, § 2; P.L. 1993, ch. 335, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-6.2. Johnston police department retirement allowance.

Upon retirement from service pursuant to subdivision (1), (2), or (6) of § 45-21.2-5 , a member of the Johnston police department receives a retirement allowance which is a life annuity terminable at the death of the annuitant, and is an amount equal to the sum of two percent (2%) of final compensation multiplied by the first twenty-five (25) years of service and four percent (4%) of final compensation multiplied by the years of service in excess of twenty-five (25) years for service on and prior to June 30, 2012. For service on and after July 1, 2012, a member’s service retirement allowance shall be determined in accordance with § 45-21.2-6 . The annual retirement allowance in no event shall exceed seventy-five percent (75%) of final compensation.

History of Section. P.L. 1987, ch. 402, § 2; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-6.3. Richmond police department — Retirement allowance.

Upon retirement from service pursuant to chapter 45-21.2-5 , a member of the Richmond police department shall receive a retirement allowance which shall be terminable at the death of the annuitant, and shall be an amount equal to the sum of two and two thousand seven hundred twenty-seven ten thousandths of a percent (2.2727%) of final compensation (average of final three years’ salary) multiplied by the years of service on and prior to June 30, 2012. For service on and after July 1, 2012, a member’s service retirement allowance shall be determined in accordance with § 45-21.2-6 . The annual retirement allowance in no event shall exceed seventy-five percent (75%) of final compensation.

History of Section. P.L. 2007, ch. 482, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

Effective Dates.

P.L. 2007, ch. 482, § 3, provides that this section takes effect on July 1, 2008.

45-21.2-7. Retirement for ordinary disability.

Any member in active service who has five (5) years or more of total service and who is not otherwise eligible for retirement may, upon the member’s application or upon application of the employer, be retired on an ordinary disability retirement allowance, subject to the restrictions set forth in §§ 45-21-19 , 45-21-20 , 45-21-23 , and 45-21-24 .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1980, ch. 29, § 2.

45-21.2-8. Ordinary disability allowance.

Upon retirement for ordinary disability, a member receives a retirement allowance equal to the rate prescribed for service retirement; provided, that no member retiring with less than ten (10) years of total service receives a benefit less than the member would have received if the member had ten (10) years of service.

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1980, ch. 29, § 2.

45-21.2-9. Retirement for accidental disability.

  1. Any member in active service, regardless of length of service, is entitled to an accidental disability retirement allowance. Application for the allowance is made by the member or on the member’s behalf, stating that the member is physically or mentally incapacitated for further service as the result of an injury or illness sustained while in the performance of duty and certifying to the time, place, and conditions of the duty performed by the member that resulted in the alleged disability and that the alleged disability was not the result of the willful negligence or misconduct on the part of the member, and was not the result of age or length of service. The application shall be made within eighteen (18) months of the alleged accident from which the injury has resulted in the member’s present disability and shall be accompanied by an accident report and a physician’s report certifying to the disability. If the member was able to return to his or her employment and subsequently reinjures or aggravates the same injury or illness, the member shall make another application within eighteen (18) months of the reinjury or aggravation that shall be accompanied by a physician’s report certifying to the reinjury or aggravation causing the disability. If a medical examination made by three (3) physicians engaged by the retirement board, and other investigations as the board may make, confirms the statements made by the member, the board may grant the member an accidental disability retirement allowance.
  2. For the purposes of subsection (a), “aggravation” shall mean an intervening work-related trauma that independently contributes to a member’s original injury or illness that amounts to more than the natural progression of the preexisting disease or condition and is not the result of age or length of service. The intervening independent trauma causing the aggravation must be an identifiable event or series of work-related events that are the proximate cause of the member’s present condition of disability.
  3. “Occupational cancer,” as used in this section, means a cancer arising out of employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in the fire department.
  4. For purposes of subsection (a), “reinjury” shall mean a recurrence of the original work-related injury or illness from a specific ascertainable event. The specific event must be the proximate cause of the member’s present condition of disability.
  5. Any firefighter, including one employed by the state, or a municipal firefighter employed by a municipality that participates in the optional retirement for police officers and firefighters as provided in this chapter, who is unable to perform his or her duties in the fire department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1-4 ) that develops or manifests itself during a period while the firefighter is in the service of the department, and any retired member of the fire force of any city or town who develops occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1-4 ), is entitled to receive an occupational cancer disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the firefighter is employed by the state.
  6. In the event that any party is aggrieved by the determination of the retirement board pursuant to § 45-19-1 , for an injury or illness occurring on or after July 1, 2011, the party may submit an appeal to the Rhode Island workers’ compensation court. The appellant shall file a notice of appeal with the retirement board and with the workers’ compensation court within twenty (20) days of the entry of the retirement board’s decision and shall serve a copy of the notice of appeal upon the opposing party.
  7. Within twenty (20) days of the receipt of the notice of appeal, the retirement board shall transmit the entire record of proceedings before it, together with its order, to the workers’ compensation court.
  8. In the event that a party files a notice of appeal to the workers’ compensation court, the order of the retirement board shall be stayed pending further action by the court pursuant to the provisions of § 28-35-20 .
  9. Upon receipt of the notice of appeal, the court shall assign the matter to a judge and shall issue a notice at the time advising the parties of the judge to whom the case has been assigned and the date for pretrial conference in accordance with § 28-35-20 .
  10. All proceedings filed with the workers’ compensation court pursuant to this section shall be de novo and shall be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and dispute resolution processes, as provided under the rules of the workers’ compensation court. The workers’ compensation court shall enter a pretrial order in accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that the retirement board files a claim for trial of the pretrial order entered by the court, the order of the court shall be stayed until a final order or decree is entered by the court. If after trial and the entry of a final decree the court sustains the findings and orders entered in the pretrial order, the retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial order was entered until the time the final decree is entered by the court. Where the matter has been heard and decided by the workers’ compensation court, the court shall retain jurisdiction to review any prior orders or decrees entered by it. The petitions to review shall be filed directly with the workers’ compensation court and shall be subject to the case management and dispute resolution procedures set forth in chapters 29 — 38 of title 28 (“Labor and Labor Relations”).
  11. If the court determines that a member qualifies for accidental disability retirement, the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the member’s compensation at the date of the member’s retirement, subject to the provisions of § 45-21-31 .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1980, ch. 59, § 2; P.L. 1991, ch. 255, § 1; P.L. 2007, ch. 331, § 1; P.L. 2007, ch. 473, § 1; P.L. 2009, ch. 310, § 50; P.L. 2011, ch. 151, art. 12, § 8; P.L. 2013, ch. 283, § 1; P.L. 2013, ch. 397, § 1; P.L. 2013, ch. 445, § 9; P.L. 2013, ch. 475, § 9; P.L. 2017, ch. 269, § 1; P.L. 2017, ch. 288, § 1; P.L. 2020, ch. 62, § 2; P.L. 2020, ch. 69, § 2; P.L. 2021, ch. 391, § 1, effective July 16, 2021; P.L. 2021, ch. 392, § 1, effective July 16, 2021.

Compiler’s Notes.

This section was amended by four Acts ( P.L. 2013, ch. 283, § 1, P.L. 2013, ch. 397, § 1, P.L. 2013, ch. 445, § 9; P.L. 2013, ch. 475, § 9) passed by the 2013 General Assembly. Since the four acts are not in conflict, the section is set out as amended by all four acts.

P.L. 2013, ch. 283, § 1, and P.L. 2013, ch. 397, § 1 enacted identical amendments to this section.

P.L. 2013, ch. 445, § 9, and P.L. 2013, ch. 475, § 9 enacted identical amendments to this section.

P.L. 2017, ch. 269, § 1, and P.L. 2017, ch. 288, § 1 enacted identical amendments to this section.

P.L. 2020, ch. 62, § 2, and P.L. 2020, ch. 69, § 2 enacted identical amendments to this section.

P.L. 2021, ch. 391, § 1, and P.L. 2021, ch. 392, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2020, ch. 62, § 3 provides: “This act shall take effect upon passage [July 22, 2020] and shall be given retroactive as well as prospective effect and shall apply to all cancer-related illnesses, injuries and disability claims pending upon the effective date of this act.”

P.L. 2020, ch. 69, § 3 provides: “This act shall take effect upon passage [July 22, 2020] and shall be given retroactive as well as prospective effect and shall apply to all cancer-related illnesses, injuries and disability claims pending upon the effective date of this act.”

Applicability.

P.L. 2013, ch. 445, § 10, provides that the amendment to this section by that act shall not abrogate or affect substantive rights or pre-existing agreements, preliminary determinations, orders or decrees.

P.L. 2013, ch. 475, § 10, provides that the amendment to this section by that act shall not abrogate or affect substantive rights or pre-existing agreements, preliminary determinations, orders or decrees.

NOTES TO DECISIONS

Attorney’s Fees and Costs.

Rhode Island Workers’ Compensation Court and its Appellate Division lacked the authority to award attorney’s fees and costs in a successful appeal from a decision of a retirement board regarding an accidental disability retirement claim because there was no statutory authority providing for the award of attorney’s fees in a successful appeal of an accidental disability retirement claim. Koback v. Mun. Emples. Ret. Sys. of R.I., 252 A.3d 1247, 2021 R.I. LEXIS 72 (R.I. 2021).

Jurisdiction.

In a case involving a firefighter diagnosed with colon cancer, the Workers’ Compensation Court had jurisdiction to hear the firefighter’s appeal from the denial of his application for accidental disability benefits by the Retirement Board of the Municipal Employees’ Retirement System of Rhode Island; however, the part of the decree that found that chapter 19.1 of title 45 contains a conclusive presumption that all cancer in firefighters is occupational cancer was reversed. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

R.I. Gen. Laws §§ 45-19-1 and 45-21.2-9(f) , when read in conjunction, demonstrate the General Assembly’s intent to cloak the Workers’ Compensation Court with jurisdiction over appeals by aggrieved parties who have applied for an accidental disability retirement allowance pursuant to the time mandate contained in R.I. Gen. Laws § 45-19-1 (j) and were denied by the Retirement Board of the Municipal Employees’ Retirement System of Rhode Island. Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

R.I. Gen. Laws § 28-30-1(a) grants the Workers’ Compensation Court (WCC) jurisdiction that may be necessary to carry out its duties under the provisions of R.I. Gen. Laws § 45-21.2-9 . For the General Assembly to grant the WCC the jurisdiction necessary to carry out its duties under § 45-21.2-9 , and for the court to interpret R.I. Gen. Laws § 45-21.2-9(f) as providing the WCC with no new jurisdiction under that section, would disregard all sense of legislative intent and would defeat the underlying purpose of the act. Therefore, the General Assembly intended the WCC to have jurisdiction over appeals from adverse decisions rendered by the retirement board when the application was filed pursuant to the time mandate contained in R.I. Gen. Laws § 45-19-1(j). Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

General Assembly intended to include occupational cancer as an injury in the Workers’ Compensation Court appeal provision provided for in § 45-21.2-9(f) . Lang v. Mun. Emples. Ret. Sys. of R.I., 222 A.3d 912, 2019 R.I. LEXIS 144 (2019) (decided under prior law).

Retirement.

Superior court properly granted a union’s motion to compel arbitration and denied a city’s motion to reopen the record because the municipal police officer, who had been denied accidental disability retirement, had not retired and therefore the union had standing to pursue a grievance on his behalf and the dispute was arbitrable. The retirement board lacked authority to unilaterally retire the officer, and a letter from the officer to the city did not effectuate his retirement where his offer of retirement was conditional and the city rejected the condition. City of Cranston v. Int'l Bhd., Local 301, 230 A.3d 564, 2020 R.I. LEXIS 50 (2020).

45-21.2-10. Accidental disability allowance.

The amount of retirement allowance for accidental disability is that as prescribed in § 45-21-22 .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1980, ch. 59, § 2.

Law Reviews.

Sarah D. Boucher, 2018 Survey: Grasso v. Raimondo, 24 Roger Williams U. L. Rev. 434 (2019).

NOTES TO DECISIONS

Construction.

Based on the purpose of the statute, to provide a pension to a police officer or firefighter who is disabled and cannot work, the most plausible interpretation of this ambiguous statutory scheme is that the General Assembly intended for an accidental disability pension under R.I. Gen. Laws § 45-21.2-10 to be subject to the independent medical examination and income-reporting requirements of R.I. Gen. Laws §§ 45-21-23 and 45-21-24 . Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

General Assembly may have the residual right to provide for an accidental disability pension without the requirement of periodic independent medical examinations or the reporting of other gainful employment; however, it would have to be pellucidly explicit if it wished to do something so extraordinary in such an important context, and it would require much more tangible evidence of legislative intent than the stark statutory silence left after the 1980 amendment to R.I. Gen. Laws § 45-21.2-10 . Grasso v. Raimondo, 177 A.3d 482, 2018 R.I. LEXIS 13 (2018).

45-21.2-11. Accidental death benefits.

Upon the accidental death of a member before retirement; provided, that evidence shall be submitted to the retirement board proving that the death of the member was a natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on the member’s part, that member’s accumulated contribution shall be paid to that member’s estate, or to the person having an insurable interest in the member’s life as the member nominated by written designation, duly executed and filed with the retirement board, and upon application by or on behalf of the dependents of the deceased member, the retirement board shall grant a benefit equal to one-half (1/2) of the rate of compensation of the member in effect at the date of death:

  1. To his or her widow or widower or domestic partner to continue for life unless he or she remarries or enters into a domestic partnership, together with an amount equal to ten percent (10%) of the rate of compensation for each child of the member under the age of eighteen (18), subject to a total family benefit of sixty-six and two-thirds percent (662/3%) of salary; or
  2. If there is no widow or widower or domestic partner or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of eighteen (18), then to the member’s child or children under that age, a benefit for each of fifteen percent (15%) of the rate of compensation of the member subject to a total family benefit of fifty percent (50%) of salary.

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1984, ch. 42, § 2; P.L. 2007, ch. 510, § 18.

45-21.2-12. Ordinary death benefit.

Upon death of a member occurring while in service and prior to retirement from any cause other than accidental death arising directly out of and in the course of employment, a payment shall be made consisting of:

  1. The sum of eight hundred dollars ($800) for each year of service subject to a minimum payment of four thousand dollars ($4,000) and a maximum payment of sixteen thousand dollars ($16,000); and
  2. An annuity to his or her widow or widower or domestic partner to continue for life unless he or she remarries or enters into a domestic partnership equal to thirty percent (30%) of the rate of compensation plus an allowance of ten percent (10%) of the compensation on account of each child of the member under age eighteen (18), subject to a total family benefit of fifty percent (50%) of final compensation; or if there is no widow or widower or domestic partner, or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of eighteen (18) years, then an annuity with respect to each child of fifteen percent (15%) of the member’s final compensation subject to a maximum family benefit of fifty percent (50%) of final compensation.
  3. The benefit under subsection (2) of this section is not payable if the member elected the provisions of § 45-21.2-21 .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1973, ch. 137, § 1; P.L. 1984, ch. 42, § 2; P.L. 1988, ch. 513, § 1; P.L. 2007, ch. 510, § 18.

45-21.2-13. Benefit on death of retired member.

  1. Upon death of a member after retirement, unless the member has selected any of the options provided in § 45-21.2-6(c) , a benefit is payable consisting of the excess, if any, of the total contributions of the member at date of retirement, without interest, over the aggregate amount of all retirement allowance payments received by the member prior to his or her death. This benefit is payable whether retirement occurs on account of service or ordinary disability.
  2. In addition, a benefit is payable upon the death of any retired member, regardless of the date of retirement, consisting of the continuation of the ordinary death benefit provisions of the retirement act into retirement in the full amount, accrued at the date of retirement, for the first year following the date of retirement; provided, that in each succeeding year this amount is reduced on each retirement anniversary date by twenty-five percent (25%) until twenty-five percent (25%) of the total amount accumulated as of the date of retirement is reached; provided, that the amount is not reduced to less than four thousand dollars ($4,000). This sum shall continue thereafter as the sum payable on death after retirement.
  3. The benefit as provided by § 45-21.2-12(2) is payable provided the member has not elected the provisions of § 45-21.2-6(c) .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1973, ch. 129, § 1; P.L. 1988, ch. 513, § 1.

45-21.2-14. Contributions.

  1. Each member shall contribute an amount equal to seven percent (7%) of the salary or compensation earned or accruing to the member provided that effective July 1, 2015, each member shall contribute an amount equal to nine percent (9%) of the salary or compensation earned or accruing to the member. Special compensation or additional fees shall not be considered as compensation for contribution purposes.
  2. Deductions are made in accordance with § 45-21-14 and credited in accordance with § 45-21-43 .
  3. Each municipality shall make contributions to the system to provide the remainder of the obligation for retirement allowances, annuities, and other benefits provided in this section, after applying the accumulated contribution of members, interest income on investments, and other accrued income. The contribution shall be compiled in accordance with §§ 45-21-42 45-21-44 , except that contributions for the first five (5) years of the system shall likewise be determined by the board.
  4. Provided, that members of the South Kingstown police department, beginning July 1, 1985, and until June 30, 2012, contribute an amount equal to eight percent (8%) of salary or compensation or additional fees are not considered as compensation for retirement purposes. For service on and after July 1, 2012, a member of the South Kingstown police department shall make contributions in accordance with subsection (a) above.
  5. Provided, further, that for service on or prior to June 30, 2012, members of the City of Cranston fire department hired after July 1, 1995, beginning July 1, 1995, contribute an amount equal to ten percent (10%) of their weekly salary; and those members of the City of Cranston fire department with five (5) years or less of service effective July 1, 1995, have the option to either remain in the City of Cranston pension plan to which they belonged prior to the adoption of local ordinance by the Cranston city council as stated in § 45-21.2-22 or contribute to the State of Rhode Island optional twenty (20) year retirement on service allowance an amount equal to ten percent (10%) of their weekly salary commencing July 1, 1995. The City of Cranston may request and the retirement board may authorize additional members of the City of Cranston fire department hired after July 1, 1987, the option to either remain in the City of Cranston pension plan to which they belonged prior to the adoption of local ordinance by the Cranston city council as stated in § 45-21.2-22 or contribute to the State of Rhode Island optional twenty (20) year retirement on service allowance an amount equal to ten percent (10%) of their weekly salary beginning on a date specified by the retirement board. For service on and after July 1, 2012, a member of the City of Cranston fire department shall make contributions in accordance with paragraph (a) above and a member’s benefit shall be calculated in accordance with § 45-21.2-22(b) .
  6. Further, provided, that for service on and prior to June 30, 2012, members of the City of Cranston police department hired after July 1, 1995, beginning July 1, 1995, contribute an amount equal to ten percent (10%) of their weekly salary; and those members of the City of Cranston police department with five (5) years or less of service effective July 1, 1995, have the option to either remain in the City of Cranston pension plan to which they belonged prior to the adoption of local ordinance by the Cranston city council as stated in § 45-21.2-22 or contribute to the State of Rhode Island optional twenty (20) year retirement on service allowance an amount equal to ten percent (10%) of their weekly salary commencing July 1, 1995. The City of Cranston may request and the retirement board may authorize additional members of the City of Cranston police department hired after July 1, 1987, the option to either remain in the City of Cranston pension plan to which they belonged prior to the adoption of local ordinance by the Cranston city council as stated in § 45-21.2-22 or contribute to the State of Rhode Island optional twenty (20) year retirement on service allowance an amount equal to ten percent (10%) of their weekly salary beginning on a date specified by the retirement board. For service on and after July 1, 2012, a member of the City of Cranston police department shall make contributions in accordance with paragraph (a) above and a member’s benefit shall be calculated in accordance with § 45-21.2-22(b) .

History of Section. P.L. 1968, ch. 230, § 1; P.L. 1983, ch. 330, § 1; P.L. 1996, ch. 374, § 1; P.L. 2000, ch. 454, § 2; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12; P.L. 2015, ch. 141, art. 21, § 27.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-15. Tax exemption — Fraudulent claims — Amendment.

The provisions of §§ 45-21-45 , 45-21-46 , and 45-21-47 are expressly made a part of this chapter.

History of Section. P.L. 1968, ch. 230, § 1.

45-21.2-16. Call system credit — North Providence fire department.

Any person who, from January 1, 1960, and thereafter, was a member of the call system of the North Providence fire department, is entitled to credit as service for the various purposes of the retirement system for one year for every three (3) years served as a member of the call system; provided, that the person pays into the retirement system in the manner, at the times and in an amount that the retirement board may prescribe, (1) for purchases requested on or before June 30, 2012, an amount based upon his or her compensation for the last year of each three (3) year period at the time of purchase of the credit and regular interest as defined in chapter 8 of title 36; and (2) for purchases requested on or after July 1, 2012, the full actuarial cost of the time being purchased.

History of Section. P.L. 1979, ch. 32, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-17. Woonsocket police department.

All persons appointed police officers to the Woonsocket police department, after July 1, 1980, are a group under this retirement system. Upon the effective date of participation of the city of Woonsocket in this retirement system any police officer appointed after July 1, 1980, waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, becomes a member of this retirement system, and is not be required to make a contribution under any other pension or retirement system of a participating municipality, anything to the contrary notwithstanding.

History of Section. P.L. 1982, ch. 430, § 1.

45-21.2-17.1. Woonsocket fire department.

All persons appointed fire fighters to the Woonsocket fire department after July 1, 1985, are a group under this retirement system. Upon the effective date of participation of the city of Woonsocket in this retirement system any fire fighter appointed after July 1, 1985, waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, becomes a member of this retirement system and is not required to make a contribution under any other pension or retirement system of a participating municipality, anything to the contrary notwithstanding; provided, that for each fire fighter appointed after July 1, 1985 and prior to July 1, 1989, the city of Woonsocket contributes both the employee’s and the employer’s share of the cost of the service credit, plus interest as determined by the board. The city of Woonsocket may from time to time by notice to the board add any fire fighter appointed to the Woonsocket fire department on or before July 1, 1985 to the group, and the fire fighter becomes a member of the group in the same manner as provided in this section for fire fighters appointed after July 1, 1985 and prior to July 1, 1989.

History of Section. P.L. 1989, ch. 266, § 1; P.L. 1997, ch. 256, § 1.

45-21.2-17.2. Cranston Fire Department.

All persons becoming members under this retirement system by either method stated in § 45-21.2-14(e) waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a municipality if the pension or retirement system was in existence prior to July 1, 1995.

History of Section. P.L. 1996, ch. 374, § 2.

45-21.2-17.3. Cranston Police Department.

All persons becoming members under this retirement system by either method stated in § 45-21.2-14(f) waive and renounce all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a municipality if the pension or retirement system was in existence prior to July 1, 1995.

History of Section. P.L. 1996, ch. 374, § 2.

45-21.2-18. Call system credit — North Kingstown fire department.

Any person who, from January 1, 1950, and thereafter, was a member of the call system of the North Kingstown fire department, is entitled to credit as service for the various purposes of the retirement system for one year for every three (3) years served as a member of the call system; provided, that the person pays into the retirement system in the manner, at the times and in an amount that the retirement board may prescribe, (1) for purchases requested on or before June 30, 2012, an amount based upon his or her compensation for the last year of each three (3) year period at the time of purchase of the credit and regular interest as defined in chapter 8 of title 36; and (2) for purchases requested on or after July 1, 2012, the full actuarial cost of the time being purchased.

History of Section. P.L. 1985, ch. 217, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-19. Volunteer time and call system credit — East Greenwich fire district.

Any person who, from January 1, 1943, and thereafter, was a volunteer member and/or a member of the call system of the East Greenwich fire district, is entitled to credit as service for the various purposes of the retirement system for one year for every three (3) years served as a volunteer and/or call fire fighter of the district; provided, that the person pays into the retirement system in the manner, at the times and in an amount that the retirement board may prescribe, (1) for purchases requested on or before June 30, 2012, an amount based upon his or her compensation, which for the purposes of this section is deemed to be in an amount of not less than three hundred dollars ($300) annually, for the last year of each three (3) year period at the time of purchase of the credit, and regular interest as defined in chapter 8 of title 36; and (2) for purchases requested on or after July 1, 2012, the full actuarial cost of the time being purchased.

History of Section. P.L. 1986, ch. 114, § 1; P.L. 1987, ch. 71, § 1; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-20. Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.

  1. The optional provisions of § 45-21.2-6(b) are applicable only to a member applying for a service retirement allowance, an accidental disability retirement allowance, an ordinary disability retirement allowance or any inactive member applying for retirement under vested rights. The election under option 1 or 2 is made at the time of retirement of the member as part of his or her application for a retirement allowance.
  2. The election is based upon the amount of retirement allowances that may accrue at the date of death of the member, and may be revoked or modified by the member at any time after retirement on a form prescribed by the retirement board; and, provided, further, that, during this time, the named beneficiary has not been divorced from the member.
  3. The option in the case of death of a retired member becomes effective on the day following the death of the member, and payment of benefits are made in accordance with the provisions of this section, subject to the limitations prescribed in § 45-21.2-6 .

History of Section. P.L. 1988, ch. 513, § 2; P.L. 1996, ch. 233, § 3; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-21. Optional annuity protection — Death while employee or inactive member status.

The election under option 1 may be made by the member while in service; provided, that the member has at least ten (10) years of membership service for members terminating on or before June 30, 2012, or at least five (5) years of membership service for members terminating on or after July 1, 2012, and before retirement, on a form prescribed by the retirement board. The election is based upon the amount of retirement allowances or actuarial equivalents that may accrue at the date of death of the member; provided, that the election form is executed and filed with the retirement board prior to the date of death. The election may be revoked or modified by the member at any time prior to the date of retirement, on a form prescribed by the retirement board; provided, that, during this time, the named beneficiary has not been divorced from the member. Upon death of a member making this election, the option selected becomes effective thirty (30) days after the first day of the calendar month following the date of death of the member if death occurs while in an employee status. Should death occur while in an inactive member status, the option selected under this section becomes payable on the first of the month succeeding that in which the designated beneficiary attains the age of sixty (60) years.

History of Section. P.L. 1988, ch. 513, § 2; P.L. 2009, ch. 310, § 50; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-22. Optional twenty year retirement on service allowance.

  1. The local legislative bodies of the cities and towns may, by ordinance adopted, permit the retirement of a member on a service retirement allowance for members eligible to retire on or before June 30, 2012, as follows:
    1. Any member may retire pursuant to this section upon his or her written application to the board stating at what time he or she desires to retire; provided, that the member, at the specified time for his or her retirement, has completed at least twenty (20) years of total service, and, notwithstanding that the member may have separated from service;
    2. Upon retirement from service pursuant to subdivision (1), a member receives a retirement allowance which is a life annuity terminable at the death of the annuitant, and is equal to two and one-half percent (21/2%) of final compensation multiplied by the years of total service, but not to exceed seventy-five percent (75%) of final compensation;
    3. Upon the adoption of a service retirement allowance, pursuant to this subdivision, each member contributes an amount equal to one percent (1%) more than that contribution required under § 45-21.2-14 ;
    4. This section is exempt from the provisions of chapter 13 of this title.
  2. For members retiring on or after July 1, 2012, the member’s retirement allowance shall equal the sum of (i) and (ii) where (i) is the member’s benefit calculated under (a)(1)-(4) above or § 45-21.2-5 for service on and before June 30, 2012 and (ii) is the member’s benefit determined under § 45-21.2-6 for service on and after July 1, 2012. For service on and after July 1, 2012, the provisions of (a)(3) above shall no longer apply.

History of Section. P.L. 1988, ch. 538, § 1; P.L. 2009, ch. 310, § 50; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12; P.L. 2012, ch. 486, § 1.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

NOTES TO DECISIONS

Arbitration.

Superior court properly granted a city’s motion to vacate an arbitration award in a police union’s favor because a valid employment requirement prescribed by state law was not a proper subject for arbitration and the arbitrator exceeded his authority by attempting to enforce a collective bargaining agreement provision allowing a member to retire after 19 years, six months, and one day, in direct contravention of a state law that required 20 years of service. City of Cranston v. Int'l Bhd. of Police Officers, Local 301, 115 A.3d 971, 2015 R.I. LEXIS 68 (2015).

45-21.2-22.1. Burrillville police — Optional twenty-year retirement on service allowance.

  1. Notwithstanding § 45-21.2-22 , the town council of the town of Burrillville, may by ordinance adopted, permit the retirement of a member on a service retirement allowance for members eligible to retire on or before June 30, 2012, as follows:
    1. Any member may retire pursuant to this section upon his or her written application to the board stating at what time he or she desires to retire; provided, that the member, at the specified time of his or her retirement, has completed at least twenty (20) years of total service;
    2. Upon retirement from service, pursuant to subdivision (1), a member receives a retirement allowance that is a life annuity terminable at the death of the annuitant, and is equal to three percent (3%) of final compensation multiplied by the years of total service, but not to exceed sixty percent (60%) of final compensation;
    3. Upon retirement from service where member has in excess of twenty (20) years of service, a member receives a retirement allowance that is a life annuity terminable at the death of the annuitant, and is an amount equal to the sum of three percent (3%) of final compensation multiplied by the first twenty (20) years of service and one and one-half percent (1.5%) of final compensation multiplied by the years of service in excess of twenty (20) years. The annual retirement allowance in no event shall exceed seventy-five percent (75%) of final compensation;
    4. Upon the adoption of a service retirement allowance, pursuant to this section, each member shall contribute an amount equal to ten and two-tenths percent (10.2%) of the salary or compensation earned or accrued to the member;
    5. Notwithstanding anything to the contrary hereinabove, any member who retires with less than twenty (20) years of service shall be subject to § 45-21.2-6 for purposes of determining any service retirement allowance;
    6. This section is exempt from the provisions of chapter 13 of this title;
    7. Except as specifically set forth hereinabove, all other provisions of chapter 21.2 of this title shall be applicable to Burrillville police officers who make application to retire.
  2. For members retiring on or after July 1, 2012, the member’s retirement allowance shall equal the sum of (i) and (ii) where (i) is the member’s benefit calculated under (a)(1) through (a)(7) above for service on and before June 30, 2012, and (ii) is the member’s benefit determined under § 45-21.2-6 for service on and after July 1, 2012. For service on and after July 1, 2012, the provisions of (a)(4) above shall no longer apply.

History of Section. P.L. 2004, ch. 226, § 2; P.L. 2004, ch. 242, § 2; P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12; P.L. 2012, ch. 486, § 1.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical amendments to this section.

45-21.2-23. North Smithfield volunteer fire department.

All persons who are full time members of the North Smithfield volunteer fire department as of July 1, 1990, and thereafter, are considered a group pursuant to this chapter, upon enactment of an ordinance by the town of North Smithfield adopting the provisions of this chapter for this group. Credit for prior service and collection of contributions are pursuant to the provisions of this chapter.

History of Section. P.L. 1990, ch. 304, § 1.

45-21.2-24. Actuarial studies of retirement allowances.

The bargaining agent for all members of any city or town fire department, as provided for in § 28-9.1-5 , may make a request to the retirement board, and is entitled to receive upon that request to the retirement board, an actuarial study as to the potential costs and benefits of any retirement allowances as may be provided for in this chapter; provided, that the bargaining agent pays any and all costs associated with the preparation of the actuarial study or report. Payment for the actuarial study or report shall be remitted by the bargaining agent to the retirement board within ten (10) days of receipt.

History of Section. P.L. 1991, ch. 230, § 1.

45-21.2-25. Severability.

The holding of any section or sections or parts of this chapter to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.

History of Section. P.L. 2011, ch. 408, § 12; P.L. 2011, ch. 409, § 12.

Compiler’s Notes.

P.L. 2011, ch. 408, § 12, and P.L. 2011, ch. 409, § 12 enacted identical versions of this section.

Repealed Sections.

This section ( P.L. 2002, ch. 299, § 1), providing for an optional 20-year retirement service allowance for police in Burrillville, was repealed by P.L. 2004, ch. 226, § 1, and P.L. 2004, ch. 242, § 1, effective July 1, 2004. For present comparable provisions, see § 45-21.2-22.1 .

The former section ( P.L. 2002, ch. 299, § 1), providing for an optional 20-year retirement service allowance for police in Burrillville, was repealed by P.L. 2004, ch. 226, § 1, and P.L. 2004, ch. 242, § 1, effective July 1, 2004. For present comparable provisions, see § 45-21.2-22.1 .

Chapter 21.3 Death of Other Retired Police Officers and Fire Fighters

45-21.3-1. Surviving spouse and surviving dependent children.

Upon the death of any regular and permanent police official, police chief, or police officer, or any regular and permanent fire fighter, fire chief, or fire official who has retired from the service of any city or town which has not accepted chapter 21 or 21.2 of this title, sixty-seven and one-half percent (671/2%) of the benefits paid to the retired police officer or fire fighter shall be paid to his or her dependent spouse, for his or her lifetime until he or she remarries, or if there is no spouse or the spouse remarries, then to his or her dependent children until they attain the age of eighteen (18).

History of Section. P.L. 1975, ch. 81, § 1; P.L. 1976, ch. 185, § 1.

45-21.3-2. Benefits upon death of active police officers or fire fighters who were eligible to retire at time of death.

Upon the death of any regular and permanent police official, police chief, or police officer, or any regular and permanent fire fighter, fire chief, or fire fighting official who, at the time of his or her death, was eligible to retire from the service of any city or town which has not accepted the provisions of chapter 21 or 21.2 of this title, then sixty-seven and one-half percent (671/2%) of the benefits that would have been paid to the retired police officer or fire fighter had he or she retired shall be paid to his or her dependent spouse for his or her lifetime until he or she remarries, or if there is no spouse or the spouse remarries, then to his or her dependent children until they attain eighteen (18) years of age.

History of Section. P.L. 1976, ch. 185, § 2.

Chapter 21.4 Relating to Central Falls Pension Plan

45-21.4-1. Legislative findings.

The general assembly finds and declares the following:

  1. All Rhode Islanders deserve retirement security, including those who have spent their careers serving their communities as first responders and municipal employees; and
  2. The city of Central Falls has shown great resilience in emerging from bankruptcy and thriving economically and culturally against great odds; and
  3. The bankruptcy occurred in part because the pension plan in Central Falls had become severely underfunded, and as a result many first responders and retirees in the city of Central Falls experienced significant hardship in the form of benefit reductions; and
  4. The city of Central Falls, the labor organizations representing its first responders, and the state of Rhode Island are united in their desire to see the city of Central Falls remain on the path of fiscal health, and that the predictability and sustainability of the pension system is vital to maintaining fiscal health for the city of Central Falls and retirement security for its first responders and retirees.
  5. The general assembly adopts this act to facilitate the assistance of the municipal employees’ retirement system of the state of Rhode Island in administering the local Central Falls pension plan.

History of Section. P.L. 2019, ch. 272, § 3; P.L. 2019, ch. 277, § 3.

Compiler’s Notes.

P.L. 2019, ch. 272, § 3, and P.L. 2019, ch. 277, § 3 enacted identical versions of this chapter.

45-21.4-2. Alternative acceptance by the city of Central Falls of optional retirement for police and firefighters.

  1. The provisions of this section shall apply only to locally administered plans within the city of Central Falls hereinafter referred collectively as the “Central Falls plan.”
  2. On or after July 16, 2019, Central Falls may accept the provisions of this chapter, by resolution or an ordinance of its governing body, stating the group or groups of employees to be included as provided in § 45-21-4 ; provided that, any and all labor organizations representing active employees of the municipality to be included have assented to such participation of their respective memberships through a collective bargaining agreement and ratification of the decision by a majority vote of those members of any such labor organization present and voting. A copy of the resolution or ordinance and proof of assent from the applicable labor organization shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups of employees into the system shall be required.
  3. Effective August 31, 2019, the Central Falls plan shall be closed to new members.
  4. Members of the Central Falls plan in active service as of August 31, 2019, shall continue to be subject to the applicable retirement ages and restrictions, and accrue benefits on total service at the rates of the Central Falls plan pursuant to the collective bargaining agreements in effect on August 31, 2019, between Central Falls and the labor organizations representing members of the Central Falls plan.
  5. Disability determinations shall be made by the retirement board, subject to the procedures and standards of §§ 45-21.2-7 and 45-21.2-9 as applicable, for members hired prior to September 1, 2019. If a disability retirement pension is granted, the member shall receive benefits provided by the Central Falls pension plan pursuant to the collective bargaining agreements in effect on August 31, 2019.
  6. Beginning September 1, 2019, members of the Central Falls plan in active service shall contribute an amount equal to eleven and seven-tenths percent (11.7%) of the salary or compensation earned or accruing to the member.
  7. Subject to the provisions of subsection (b) of this section being met, new employees hired on or after September 1, 2019, shall be subject to all of the provisions of § 45-21.2, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52 .
  8. Notwithstanding anything in § 45-21-42.2 to the contrary, the cost to evaluate Central Falls prospective membership in the retirement system pursuant to this section or § 45-21.4-3 , shall be borne by the retirement board.
  9. Notwithstanding anything in § 45-21-43.1 to the contrary, determination of the employer contribution rate of the closed Central Falls pension plan pursuant to this section shall be computed using an amortization period for the unfunded actuarial accrued liability as determined by the board, based upon the recommendation of the plan’s actuary. Future actuarial gains and losses accruing within a plan year will be amortized over individual new twenty-year (20) closed periods consistent with § 45-21-43.1 (c).
  10. Notwithstanding anything in § 45-21-56 to the contrary, if a Central Falls pension plan pursuant to this section is in critical status as defined in § 45-65-4 , and an employee of the Central Falls pension plan leaves employment and is hired by another participating municipality that is not in critical status as defined in § 45-65-4 , then the retirement system shall transfer the amount of the member’s total accrued liability with the Central Falls pension plan, multiplied by the funded status of the Central Falls pension plan, to the account of the current employing municipality.
  11. Upon the conditions of subsection (b) of this section being met, the city of Central Falls shall remain liable to the retirement system for the cost of funding a retirement system for its employees who are members of the system as provided herein, and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
  12. Subject to the provisions of subsection (b) of this section being met, the Central Falls plan and the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; credits for prior service and collection of contributions are determined through reference to that chapter; provided, that where the provisions of that chapter conflict with this chapter, then the provisions of this chapter control. Liability of contributions is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 2019, ch. 272, § 3; P.L. 2019, ch. 277, § 3.

45-21.4-3. Retiree participation in optional requirement plan.

  1. The provisions of this section shall apply only to locally administered plans within the city of Central Falls.
  2. Notwithstanding any provision of this chapter to the contrary, on or before August 31, 2019, Central Falls may accept the provisions of this chapter by an ordinance of its governing body stating the group or groups of retired former employees to be included as provided in § 45-21-4 ; provided that, a majority of retired former employees have consented in writing to joining the system or any duly constituted retiree organization that represents said retired former employees has assented to joining the system. A copy of the ordinance shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups of employees into the system shall be required. For purposes of this section, “retired former employees” means any Central Falls police officer or firefighter who has retired prior to September 1, 2019, pursuant to the provisions of the Central Falls’ retirement plan.
  3. Notwithstanding any other provisions of this section or other applicable law, upon acceptance into the system, all “Central Falls retirees,” as defined in § 45-21-67(a)(2) , and their beneficiaries, and also all other retired former employees and their beneficiaries who are entitled to benefits under the “settlement agreement” that is identified in § 45-21-67(a)(3) , shall retain all of the benefits accrued and calculated to them as provided in accordance with such settlement agreement (and, for clarification, irrespective of and notwithstanding any possible expiration of any “term” in respect to certain provisions of such agreement), including disability and post-retirement benefits, and their entitlement to all payments provided under § 45-21-67 , and none of the foregoing shall be made unavailable or conditioned, nor be diminished or reduced, by virtue of entry into the system. Any retired former employee who is not entitled to benefits under the “settlement agreement” shall retain all of the benefits accrued and calculated in accordance with, and shall be subject to, all of the provisions, limitations, and restrictions contained in the collective bargaining agreement at the time of his or her retirement. Retired former employees, including any “Central Falls retiree,” shall not be entitled to any retirement allowance or benefit from the system otherwise available or calculated pursuant to the provisions of § 45-21.2-6 , 45-21.2-13 , or 45-21.2-20 , 45-21.2-21 , or 45-21.2-22 .
  4. Withdrawal of a plan consisting solely of retired former Central Falls police officers or firefighters, who had joined the retirement system pursuant to this section, shall be as provided in § 45-21-5 .
  5. The cost to evaluate Central Falls’ prospective membership in the retirement system, and costs related to obtaining consent of retirees to join the system pursuant to this section, shall be borne by the retirement board.
  6. Upon the conditions of subsection (b) of this section being met, the city of Central Falls shall remain liable to the retirement system for the cost of funding a retirement system for its employees who are members of the system and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
  7. Subject to the provisions of subsection (b) of this section being met, the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; provided, that where the provisions of that chapter conflict with this chapter, then the provisions of this chapter control. Liability of the municipality is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 2019, ch. 272, § 3; P.L. 2019, ch. 277, § 3.

45-21.4-4. Transfer of assets.

  1. Subject to the provisions of §§ 45-21.4-2(b) and 45-21.4-3(b) being met, on December 31, 2019, the system shall be responsible for administering the Central Falls plan, including the administration of any supplemental payments as provided in § 45-21-67 , and Central Falls shall transfer to the system the accumulated contributions of each member entering the system and any other assets of the Central Falls plan.
  2. Beginning January 1, 2020, all appropriations made pursuant to § 45-21-67 shall be appropriated to the system and disbursed by the system in accordance with § 45-21-67 .

History of Section. P.L. 2019, ch. 272, § 3; P.L. 2019, ch. 277, § 3.

Chapter 21.5 West Warwick Pension Plan

45-21.5-1. Legislative findings.

The general assembly finds and declares the following:

  1. All Rhode Islanders deserve retirement security, including those who have spent their careers serving their communities as first responders, school, and municipal employees;
  2. The town of West Warwick’s pension plans are currently in “critical status” as defined in § 45-65-4 which resulted in the town of West Warwick undergoing pension reform in 2014 and the submission of a funding improvement plan in accordance with § 45-65-6 ;
  3. The town of West Warwick, the West Warwick school department, the labor and other organizations representing its employees, first responders, and retirees, and the state of Rhode Island are united in their desire to see the town of West Warwick remain on the path of fiscal health, and that the predictability and sustainability of the pension system is vital to maintaining fiscal health for the town of West Warwick and retirement security for its employees, first responders and retirees; and
  4. The general assembly adopts this chapter to facilitate the assistance of the municipal employees’ retirement system (MERS) of the state of Rhode Island in administering the local West Warwick pension plans.

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

Compiler's Notes.

P.L. 2021, ch. 226, § 1, and P.L. 2021, ch. 227, § 1 enacted identical versions of this chapter.

45-21.5-2. Alternative acceptance by the town of West Warwick for West Warwick school and municipal employees.

  1. The provisions of this section shall apply only to the locally-administered plan, excluding police and fire within the town of West Warwick, hereinafter referred to as the “West Warwick plan, excluding police and fire.”
  2. No later than August 31, 2021, West Warwick and the West Warwick school committee may accept the provisions of this chapter, by resolution or an ordinance of its governing body, stating the group or groups of employees to be included as provided in § 45-21-4 ; provided that, any and all labor organizations, representing active employees of the municipality and active non-certified school employees to be included, have assented to such participation of their respective memberships by ratification of amendments to the applicable collective bargaining agreement by a majority vote of those members of any such labor organization present and voting; and, provided further that, any applicable final and consent judgments are amended. A copy of the resolutions or ordinance and proof of assent from the applicable labor organization, and/or amendment to any applicable final and consent judgments, shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups into the system provided in this section shall be required.
  3. The West Warwick plan, excluding police and fire, shall be closed to new members on August 31, 2021.
  4. Following acceptance as provided in subsection (b) of this section, members of the West Warwick plan, excluding police and fire, in active service on August 31, 2021, shall continue to be subject to all plan provisions, as set forth in the 2006 pension plan as modified by any collective bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment and/or any individual contractual agreement between any nonunion employee and the town and/or school committee in effect on August 31, 2021 (hereinafter collectively “the 2006 pension plan as modified”). These provisions shall include, but not be limited to, applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements, benefit calculations and any and all provisions related to postemployment benefits, death benefits, cost-of-living adjustments, and rules permitting employment in and pension credit accrual within other municipalities or the state  that are participants in any other retirement plan administered by the state. The intent of this section is that all members of the West Warwick plan, excluding police and fire, shall continue to enjoy all benefits and be subject to the same terms of the pension plan in existence on August 31, 2021, and that the municipal employees’ retirement system shall administer, but not change, the pension plan benefits and terms formerly provided by the town unless expressly provided otherwise in this section.
  5. Disability determinations for new applications received on or after the date assets are transferred pursuant to § 45-21.5-6 shall be made by the retirement board, subject to the procedures and standards of §§ 45-21-19 , 45-21-22 , 45-21-23 , and 45-21-24 , for members in active service on August 31, 2021. If a disability retirement pension, including a partial disability, is granted, the member shall receive benefits provided by the West Warwick pension plan, excluding police and fire, pursuant to the 2006 pension plan as modified in effect on August 31, 2021.
  6. Subject to the provisions of subsection (b) of this section being met, new employees hired on or after September 1, 2021, shall be subject to the provisions of chapter 21 or 21.2 of this title as applicable, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52 .
  7. Members of the West Warwick plan, excluding police and fire, in active service on August 31, 2021, shall have a one-time irrevocable option to become subject to all of the provisions of chapter 21 or 21.2 of this title as applicable, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52 . Such election shall be made on or before September 30, 2021.
  8. Notwithstanding any provisions in § 45-21-42.2 to the contrary, the cost to evaluate West Warwick’s prospective participation in the retirement system pursuant to this section or § 45-21.5-3 , shall be borne by the retirement board.
  9. Notwithstanding any provisions in § 45-21-43.1 to the contrary, determination of the employer contribution rate of the closed West Warwick pension plan, excluding police and fire, pursuant to this section shall be computed using an amortization period for the unfunded actuarial accrued liability as determined by the board, based upon the recommendation of the plan’s actuary. Future actuarial gains and losses accruing within a plan year will be amortized over individual new twenty-year (20) closed periods consistent with § 45-21-43.1 (c).
  10. Notwithstanding any provisions in § 45-21-56 to the contrary, if a West Warwick pension plan, excluding police and fire, pursuant to this section is in critical status as defined in § 45-65-4 , and a member of the West Warwick pension plan, excluding police and fire, leaves employment and is hired by another participating municipality that is not in critical status as defined in § 45-65-4 , then the retirement system shall transfer the amount of the member’s contributions and member’s total accrued liability with the West Warwick pension plan, excluding  police and fire, multiplied by the funded status of the West Warwick pension plan, excluding  police and fire, to the account of the current employing municipality.
  11. Upon the conditions of subsection (b) of this section being met, the town of West Warwick and the West Warwick school committee shall remain liable to the retirement system for the cost of funding a retirement system for its employees who are participants of the system as provided herein, and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
  12. Subject to the provisions of subsection (b) of this section being met, the West Warwick plan, excluding police and fire, and the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; credits for prior service and collection of contributions are determined through reference to that chapter; provided that, where the provisions of that chapter conflict with the provisions of this chapter, then the provisions of this chapter shall control. Liability of contributions is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

45-21.5-3. Retiree participation in retirement plan for school and municipal employees.

  1. The provisions of this section shall apply only to the locally-administered plan, excluding police and fire, within the town of West Warwick.
    1. Notwithstanding any provision of this chapter to the contrary, no later than August 31, 2021, West Warwick and the West Warwick school committee may accept the provisions of this chapter by resolution or an ordinance of its governing body stating the group or groups of retired former employees to be included as provided in § 45-21-4 ; provided that, a majority of retired former employees have consented in writing to joining the system or any duly constituted retiree organization that represents said retired former employees has assented to joining the system; and, provided further that, any applicable final and consent judgments are amended. A copy of the resolutions or ordinance and proof of assent from the applicable retiree organization, and/or amendment to any applicable final and consent judgments, shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups of retirees into the system shall be required.
    2. For purposes of this section, “retired former employees” means any member of the West Warwick pension plan, excluding police and fire, who has retired prior to September 1, 2021.
    1. Notwithstanding any other provisions of this section or other applicable law, upon acceptance into the system, all retired former employees and their beneficiaries shall continue to be subject to all plan provisions, as set forth by the plan, collective bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment, and/or any individual contractual agreement between any nonunion employee and the town and/or school committee in effect upon the retired former employee’s date of retirement. These provisions shall include, but are not limited to: applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements, benefit calculations, and any and all provisions related to postemployment benefits, death benefits, cost-of-living adjustments, and rules permitting employment in and pension credit accrual within other municipalities or the state that are participants in any other retirement plan administered by the state. The intent of this section is that all retired former employees of the West Warwick plan, excluding police and fire, shall continue to enjoy all benefits and be subject to the same terms of the pension plan in existence upon their date of retirement and that the municipal employees’ retirement system shall administer, but not change, the pension plan benefits and terms formerly provided by the town unless expressly provided otherwise in this section.
    2. Retired former employees under this section shall not be entitled to any retirement allowance or benefit from the system otherwise available or calculated pursuant to the provisions of § 45-21-16 , § 45-21-27 , § 45-21-51 , or § 45-21-51 .1 with regard to their West Warwick pension benefit.
  2. The cost to evaluate West Warwick’s prospective membership in the retirement system, and costs related to obtaining consent of retirees to join the system pursuant to this section, shall be borne by the retirement board.
  3. Upon the conditions of subsection (b) of this section being met, the town of West Warwick and the West Warwick school committee shall remain liable to the retirement system for the cost of funding a retirement system for its retired employees who are members of the system as provided herein, and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
  4. Subject to the provisions of subsection (b) of this section being met, the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; provided that, where the provisions of that chapter conflict with the provisions of this chapter, then the provisions of this chapter shall control. Liability of the municipality is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

45-21.5-4. Alternative acceptance by the town of West Warwick of optional retirement for police and firefighters.

  1. The provisions of this section shall apply only to the locally-administered plan for police and fire within the town of West Warwick hereinafter referred to as the “West Warwick plan for police and fire.”
  2. No later than August 31, 2021, West Warwick may accept the provisions of this chapter, by resolution or an ordinance of its governing body, stating the group or groups of public safety employees to be included as provided in § 45-21-4 ; provided that, any and all labor organizations, representing active police and fire of the municipality to be included, have assented to such participation of their respective memberships by ratification of amendments to the applicable collective bargaining agreement by a majority vote of those members of any such labor organization present and voting; and, provided further that, any applicable final and consent judgments are amended. A copy of the resolution or ordinance and proof of assent from the applicable labor organization, and/or amendment to any applicable final and consent judgments, shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups into the system as provided in this section shall be required.
  3. The West Warwick plan for police and fire shall be closed to new members on August 31, 2021.
  4. Following acceptance as provided in subsection (b) of this section, members of the West Warwick plan for police and fire in active service on August 31, 2021, shall continue to be subject to all of the provisions, as set forth in the 2006 pension plan as modified by any collective bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment and/or any individual contractual agreement between any non-union employee and the town in effect on August 31, 2021 (hereinafter collectively “the 2006 pension plan as modified”). These provisions shall include, but not be limited to: applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements, benefit calculations, and any and all provisions related to post-employment benefits, death benefits, cost-of-living adjustments, and rules permitting employment in and pension credit accrual within other municipalities or the state  that are participants in any other retirement plan administered by the state. The intent of this section is that all members of the West Warwick plan for police and fire shall continue to enjoy all benefits and be subject to the same terms of the pension plan in existence on August 31, 2021, and that the municipal employees’ retirement system shall administer, but not change, the pension benefits and terms formerly provided by the town unless expressly provided otherwise in this section.
  5. Disability determinations shall be made by the retirement board, subject to the procedures and standards of §§ 45-21.2-7 (except for the eligible service requirements) and 45-21.2-9 as applicable, for members hired prior to September 1, 2021. If a disability retirement pension is granted, the member shall receive benefits provided by the West Warwick pension plan pursuant to the 2006 pension plan as modified in effect on August 31, 2021. If the retirement board denies the application for an accidental disability pension, the member may submit an appeal to the Rhode Island workers’ compensation court pursuant to § 45-21.2-9 (f) through (j).
  6. Subject to the provisions of subsection (b) of this section being met, new employees hired on or after September 1, 2021, shall be subject to all of the provisions of chapter 21.2 of this title as applicable, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52 .
  7. Members of the West Warwick plan for police and fire in active service as of August 31, 2021, and civilian employees of the West Warwick Fire Department as of August 31, 2021, who are part of the firefighters’ bargaining unit but are members of the West Warwick plan excluding police and fire, shall have a one-time irrevocable option to become subject to the provisions of chapter 21 or 21.2 of this title as applicable, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52 . Such election shall be made on or before September 30, 2021.
  8. Notwithstanding any provision in § 45-21-42.2 to the contrary, the cost to evaluate West Warwick prospective participation in the retirement system pursuant to this section or § 45-21.5-3 , shall be borne by the retirement board.
  9. Notwithstanding any provision in § 45-21-43.1 to the contrary, determination of the employer contribution rate of the closed West Warwick pension plan for police and fire pursuant to this section shall be computed using an amortization period for the unfunded actuarial accrued liability as determined by the board, based upon the recommendation of the plan’s actuary. Future actuarial gains and losses accruing within a plan year will be amortized over individual new twenty (20) year closed periods consistent with § 45-21-43.1 (c).
  10. Notwithstanding any provision in § 45-21-56 to the contrary, if a West Warwick pension plan for police and fire pursuant to this section is in critical status as defined in § 45-65-4 , and a member of the West Warwick pension plan for police and fire leaves employment and is hired by another participating municipality that is not in critical status as defined in § 45-65-4 , then the retirement system shall transfer the amount of the member’s contributions and member’s total accrued liability with the West Warwick pension plan for police and fire, multiplied by the funded status of the West Warwick pension plan for police and fire, to the account of the current employing municipality.
  11. Upon the conditions of subsection (b) of this section being met, the town of West Warwick shall remain liable to the retirement system for the cost of funding a retirement system for its employees who are members of the system as provided herein, and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
  12. Subject to the provisions of subsection (b) of this section being met, the West Warwick plan for police and fire and the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; credits for prior service and collection of contributions are determined through reference to that chapter; provided that, where the provisions of that chapter conflict with the provisions of this chapter, then the provisions of this chapter shall control. Liability of contributions is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

45-21.5-5. Retiree participation in optional retirement plan for police and fire.

  1. The provisions of this section shall apply only to the locally-administered plan for police and fire within the town of West Warwick.
    1. Notwithstanding any provision of this chapter to the contrary, no later than August 31, 2021, West Warwick may accept the provisions of this chapter by resolution or an ordinance of its governing body stating the group or groups of retired former employees to be included as provided in § 45-21-4 ; provided that, a majority of retired former employees have consented in writing to joining the system or any duly constituted retiree organization that represents said retired former employees has assented to joining the system; and, provided further that, any applicable final and consent judgments are amended. A copy of the resolution or ordinance and proof of assent from the applicable retiree organization, and/or amendment to any final and consent judgments, shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups of retirees into the system shall be required.
    2. For purposes of this section, “retired former employees” means any member of the West Warwick plan for police and fire who has retired prior to September 1, 2021.
    1. Notwithstanding any other provisions of this section or other applicable law, upon acceptance into the system, all retired former employees and their beneficiaries shall continue to be subject to all plan provisions, as set forth by the plan, collective bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment and/or any individual contractual agreement between any nonunion employee and the town in effect upon the retired former employee’s date of retirement. These provisions shall include, but are not limited to: applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements, benefit calculations and any and all provisions related to postemployment benefits, death benefits, cost-of-living adjustments, and rules permitting employment in and pension credit accrual within other municipalities or the state  that are participants in any other retirement plan administered by the state. The intent of this section is that all retired former employees of the West Warwick plan, including police and fire, shall continue to enjoy all benefits and be subject to the same terms of the pension plan in existence upon  their date of retirement and that the municipal employees’ retirement system shall administer, but not change, the pension plan benefits and terms formerly provided by the town unless expressly provided otherwise in this section.
    2. Retired former employees under this section shall not be entitled to any retirement allowance or benefit from the system otherwise available or calculated pursuant to the provisions of  § 45-21.2-6 , § 45-21.2-13 , § 45-21.2-20 , § 45-21.2-21 , or § 45-21.2-22 with regard to  their West Warwick pension benefit.
  2. The cost to evaluate West Warwick’s prospective membership in the retirement system, and costs related to obtaining consent of retirees to join the system pursuant to this section, shall be borne by the retirement board.
  3. Upon the conditions of subsection (b) of this section being met, the town of West Warwick shall remain liable to the retirement system for the cost of funding a retirement system for its retired public safety employees who are members of the system as provided herein, and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
  4. Subject to the provisions of subsection (b) of this section being met, the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; provided that, where the provisions of that chapter conflict with the provisions of this chapter, then the provisions of this chapter shall control. Liability of the municipality is enforced in the same manner as stated in chapter 21 of this title.

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

45-21.5-6. Transfer of assets.

Subject to the provisions of §§ 45-21.5-2(b) and 45-21.5-3(b) being met, no later than July 1, 2022, the system shall be responsible for administering the West Warwick plans and West Warwick shall transfer to the system the accumulated contributions of each member entering the system, the assets related to the actuarial accrued liability of those transferred employees and any other assets of the West Warwick plans.

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

45-21.5-7. Funding improvement period.

Subject to the provisions of §§ 45-21.5-2(b) , 45-21.5-3(b) , 45-21.5-4(b) , and 45-21.5-5(b) being met, the funding improvement plan submitted by the town of West Warwick on March 29, 2014, shall have a funding improvement period of twenty (20) years for purposes of § 36-10.2-8 .

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

45-21.5-8. Withdrawal from the municipal employees’ retirement system.

Withdrawal of any West Warwick plan that has joined the municipal employee retirement system pursuant to this chapter shall be as provided in § 45-21-5 and subject to §§ 45-21-6 and 45-21-7 . Any such withdrawal shall not relieve West Warwick from the liabilities arising from its membership as set forth in § 45-21-5 , § 45-21-6 , or § 45-21-7 .

History of Section. P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective July 8, 2021.

Chapter 22 Local Planning Board or Commission

45-22-1. Establishment of a planning board or commission — Home rule charter exempt.

All cities and towns shall, by ordinance, establish a planning board or commission under the provisions of this chapter. Any city or town operating under a home rule charter which provides for the establishment of a planning board or commission may continue under the provisions of that charter, except that the provisions of § 45-22-7 , governing the formulation and adoption of a comprehensive plan and the duties of a planning board or commission, apply to all cities and towns.

History of Section. P.L. 1972, ch. 204, § 2.

Cross References.

State development council, powers and duties, §§ 42-26-6 42-26-12 .

Comparative Legislation.

Planning board or commission:

Conn. Gen. Stat. §§ 8-18 — 8-30a.

Mass. Ann. Laws ch. 41, §§ 70-72.

Collateral References.

Constitutionality of city or town planning statutes or ordinances. 12 A.L.R. 679.

45-22-2. Appointing authority.

In cities and towns having an elected mayor or administrator, members of the planning board or commission are appointed by the mayor or administrator with the consent of the city or town council and, in other towns, members are appointed by the town council. Cities and towns operating under a home rule charter may continue the appointment of members in the manner established under that charter.

History of Section. P.L. 1972, ch. 204, § 2.

45-22-3. Membership — Continuation of present membership.

  1. A planning board or commission consists of no less than five (5) members, and appointments are made for terms of a length that the terms of no more than one third (1/3) of the members of the board or commission expire each year. Any vacancy occurring in the membership of a planning board or commission shall be filled by the appointing authority for the remainder of the unexpired term. Any member of a planning board or commission may be removed from office by the appointing authority for due cause, following a public hearing.
  2. Vacancies to the planning board or commission occurring after May 4, 1972, shall be filled in the manner prescribed in this section, except as provided in § 45-22-1 in cities or towns operating under a home rule charter.
  3. The Hopkinton town council has the right to appoint two (2) alternate members to the Hopkinton planning board and the Exeter town council may appoint two (2) alternate members to the Exeter planning board and the Richmond town council has the right to appoint two (2) alternate members to the Richmond planning board and the Barrington town council has the right to appoint two (2) alternate members to the Barrington planning board.
  4. The mayor of Johnston shall have the right to appoint two (2) alternate members to the Johnston planning board.

History of Section. P.L. 1972, ch. 204, § 2; P.L. 1991, ch. 373, § 1; P.L. 1999, ch. 354, § 48; P.L. 2001, ch. 7, § 1; P.L. 2001, ch. 46, § 1; P.L. 2002, ch. 79, § 1; P.L. 2017, ch. 1, § 1; P.L. 2017, ch. 2, § 1; P.L. 2019, ch. 157, § 1; P.L. 2019, ch. 164, § 1.

Compiler’s Notes.

P.L. 2017, ch. 1, § 1, and P.L. 2017, ch. 2, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 157, § 1, and P.L. 2019, ch. 164, § 1 enacted identical amendments to this section.

45-22-4. Compensation.

The appointing authority may provide and set standards for compensation for members of a planning board or commission within the limitation of funds appropriated for that purpose, and may, within those limits, provide for reimbursement of any expenses incurred by members in the performance of their duties.

History of Section. P.L. 1972, ch. 204, § 2.

45-22-5. Organization, technical assistance, and cooperative agreements.

  1. A planning board or commission shall organize annually by electing from its membership a chairperson, a vice chairperson, and a secretary. The board or commission may adopt any procedural rules deemed necessary to the discharge of its duties.
  2. A planning board or commission may, subject to the approval of the appointing authority and within the limit of funds appropriated to it, enter into cooperative agreements with other city or town, state, regional, or federal agencies or private organizations to undertake studies deemed to be in the best interest of the locality, including cooperative agreements with cities or towns in neighboring states where problems of common interest are deemed to exist. The board or commission may be authorized to accept technical and financial assistance from other public agencies or private organizations, subject to the approval of the appointing authority.
  3. Within the limit of the funds appropriated to it, a planning board or commission may engage technical or clerical assistance to aid in the discharge of its duties. Where a city or town provides for the establishment of a planning department, responsible to the chief administrative officer or city or town council, the department may, in addition to its other duties, be assigned to provide technical assistance to the planning board or commission and to make studies and prepare plans and reports for the board or commission as provided in § 45-22-7 .

History of Section. P.L. 1972, ch. 204, § 2.

45-22-6. Repealed.

Repealed Sections.

This section (P.L. 1972, ch. 204, § 2; P.L. 1986, ch. 256, § 2), concerning formulation and adoption of comprehensive plans, was repealed by P.L. 1988, ch. 601, § 3, effective July 1, 1990.

45-22-7. Powers and duties of a planning board or commission.

  1. A planning board or commission shall have the sole responsibility for performing all those acts necessary to prepare a comprehensive plan for a municipality in accordance with the provisions of chapter 22.2 of title 45.
  2. Pursuant to § 45-23-51 , a planning board or commission shall be empowered by the city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing land-development and subdivision projects within that municipality and to control land-development and subdivision projects pursuant to those regulations and rules. The planning board or commission shall also provide for the administration, interpretation, and enforcement of land-development and subdivision review regulations, pursuant to § 45-23-52 .
  3. When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and the city or town land development and subdivision review regulations pursuant to § 45-23-50.1 , a planning board or commission shall have the power to review and approve, approve with conditions, or deny requests for variances and special-use permits submitted as part of land-development and subdivision applications.
  4. A planning board or commission established under the provisions of this chapter shall make studies and prepare plans and reports on the needs and resources of the community with reference to its physical, economic, and social growth and development as affecting the health, safety, morals, and general welfare of the people. The studies, plans, and reports shall concern, but not necessarily be limited to, the following:
    1. Land use and land-use regulation;
    2. Transportation facilities;
    3. Public facilities, including recreation areas, utilities, schools, fire stations, police stations, and others;
    4. Blighted areas, including the designation of general areas for redevelopment, renewal, rehabilitation, or conservation;
    5. Problems of housing and the development of housing programs;
    6. Environmental protection;
    7. Natural resource conservation;
    8. Protection from disaster;
    9. Economic and social characteristics of the population;
    10. Preservation of historic sites and buildings; and
    11. Economic development.
  5. When directed by the city or town council or by the appointing authority, a planning board or commission shall prepare an annual capital budget and a comprehensive, long-range capital-improvement program for submission to the council, the appointing authority, or other designated official or agency.
  6. A planning board or commission shall submit an advisory opinion and recommendation on all zoning matters referred to it by the zoning board of review under the provisions of the city or town zoning ordinance and report on any other matter referred to it, by the city or town council, the chief executive, or the appointing authority.
  7. A planning board or commission shall perform any other duties that may be assigned to the board or commission, from time to time, by any act of the general assembly or by any ordinance, code, regulation order, or resolution of the city or town council or by the appointing authority.
  8. A planning board or commission has authority to call upon other departments, boards, and committees of the city or town and upon regional, state, and federal agencies for information and assistance necessary to the performance of its duties, and shall cooperate with the city or town, regional, state, and federal agencies on matters of community, regional, and state planning and development.
  9. Each planning board or commission must adopt a provision requiring any person who will be required to file a request for access pursuant to § 24-8-34 to file that request not later than the day on which that person files any document in connection with the project in question with the applicable town or city, and to provide a copy of the request to the town or city.
  10. Each member of a planning board or commission shall participate in training and education classes concerning the effects of development in a flood plain and the effects of sea-level rise once every two (2) years. Each member shall complete two (2) hours of training in order to be certified for the two (2) years required by this subsection. Upon completion of the training, the planning board or commission member shall file with the municipal clerk a statement asserting that the training course has been completed.

History of Section. P.L. 1972, ch. 204, § 2; P.L. 1999, ch. 478, § 2; P.L. 2016, ch. 527, § 1; P.L. 2017, ch. 403, § 1; P.L. 2017, ch. 438, § 1.

Compiler’s Notes.

P.L. 2017, ch. 403, § 1, and P.L. 2017, ch. 438, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Planning Board.

The Development Review Act permits a town to operate under its home rule charter with respect to establishing a planning board or commission, subject to the duties described in this section. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

Preemption.

The Development Review Act is an act of general application that would supersede an inconsistent home rule charter provision directing a town council to act as a planning board or commission. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

Zoning Matters.

This section, which governs the planning board’s function with respect to zoning matters, does not require that proposals to amend zoning ordinances be submitted to the board for its recommendation, but merely that the board must make recommendations when such proposals are submitted. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

45-22-8. Reports.

A planning board or commission shall report annually to its appointing authority, summarizing its work of the preceding year and recommending programs, plans, and actions for future development. All studies, plans, and reports of the planning board or commission shall be submitted to the appointing authority and to any other designated agency or official, and shall, with the approval of the appointing authority, be published and made available to the public.

History of Section. P.L. 1972, ch. 204, § 2; P.L. 1985, ch. 181, art. 61, § 25.

45-22-9. Effect of chapter.

All local planning boards and commissions affected by the provisions of this chapter shall be reconstituted in accordance with the provisions of this chapter, except as provided in § 45-22-3 , with regard to the existing membership of any city or town planning board or commission.

History of Section. P.L. 1972, ch. 204, § 2; P.L. 1999, ch. 354, § 48.

Chapter 22.1 Joint Municipal Planning Commissions

45-22.1-1. Declaration of policy.

For the purpose of promoting health, safety, morals, and the general welfare of the various areas in the state of Rhode Island through the effective development of these areas, the following powers for the establishment of joint municipal planning commissions are hereby granted.

History of Section. P.L. 1963, ch. 206, § 1.

Comparative Legislation.

Joint municipal planning commissions:

Conn. Gen. Stat. §§ 8-31a — 8-37b.

Mass. Ann. Laws ch. 40B, § 1 et seq.

45-22.1-2. Creation, appointment, and operation of joint municipal planning commission.

The governing bodies of two (2) or more municipalities may, by ordinance or resolution, authorize the establishment and participation or membership in, and support of, a joint municipal planning commission. The number and qualifications of the members of the planning commission and their terms and method of appointment or removal shall be determined and agreed upon by the governing bodies. Members of a joint municipal planning commission shall serve without salary but may be paid expenses incurred in the performance of their duties. The joint municipal planning commission shall elect a chairperson whose term does not exceed one year and who is eligible for reelection. The commission may create and fill any other offices that it may determine. Every joint municipal planning commission shall adopt rules for the transaction of business and keep a record of its resolutions, transactions, findings, and determinations, which record is a public record. Each participating or member municipality may, from time to time, upon the request of the joint municipal planning commission, assign or detail to the commission any employees of the municipality to make special surveys or studies.

History of Section. P.L. 1963, ch. 206, § 1; P.L. 2001, ch. 301, § 1.

45-22.1-3. Finances, staff, and planning programs.

  1. The governing bodies of municipalities have the authority to appropriate funds for the purpose of contributing to the operation of a joint municipal planning commission. A joint municipal planning commission, with the consent of all the governing bodies, may also receive grants from the federal or state governments, or from individuals or foundations, and has the authority to contract with these entities. Every joint municipal planning commission has the power to appoint any employees and staff that it deems necessary for its work, and may contract with planners and other consultants for the services it may require to the extent permitted by its financial resources. A joint municipal planning commission may also prepare and sell maps, reports, bulletins, or other material and establish reasonable charges for these materials.
  2. A joint municipal planning commission may provide planning assistance and do planning work, including surveys, land use studies, urban renewal plans, technical services, and other elements of comprehensive planning and planning effectuation programs in and for any participating or member municipality, and for this purpose may, with the consent of all the governing bodies, accept and utilize any funds, personnel, or other assistance made available by the federal or state governments or any of their agencies, or from individuals or foundations, and for the purposes of receiving and using federal or state planning grants for the provision of urban planning assistance, may enter into agreements or contracts regarding acceptance or utilization of the funds or assistance.

History of Section. P.L. 1963, ch. 206, § 1.

45-22.1-4. Preparation of comprehensive plan.

  1. Every joint municipal planning commission may prepare and maintain a comprehensive plan, in accordance with the provisions of this chapter, for the guidance of the continuing development of the area encompassed by the participating or member municipalities.
  2. These plans and recommendations may be concerned with existing and proposed highways, public places, bridges and tunnels, viaducts, parks, parkways, recreation areas, sites for public buildings and structures, land use areas, building and zoning districts, waterways, routes of railroads and buses, location of sewers, water supplies and conduits, and other public utilities of the area.
  3. The plans and recommendations are advisory and not mandatory for the communities.

History of Section. P.L. 1963, ch. 206, § 1.

45-22.1-5. Cooperation with joint municipal planning commission — Municipalities and others.

Every joint municipal planning commission shall encourage the cooperation of the participating municipalities in matters which concern the integrity of the comprehensive plan or maps prepared by the commission, and, as an aid toward coordination, all municipalities and public officials shall, upon request, furnish to the joint municipal planning commission within a reasonable time the available maps, plans, reports, statistical, or other information the commission may require for its work.

History of Section. P.L. 1963, ch. 206, § 1.

45-22.1-6. Interstate participation.

Wherever a joint municipal planning commission has been or is being established to serve the Rhode Island portion of an area, which for planning purposes constitutes a logical planning area and extends beyond the boundaries of the state, the commission may admit to membership counties or municipalities that are part of the same area but located in other states. Municipalities may participate through membership and financial support in joint municipal planning commissions that have been or are being established in other states when the municipalities are part of the same region served by the out-of-state joint municipal planning commission.

History of Section. P.L. 1963, ch. 206, § 1.

Chapter 22.2 Rhode Island Comprehensive Planning and Land Use Act

45-22.2-1. Title.

This chapter shall be known as the “Rhode Island Comprehensive Planning and Land Use Regulation Act”.

History of Section. P.L. 1988, ch. 601, § 1.

45-22.2-2. Status of comprehensive plans; relation to other statutes.

  1. All lawfully adopted comprehensive plans shall remain in full force and effect but shall be brought into conformance with this chapter prior to July 1, 2017.
  2. Nothing contained in this chapter is construed to supersede or diminish any regulatory or planning authority granted or delegated to a state agency by state or federal statute.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1; P.L. 2016, ch. 84, § 1; P.L. 2016, ch. 90, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 84, § 1, and P.L. 2016, ch. 90, § 1 enacted identical amendments to this section.

45-22.2-3. Legislative findings and intent — Statement of goals.

  1. Findings.  The general assembly recognizes these findings, each with equal priority and numbered for reference only, as representing the need for effective planning, declares that:
    1. Comprehensive planning by municipal government is necessary to form a rational basis for the long-term physical development of a municipality and to avoid conflicting requirements and reactive land use regulations and decisions.
    2. Municipal government is responsible for land use, and requires accurate technical information and financial resources to plan for orderly growth and development, and the protection and management of our land and natural resources.
    3. Land, water, and air are finite natural resources.  Comprehensive planning is needed to provide for protection, development, use, and management of our land and natural resources.
    4. Comprehensive planning and its implementation are needed to promote the appropriate use of land. The lack of comprehensive planning and its implementation could lead to the misuse, underuse, and overuse of our land and natural resources.
    5. Comprehensive planning is needed to provide for the coordination of growth and the intensity of development with provisions for services and facilities.
    6. Comprehensive planning is needed to provide a basis for municipal and state initiatives to ensure all citizens have access to a range of housing choices, including the availability of affordable housing for all income levels and age groups.
    7. Comprehensive planning is needed to recognize and address potentially conflicting land uses as well as shared resources in contiguous municipalities and encourage cooperative planning efforts by municipalities.
    8. Comprehensive planning is needed to provide a basis for improved coordination so that local plans reflect issues of local, regional, and statewide concern. Municipalities must have a role in the formulation of state goals and policies.
    9. Improved coordination is necessary between state and municipal governments to promote uniform standards and review procedures as well as consistency in land use regulations.
  2. Intent.  The general assembly declares it is the intent of this chapter to:
    1. Establish, in each municipality, a program of comprehensive planning that is implemented according to the standards and schedule contained in this chapter; comprehensive plans shall be maintained and amended as necessary in order to achieve the goals established within this section.
    2. Provide financial assistance for the formulation and implementation of the comprehensive plan.
    3. Provide financial assistance to establish and maintain a uniform data and technical information base to be used by state and municipal governments and their agencies.
    4. Establish standards and a uniform procedure for the review and approval of municipal comprehensive plans and state guide plans and their consistency with overall state goals, objectives, standards, applicable performance measures, and policies.
    5. Establish and maintain a procedure for coordinating planning at state and municipal levels including addressing potentially conflicting land uses as well as shared resources in contiguous municipalities and encouraging cooperative planning efforts by municipalities.
  3. Goals.  The general assembly hereby establishes a series of goals to provide overall direction and consistency for state and municipal agencies in the comprehensive planning process established by this chapter. The goals have equal priority and are numbered for reference only.
    1. To promote orderly growth and development that recognizes the natural characteristics of the land, its suitability for use, the availability of existing and proposed public and/or private services and facilities, and is consistent with available resources and the need to protect public health, including drinking water supply, drinking water safety, and environmental quality.
    2. To promote an economic climate which increases quality job opportunities and overall economic well being of each municipality and the state.
    3. To promote the production and rehabilitation of year-round housing and to preserve government subsidized housing for persons and families of low and moderate income in a manner that: considers local, regional, and statewide needs; housing that achieves a balance of housing choices, for all income levels and age groups; recognizes the affordability of housing as the responsibility of each municipality and the state; takes into account growth management and the need to phase and pace development in areas of rapid growth; and facilitates economic growth in the state.
    4. To promote the protection of the natural, historic and cultural resources of each municipality and the state.
    5. To promote the preservation of the open space and recreational resources of each municipality and the state.
    6. To provide for the use of performance-based standards for development and to encourage the use of innovative development regulations and techniques that promote the development of land suitable for development while protecting our natural, cultural, historical, and recreational resources, and achieving a balanced pattern of land uses.
    7. To promote consistency of state actions and programs with municipal comprehensive plans, and provide for review procedures to ensure that state goals and policies are reflected in municipal comprehensive plans and state guide plans.
    8. To ensure that adequate and uniform data are available to municipal and state government as the basis for comprehensive planning and land use regulation.
    9. To ensure that municipal land use regulations and decisions are consistent with the comprehensive plan of the municipality, and to ensure state land use regulations and decisions are consistent with state guide plans.
    10. To encourage the involvement of all citizens in the formulation, review, and adoption, or amendment of the comprehensive plan.
    11. [Deleted by P.L. 2011, ch. 215, § 1, and by P.L. 2011, ch. 313, § 1].

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1990, ch. 431, § 2; P.L. 2004, ch. 286, § 7; P.L. 2004, ch. 324, § 7; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

Law Reviews.

Jillian M. Nobis, Comment: To Apply or Not to Apply? That is the Question of Intergovernmental Zoning, 23 Roger Williams U. L. Rev. 580 (2018).

45-22.2-4. Definitions.

As used in this chapter the following words have the meanings stated herein:

  1. “Agricultural land” means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes.
  2. “Capacity” or “land capacity” means the suitability of the land, as defined by geology, soil conditions, topography, and water resources, to support its development for uses such as residential, commercial, industrial, open space, or recreation. Land capacity may be modified by provision of facilities and services.
  3. “Capital improvements program” means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.
  4. “Chief” means the highest-ranking administrative officer of the division of planning as established by § 42-11-10(g) .
  5. “Coastal features” means any coastal beach, barrier island or spit, coastal wetland, coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by the coastal resources management program, and as may be amended.
  6. “Comprehensive plan” or “comprehensive land use plan” means a document containing the components described in this chapter, including the implementation program which is consistent with the goals and guidelines established by this chapter.
  7. “Days” means calendar days.
  8. “Division of planning” means the office established as a division of the department of administration by § 42-11-10(g) .
  9. “Floodplains” or “flood hazard area” means an area that is subject to a flood from a storm having a one percent (1%) chance of being equaled or exceeded in any given year, as delineated on a community’s flood hazard map as approved by the federal emergency management agency pursuant to the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448), 42 U.S.C. § 4011 et seq.
  10. “Forecast” means a description of the conditions, quantities, or values anticipated to occur at a designated future time.
  11. “Goals” means those goals stated in § 45-22.2-3 .
  12. “Historic or cultural resource” means any real property, structure, natural object, place, landmark, landscape, archaeological site or configuration or any portion or group of the preceding which has been listed on the federal or state register of historic places or that is considered by the Rhode Island Historical Preservation & Heritage Commission to meet the eligibility criteria for listing on the state register of historic places pursuant to § 42-45-5 or is located in a historic district established by a municipality in accordance with chapter 24.1 of this title, Historic Area Zoning.
  13. “Land” means real property including improvements and fixtures on, above, or below the surface.
  14. “Land use regulation” means a rule or statute of general application adopted by the municipal legislative body which controls, directs, or delineates allowable uses of land and the standards for these uses.
  15. “Local government” means any governmental agency authorized by this chapter to exercise the power granted by this chapter.
  16. “Maintain” means to evaluate regularly and revise as needed or required in order to ensure that a comprehensive plan remains consistent with the goals and guidelines established by this chapter.
  17. “Municipal legislative body” means the town council in a town or the city council in a city; or that part of a municipal government that exercises legislative powers under a statute or charter.
  18. “Municipal reviewing authority” means the municipal planning board or commission.
  19. “Open space” means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring the open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.
  20. “Planning board” or “commission” means the body established by a municipality under chapter 22 of this title or combination of municipalities which has the responsibility to prepare a comprehensive plan and make recommendations concerning that plan to the municipal legislative body.
  21. “State guide plan” means goals, policies, and plans or plan elements for the physical, economic, and social development of the state, adopted by the state planning council in accordance with § 42-11-10 .
  22. “State or regional agency” means, for the purposes of this chapter, any state agency, department, public authority, public corporation, organization, commission, or other governing body with regulatory or other authority affecting the goals established either in this chapter or the state guide plan. Pursuant to § 45-22.2-2 , the definition of state and regional agency shall not be construed to supersede or diminish any regulatory authority granted by state or federal statute.
  23. “State agency program or project” State agency program means any non-regulatory, coordinated group of activities implemented for the purpose of achieving a specific goal or objective. State agency project means a specific initiative or development on an identifiable parcel(s) of land.
  24. “Voluntary association of local governments” means two (2) or more municipalities that have joined together pursuant to a written agreement and pursuant to the authority granted under this chapter for the purpose of drafting a comprehensive land use plan and implementation program.
  25. “Wetland” a marsh, swamp, bog, pond, river, river or stream flood plain or bank; an area subject to flooding or storm flowage; an emergent or submergent plant community in any body of fresh water; or an area within fifty feet (50´) of the edge of a bog, marsh, swamp, or pond, as defined in § 2-1-20 ; or any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh, and as further defined by the RI coastal resources management program, as may be amended.
  26. “Zoning” means the reservation of certain specified areas within a community or city for building and structures, or use of land, for certain purposes with other limitations as height, lot coverage, and other stipulated requirements.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1990, ch. 431, § 2; P.L. 1994, ch. 92, § 4; P.L. 2002, ch. 407, § 1; P.L. 2004, ch. 286, § 7; P.L. 2004, ch. 324, § 7; P.L. 2009, ch. 310, § 51; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

Federal Act References.

The bracketed references to the United States Code in subdivision (22) were inserted by the compiler.

45-22.2-5. Formulation of comprehensive plans by cities and towns.

  1. The comprehensive plan is a statement (in text, maps, illustrations, or other media of communication) that is designed to provide a basis for rational decision making regarding the long-term physical development of the municipality. The definition of goals and policies relative to the distribution of future land uses, both public and private, forms the basis for land use decisions to guide the overall physical, economic, and social development of the municipality.
  2. There is established a program of local comprehensive planning to address the findings and intent and accomplish the goals of this chapter. Rhode Island’s cities and towns, through the exercise of their power and responsibility pursuant to the general laws, applicable articles of the Rhode Island Constitution, and subject to the express limitations and requirements of this chapter, shall prepare, adopt, amend, and maintain comprehensive plans, including implementation programs, that relate development to land capacity, protect our natural resources, promote a balance of housing choices, encourage economic development, preserve and protect our open space, recreational, historic and cultural resources, provide for orderly provision of facilities and services and are consistent with the goals, findings, intent, and other provisions of this chapter and the laws of the state.
  3. Each municipality shall ensure that its zoning ordinance and map are consistent with its comprehensive plan.
  4. Each municipality shall submit to the chief, as provided for in §§ 45-22.2-9 and 45-22.2-12 and the rules promulgated by the state planning council:
    1. Its locally adopted comprehensive plan;
    2. Any amendment to its comprehensive plan;
    3. An informational report on the status of its implementation programs; and
    4. Its zoning ordinance text and generalized zoning map or maps.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1991, ch. 112, § 1; P.L. 1991, ch. 307, § 6; P.L. 1999, ch. 354, § 49; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Failure to Conform Zoning Ordinances to Comprehensive Plan.

When a developer’s proposal allegedly complied with a city’s zoning ordinances but did not comply with the city’s comprehensive plan, the developer was not entitled to approval of the developer’s plan due to the city’s alleged failure to bring the city’s zoning ordinances into compliance with the city’s comprehensive plan within 18 months after the plan was approved because the 18-month requirement was directory, rather than mandatory, as, inter alia, no sanction for non-compliance with the requirement was prescribed. West v. McDonald, 18 A.3d 526, 2011 R.I. LEXIS 53 (2011).

45-22.2-6. Required content of a comprehensive plan.

  1. The comprehensive plan must utilize a minimum twenty (20) year planning timeframe in considering forecasts, goals, and policies.
  2. The comprehensive plan must be internally consistent in its policies, forecasts, and standards, and shall include the content described within this section. The content described in subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate by the municipality. The content described in subdivisions (11) and (12) must be included as individual sections of the plan.
    1. Goals and policies.  The plan must identify the goals and policies of the municipality for its future growth and development and for the conservation of its natural and cultural resources. The goals and policies of the plan shall be consistent with the goals and intent of this chapter and embody the goals and policies of the state guide plan.
    2. Maps.  The plan must contain maps illustrating the following as appropriate to the municipality:
      1. Existing conditions:
        1. Land use, including the range of residential housing densities;
        2. Zoning;
        3. Key infrastructure such as, but not limited to, roads, public water, and sewer;
        4. Service areas for public water and sewer;
        5. Historical and cultural resource areas and sites;
        6. Open space and conservation areas (public and private); and
        7. Natural resources such as, but not limited to, surface water, wetlands, floodplains, soils, and agricultural land;
      2. Future land use illustrating the desired patterns of development, density, and conservation as defined by the comprehensive plan; and
      3. Identification of discrepancies between future land uses and existing zoning use categories.
    3. Natural resource identification and conservation.  The plan must be based on an inventory of significant natural resource areas such as, but not limited to, water, soils, prime agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan must include goals, policies, and implementation techniques for the protection and management of these areas.
    4. Open space and outdoor recreation identification and protection.  The plan must be based on an inventory of outdoor recreational resources, open space areas, and recorded access to these resources and areas. The plan must contain an analysis of forecasted needs, policies for the management and protection of these resources and areas, and identification of areas for potential expansion. The plan must include goals, policies, and implementation techniques for the protection and management of existing resources and acquisition of additional resources if appropriate.
    5. Historical and cultural resources identification and protection.  The plan must be based on an inventory of significant historical and cultural resources such as historical buildings, sites, landmarks, and scenic views. The plan must include goals, policies, and implementation techniques for the protection of these resources.
    6. Housing.  The plan must include the identification of existing housing patterns, an analysis of existing and forecasted housing needs, and identification of areas suitable for future housing development or rehabilitation. The plan shall include an affordable housing program that meets the requirements of § 42-128-8.1 , the “Comprehensive Housing Production and Rehabilitation Act of 2004” and chapter 53 of this title, the “Rhode Island Low and Moderate Income Housing Act.” The plan must include goals and policies that further the goal of  § 45-22.2-3(c)(3) and implementation techniques that identify specific programs to promote the preservation, production, and rehabilitation of housing.
    7. Economic development.  The plan must include the identification of existing types and patterns of economic activities including, but not limited to, business, commercial, industrial, agricultural, and tourism. The plan must also identify areas suitable for future economic expansion or revitalization. The plan must include goals, policies, and implementation techniques reflecting local, regional, and statewide concerns for the expansion and stabilization of the economic base and the promotion of quality employment opportunities and job growth.
    8. Services and facilities.  The plan must be based on an inventory of existing physical infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries, indoor recreation facilities, and community centers. The plan must describe services provided to the community such as, but not limited to, water supply and the management of wastewater, storm water, and solid waste. The plan must consider energy production and consumption. The plan must analyze the needs for future types and levels of services and facilities, including, in accordance with § 46-15.3-5.1 , water supply system management planning, which includes demand management goals as well as plans for water conservation and efficient use of water concerning any water supplier providing service in the municipality, and contain goals, policies, and implementation techniques for meeting future demands.
    9. Circulation/Transportation.  The plan must be based on an inventory and analysis of existing and proposed major circulation systems, including transit and bikeways; street patterns; and any other modes of transportation, including pedestrian, in coordination with the land use element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient, and convenient transportation that promotes conservation and environmental stewardship must be identified.
    10. Natural hazards.  The plan must include an identification of areas that could be vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards. Goals, policies, and implementation techniques must be identified that would help to avoid or minimize the effects that natural hazards pose to lives, infrastructure, and property.
    11. Land use.  In conjunction with the future land use map as required in subsection (b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed general distribution and general location and interrelationships of land uses including, but not limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and other categories of public and private uses of land. The land use component shall be based upon the required plan content as stated in this section. It shall relate the proposed standards of population density and building intensity to the capacity of the land and available or planned facilities and services. The land use component must contain an analysis of the inconsistency of existing zoning districts, if any, with planned future land use. The land use component shall specify the process and schedule by which the zoning ordinance and zoning map shall be amended to conform to the comprehensive plan and shall be included as part of the implementation program.
    12. Implementation program.
      1. A statement which defines and schedules the specific public actions to be undertaken in order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled expansion or replacement of public facilities, and the anticipated costs and revenue sources proposed to meet those costs reflected in a municipality’s capital improvement program, must be included in the implementation program.
      2. The implementation program identifies the public actions necessary to implement the objectives and standards of each component of the comprehensive plan that require the adoption or amendment of codes and ordinances by the governing body of the municipality.
      3. The implementation program identifies other public authorities or agencies owning water supply facilities or providing water supply services to the municipality, and coordinates the goals and objectives of the comprehensive plan with the actions of public authorities or agencies with regard to the protection of watersheds as provided in § 46-15.3-1 et seq.
      4. The implementation program must detail the timing and schedule of municipal actions required to amend the zoning ordinance and map to conform to the comprehensive plan.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1989, ch. 519, § 1; P.L. 1990, ch. 431, § 2; P.L. 2004, ch. 286, § 7; P.L. 2004, ch. 324, § 7; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

Cross References.

Water supply systems management plans, § 46-15.3-5.1 .

NOTES TO DECISIONS

Services and Facilities.
— Jurisdiction.

The granting of authority to municipal governments in the zoning or planning and land use statutes fails to rise to the level of an express statement that municipalities have been granted the power to regulate the tidal waters to which the state holds title. Town of Warren v. Thornton-Whitehouse, 740 A.2d 1255, 1999 R.I. LEXIS 196 (1999).

— Public Utilities.

A town council’s approval of amendments regarding electromagnetic fields to its comprehensive plan invaded the field of public utilities regulation which the legislature has expressly preempted from town and city intrusion under § 39-1-30 . The amendments affected the manner of operation or the placement of equipment of a public utility and amounted to more than an innocuous general policy statement. Town of E. Greenwich v. Narragansett Elec. Co., 651 A.2d 725, 1994 R.I. LEXIS 298 (1994).

45-22.2-7. Coordination of municipal planning activities.

  1. A municipality shall exercise its planning authority over the total land and inland water area within its jurisdiction.
  2. Any combination of contiguous municipalities may, upon formal adoption of an official comprehensive planning and enforcement agreement by the municipal legislative bodies, conduct joint planning and regulatory programs to fulfill the responsibilities established under this chapter. The municipalities shall agree:
    1. On procedures for joint action in the preparation and adoption of comprehensive plans and land use regulations;
    2. On the manner of representation on any joint land use body;
    3. On the amount of contribution from each municipality for any costs incurred in the development of the plan and land use ordinances; and
    4. On the zoning designation for those areas in contiguous municipalities which border upon each other. The zoning designations for these border areas must be consistent and compatible with the adjacent area in the neighboring community.
  3. All agreements between municipalities shall be in writing, approved in appropriate official action by the municipal legislative bodies, and forwarded to the director. All joint plans adopted by contiguous municipalities must be submitted to the director for approval.
  4. All municipalities shall provide for coordinating land uses with contiguous municipalities, other municipalities, and other agencies, as appropriate, including the management of resources and facilities that extend beyond municipal boundaries as rivers, aquifers, transportation facilities, and others. The comprehensive plan shall demonstrate consistency with the comprehensive plans of contiguous municipalities and other municipalities as appropriate.

History of Section. P.L. 1988, ch. 601, § 1.

45-22.2-8. Preparation, adoption, and amendments of comprehensive plans.

  1. The preparation of a comprehensive plan shall be conducted according to the following provisions in addition to any other provision that may be required by law:
    1. In addition to the duties established by chapter 45-22, local planning board or commission, to the extent that those provisions do not conflict with the requirements of this chapter, a planning board or commission has the sole responsibility for performing all those acts necessary to prepare a comprehensive plan for a municipality.
    2. Municipalities which choose to conduct joint planning and regulatory programs pursuant to this section shall designate and establish a local planning committee which has responsibility for the comprehensive planning program.
    3. The conduct of the planning board, commission, or the local planning committee shall include:
      1. Preparation of the comprehensive plan, including the implementation program component.
      2. Citizen participation through the dissemination of information to the public and solicitation of both written and oral comments during the preparation of the plan.
      3. Conducting a minimum of one public hearing.
      4. Submission of recommendations to the municipal legislative body regarding the adoption of the plan or amendment.
    4. The municipality may enter into a formal written agreement with the chief to conduct a review of a draft plan or amendment in order to provide comments prior to the public hearing by the planning board, commission, or committee.
  2. The adoption or amendment of a comprehensive plan shall be conducted according to the following provisions in addition to any other provision that may be required by law:
    1. Prior to the adoption or amendment of a comprehensive plan, the city or town council shall first conduct a minimum of one public hearing.
    2. A comprehensive plan is adopted, for the purpose of conforming municipal land use decisions and for the purpose of being transmitted to the chief for state review, when it has been incorporated by reference into the municipal code of ordinances by the legislative body of the municipality. All ordinances dealing with the adoption of or amendment to a municipal comprehensive plan shall contain language stating that the comprehensive plan ordinance or amendment shall not become effective for the purposes of guiding state agency actions until it is approved by the State of Rhode Island pursuant to the methods stated in this chapter, or pursuant to any rules and regulations adopted pursuant to this chapter. The comprehensive plan of a municipality shall not take effect for purposes of guiding state agency actions until approved by the chief or the Rhode Island superior court.
    3. A municipality may not amend its comprehensive plan more than four (4) times in any one calendar year. Amendments that are required to address the findings of the chief, changes to the state guide plan, or changes to this act shall not be included under this provision.
  3. The intent of this section is to provide for the dissemination and discussion of proposals and alternatives to the proposed comprehensive plan by means of either individual or joint legislative and planning commission hearings which disseminate information to the public and which seek both written and oral comments from the public. Public hearing requirements for either joint hearings or for individual hearings of the planning board or commission and for the municipal legislative body shall include the following:
    1. Prior to the adoption of, or amendment to, a comprehensive plan, notice shall be given of the public hearing by publication of notice in a newspaper of general circulation within the city or town at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard. Written notice, which may be a copy of the newspaper notice, shall be mailed to the statewide planning program of the department of administration. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
      1. Specify the place of the hearing and the date and time of its commencement;
      2. Indicate that adoption of, or amendment to, the comprehensive plan is under consideration;
      3. Contain a statement of the proposed amendments to the comprehensive plan that may be printed once in its entirety, or summarize and describe the matter under consideration; the plan need not be published in its entirety;
      4. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
      5. State that the plan or amendment may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1992, ch. 385, § 3; P.L. 1995, ch. 247, § 1; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

45-22.2-9. State review of local comprehensive plans.

  1. There is established a program of comprehensive planning review to promote the preparation and implementation of local comprehensive plans, and to provide technical and financial assistance to accomplish this purpose. The program also ensures that all local comprehensive plans are consistent with the goals, findings, and intent as established by this chapter and the state guide plan.
  2. The chief is designated as the reviewing agent, and is responsible for carrying out the provisions of this chapter and ensuring that the findings, intent, and goals of this chapter are achieved. The chief shall publish guidelines for the preparation of comprehensive plan content required by § 45-22.2-6 .
  3. The chief shall review any comprehensive plan or amendments adopted under the provisions of this chapter for consistency with the goals and intent established in the chapter and in the state guide plan, and in accordance with the following schedule:
    1. Comprehensive plans or amendments shall be submitted to the chief within thirty (30) days of adoption by the municipal legislative body, pursuant to  § 45-22.2-8(b)(2) .
    2. Within fifteen (15) days of the receipt of a comprehensive plan the chief shall solicit comments from the public, regional and state agencies, and all municipalities contiguous to the municipality submitting the plan or amendment. The comment period shall extend for thirty (30) days and shall be posted on the division of planning website.
    3. Review of the plan or amendment, and comments by the chief shall be completed and forwarded to the municipality as follows:
      1. Within one hundred twenty (120) days of the end of the comment period for new plans or amendments that have not been submitted under the provisions of § 45-22.2-8(a)(4) ; or
      2. Within thirty (30) days of the end of the comment period for new plans or amended plans previously submitted for review under § 45-22.2-8(a)(4) .
      3. The chief is authorized to discuss and negotiate, with the municipality, concerning any aspect of a plan or amendment being reviewed under subdivision (3)(i) or (3)(ii) of this subsection.
      4. The chief and the municipality submitting a plan amendment may mutually agree, in writing, to reduce or extend the review period established by this section.
    4. Municipalities shall correct any deficiencies reported by the chief within sixty (60) days of the receipt of the chief’s review and comments provided that the chief and the municipality submitting a plan or amendment may mutually agree, in writing, to reduce or extend this period.
    5. The chief shall review all corrections and related material submitted by the municipality and render a final decision on the plan. In the event of disapproval, the chief shall notify the municipality by registered mail and shall issue findings specifically describing the deficiencies in the plan or amendment as it relates to the goals and other provisions of this chapter.
    6. The municipality may appeal the decision of the chief to a hearing officer as provided for under § 45-22.2-9.1 . The appeal must be filed within thirty (30) days of receipt of the decision by the chief.
  4. Comprehensive plans and amendments shall be reviewed by the chief to ensure that the following requirements are complied with:
    1. The intent and goals of this chapter have been met.
    2. All required content as stated in § 45-22.2-6 is complete.
    3. The plan or amendment is consistent with, and embodies the goals and policies of, the state and its departments and agencies as contained in the state guide plan and the laws of the state.
    4. Municipal planning activities have been coordinated according to the provisions of § 45-22.2-7 .
    5. The plan or amendment has been officially adopted and submitted for review in accordance with § 45-22.2-8 of this chapter and other applicable procedures.
    6. The plan or amendment complies with rules and regulations adopted by the state planning council as provided for by § 45-22.2-10(c) .
    7. Adequate, uniform, and valid data have been used in preparing each plan or amendment.
  5. State approval of a plan and any amendment thereto shall expire upon the tenth (10th) anniversary of the chief’s or superior court’s approval and shall not be extended.
  6. After an amendment to this chapter or to the state guide plan, all municipalities shall, within one year, amend their comprehensive plan to conform with the amended chapter or the amended state guide plan. Failure to do so may result in the rescission, in whole or in part, of state approval. The chief shall notify the municipality in writing of a rescission.
  7. Disapproval of an amendment to a state approved plan shall apply to the amendment only and not affect the validity of a previously existing plan approval.
  8. Upon approval by the chief or superior court, the municipality is eligible for all benefits and incentives conditioned on an approved comprehensive plan pursuant to this chapter, and the municipality is allowed to submit the approved comprehensive plan or relevant section thereof to any state agency which requires the submission of a plan as part of its requirements, and the plan or relevant section thereof shall satisfy that requirement.
  9. Those portions of a comprehensive plan for which state approval was rescinded under subsection (f) of this section and those amendments to a state approved plan for which state approval was not received under subsection (g) of this section, shall not be subject to the provisions of subsection (h) of this section.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1992, ch. 385, § 3; P.L. 2004, ch. 286, § 7; P.L. 2004, ch. 324, § 7; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

Law Reviews.

Jillian M. Nobis, Comment: To Apply or Not to Apply? That is the Question of Intergovernmental Zoning, 23 Roger Williams U. L. Rev. 580 (2018).

45-22.2-9.1. Appeals.

  1. A decision of the chief involving the disapproval of a comprehensive plan or amendment thereto, or rescission in whole or in part, of a plan approval may be appealed by the municipality under the provisions of chapter 35 of title 42, the Administrative Procedures Act, to a hearing officer designated by the director of the department of administration.
  2. The decision of the hearing officer shall be in writing and shall include findings of fact and conclusions of law as required in § 42-35-12 . The chief may, in his or her discretion, adopt, modify, or reject such findings of fact and/or conclusions of law provided; however, that any such modification or rejection of the proposed findings of fact or conclusions of law shall be in writing and shall state the reason therefor. The hearing officer shall not revise the comprehensive plan or amendment thereto, but may suggest alternative language as part of his or her decision.
  3. A municipality, having exhausted all administrative remedies available within the agency, and who is aggrieved by a final administrative decision is entitled to judicial review under the provisions of § 42-35-15 , the Administrative Procedures Act.

History of Section. P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical versions of this section.

45-22.2-10. Coordination of state agencies.

  1. State agencies shall develop their respective programs and conduct their respective activities in a manner consistent with the findings, intent, and goals established under this chapter.
  2. The chief shall develop standards to assist municipalities in the incorporation of the state goals and policies into comprehensive plans, and to guide the chief’s review of comprehensive plans and state agency activities.
  3. The state planning council shall adopt and maintain all rules and regulations necessary to implement the standards established by this chapter.
  4. The chief shall develop and make readily available to all municipalities statewide data and technical information for use in the preparation of comprehensive plans. Data specific to each municipality shall be provided by that municipality. The chief shall make maximum use of existing information available from other agencies.
  5. The chief may contract with any person, firm, or corporation to develop the necessary planning information and coordinate with other state agencies as necessary to provide support and technical assistance for local planning efforts.
  6. The chief shall notify appropriate state agencies of the approval of a comprehensive plan or amendment to a comprehensive plan.
  7. Once a municipality’s comprehensive plan is approved, programs and projects of state agencies, excluding the state guide plan as provided for by § 42-11-10 , shall conform to that plan. In the event that a state agency wishes to undertake a program, project, or to develop a facility which is not in conformance with the comprehensive plan, the state planning council shall hold a public hearing on the proposal at which the state agency must demonstrate:
    1. That the program, project, or facility conforms to the stated goals, findings, and intent of this chapter; and
    2. That the program, project, or facility is needed to promote or protect the health, safety, and welfare of the people of Rhode Island; and
    3. That the program, project, or facility is in conformance with the relevant sections of the state guide plan; and
    4. That the program implementation, project, or size, scope, and design of the facility will vary as little as possible from the comprehensive plan of the municipality.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1992, ch. 385, § 3; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

Law Reviews.

Jillian M. Nobis, Comment: To Apply or Not to Apply? That is the Question of Intergovernmental Zoning, 23 Roger Williams U. L. Rev. 580 (2018).

NOTES TO DECISIONS

Compliance With Comprehensive Plan.

Where there is a conflict between the state’s proposed development and local land-use and zoning regulations, the state agency must first bring the project or development before the State Planning Council to pass on the issue of compliance with the municipality’s comprehensive plan. If the parties remain in disagreement, an aggrieved party may file suit in the superior court, which must apply Blackstone Park’s balancing of interests test to resolve the matter. Town of Exeter v. State, 226 A.3d 696, 2020 R.I. LEXIS 27 (2020).

45-22.2-11. State technical and financial assistance.

  1. There is established a program of technical and financial assistance for municipalities to encourage and facilitate the adoption and implementation of comprehensive planning throughout the state. The program is administered by the chief.
  2. The chief shall develop and administer a grants program to provide financial assistance to municipalities for the preparation of comprehensive plans pursuant to this chapter.
  3. Grants may be expended for any purpose directly related to the preparation of a municipal comprehensive plan including, without limitation, the conduct of surveys, inventories, and other data-gathering activities, the hiring of planning and other technical staff, the retention of planning consultants, contracts for planning, and related services, and other related purposes, in order to provide sufficient economies of scale and to build planning capacity at the municipal level.
  4. The chief shall establish a program of technical assistance to the various municipalities, utilizing its own staff and resources to assist municipalities in the development of a comprehensive plan. It is also a function of the chief to establish a statewide data base for the use of the municipalities. The chief also validates data established by the municipalities in the formulation of their comprehensive plans.
  5. All departments and agencies of the state, to the extent practicable, shall provide technical assistance to municipalities in the development of a comprehensive plan at the request of a municipality.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1999, ch. 354, § 49; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

Collateral References.

Propriety of using census data as basis for governmental regulations or activities- state cases. 56 A.L.R.5th 171.

45-22.2-12. Maintaining and re-adopting the plan.

  1. A municipality must maintain a single version of the comprehensive plan including all amendments, appendices, and supplements. One or more complete copies of the comprehensive plan including, all amendments, shall be made available for review by the public. Availability shall include print, digital formats, and placement on the internet.
  2. A municipality shall periodically review and amend its plan in a timely manner to account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its entire comprehensive plan, including supplemental plans, such as, but not limited to, special area plans, that may be incorporated by reference, at least once every ten (10) years from the date of municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts, goals, and policies must be utilized for an update.
  3. A newly adopted plan shall supersede all previous versions.
  4. A municipality shall file an informational report on the status of the comprehensive plan implementation program with the chief not more than five (5) years from the date of municipal approval.

History of Section. P.L. 1988, ch. 601, § 1; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

45-22.2-13. Compliance and implementation.

  1. The municipality is responsible for the administration and enforcement of the plan.
  2. All municipal land use decisions shall be in conformance with the locally adopted municipal comprehensive plan.
  3. Each municipality shall amend its zoning ordinance and map to conform to the comprehensive plan in accordance with the implementation program as required by § 45-22.2-6(b)(11) and § 45-22.2-6(b)(12)(iv) . The zoning ordinance and map in effect at the time of plan adoption shall remain in force until amended. In instances where the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance in effect at the time of the comprehensive plan adoption shall direct municipal land use decisions until such time as the zoning ordinance is amended to achieve consistency with the comprehensive plan and its implementation schedule. In instances of uncertainty in the internal construction or application of any section of the zoning ordinance or map, the ordinance or map shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable content of the adopted comprehensive plan.
  4. Limitations on land use approvals may be imposed according to the following provisions in addition to any other provision that may be required by law.
    1. Nothing in the chapter shall be deemed to preclude municipalities from imposing limitations on the number of building permits or other land use approvals to be issued at any time, provided such limitations are consistent with the municipality’s comprehensive plan in accordance with this chapter and are based on a reasonable, rational assessment of the municipality’s sustainable capacity for growth.
    2. In the event of a dire emergency not reasonably foreseeable as part of the comprehensive planning process, a municipality may impose a limitation on the number of building permits or other land use approvals to be issued at any time, provided that such limitation is reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to alleviate the emergency.
  5. A one-time moratorium, for the purpose of providing interim protection for a planned future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption of the local comprehensive plan provided that a change to the zoning ordinance and map has been identified and scheduled for implementation within twelve (12) months of plan adoption. The moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use, development, or subdivisions under the following provisions:
    1. The moratorium is restricted to those areas identified on the map or maps as required by § 45-22.2-6(b)(2)(iii) .
    2. A notice of the moratorium must be provided by first class mail to property owners affected by said moratorium at least fourteen (14) days in advance of the public hearing.
    3. The ordinance shall specify:
      1. The purpose of the moratorium;
      2. The date it shall take effect and the date it shall end;
      3. The area covered by the moratorium; and
      4. The regulations, restrictions, or prohibitions established by the moratorium.
    4. The moratorium may be extended up to an additional ninety (90) days if necessary to complete a zoning ordinance and map change provided that: (i) The public hearing as required by § 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of good cause. Said extension shall not be deemed as non-conformance to the implementation schedule.
  6. A moratorium enacted under the provisions of subsection (e) shall not apply to state agencies until such time that the municipal comprehensive plan receives approval from the chief or superior court.
  7. In the event a municipality fails to amend its zoning ordinance and map to conform to the comprehensive plan within the implementation schedule, or by the expiration of the moratorium period, a municipality must amend either their implementation schedule or, if the future land use is no longer desirable or feasible, amend the future land use map.
    1. Failure to comply with this provision within one hundred twenty (120) days of the date of the implementation schedule or the expiration of the moratorium period shall result in the denial or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits and incentives conditioned on state approval.
    2. An implementation schedule amended under this provision shall not be eligible for an additional moratorium as provided for in subsection (e).

History of Section. P.L. 1988, ch. 601, § 1; P.L. 1995, ch. 247, § 1; P.L. 2001, ch. 179, § 1; P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.

Compiler’s Notes.

P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1 enacted identical amendments to this section.

45-22.2-14. Severability.

If any provision of this chapter or of any rule, regulation or determination made under it, or the application to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected by the invalidity. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1988, ch. 601, § 1.

Chapter 22.3 State Comprehensive Plan Appeals Board

45-22.3-1. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-1 concerned the title.

45-22.3-2. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; P.L. 2006, ch. 18, § 1; P.L. 2006, ch. 53, § 1; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-2 concerned the state comprehensive plan appeals board.

45-22.3-3. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; P.L. 2001, ch. 180, § 143; P.L. 2006, ch. 18, § 1; P.L. 2006, ch. 53, § 1; P.L. 2009, ch. 310, § 52; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-3 concerned membership.

45-22.3-4. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; P.L. 1991, ch. 307, § 3; P.L. 2001, ch. 180, § 143; P.L. 2006, ch. 18, § 1; P.L. 2006, ch. 53, § 1; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-4 concerned term.

45-22.3-5. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-5 concerned appeal.

45-22.3-6. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-6 concerned decisions of the board.

45-22.3-7. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-7 concerned procedure for rules and order.

45-22.3-8. Repealed.

History of Section. P.L. 1988, ch. 601, § 2; Repealed by P.L. 2011, ch. 215, § 2, effective July 1 2011; P.L. 2011, ch. 313, § 2, effective July 12, 2011.

Compiler’s Notes.

Former § 45-22.3-8 concerned severability.

Chapter 22.4 Rhode Island Development Impact Fee Act

45-22.4-1. Title.

Chapter 22.4 of this title shall be known as the “Rhode Island Development Impact Fee Act”.

History of Section. P.L. 2000, ch. 508, § 1.

45-22.4-2. Legislative findings and intent.

  1. Whereas, the general assembly finds that an equitable program is needed for the planning and financing of public facilities to serve new growth and development in the cities and towns in order to protect the public health, safety and general welfare of the citizens of this state.
  2. Whereas, it is therefore the public policy of the state and in the public interest that cities and towns are authorized to assess, impose, levy and collect fees defined herein as impact fees for all new development within their jurisdictional limits.
  3. Whereas, it is the intent of the general assembly by enactment of this act to:
    1. Ensure that adequate public facilities are available to serve new growth and development;
    2. Ensure that new growth and development does not place an undue financial burden upon existing taxpayers;
    3. Promote orderly growth and development by establishing uniform standards for local governments to require that those who benefit from new growth and development pay a proportionate fair share of the cost of new and/or upgraded public facilities needed to serve that new growth and development;
    4. Establish standards for the adoption of development impact fee ordinances by governmental entities;
    5. Empower governmental entities which are authorized to adopt ordinances to impose development impact fees.

History of Section. P.L. 2000, ch. 508, § 1.

45-22.4-3. Definitions.

As used in this chapter, the following words have the meanings stated in this section:

  1. “Capital improvements” means improvements with a useful life of ten (10) years or more, which increases or improves the service capacity of a public facility;
  2. “Capital improvement program” means that component of a municipal budget that sets out the need for public facility capital improvements, the costs of the improvements, and proposed funding sources. A capital improvement program must cover at least a five (5) year period and should be reviewed at least every five (5) years;
  3. “Developer” means a person or legal entity undertaking development;
  4. “Governmental entity” means a unit of local government;
  5. “Impact fee” means the charge imposed upon new development by a governmental entity to fund all or a portion of the public facility’s capital improvements affected by the new development from which it is collected;
  6. “Proportionate share” means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the project; and
  7. “Public facilities” means:
    1. Water supply production, treatment, storage, and distribution facilities;
    2. Wastewater and solid waste collection, treatment, and disposal facilities;
    3. Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;
    4. Storm water collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;
    5. Parks, open space areas, and recreation facilities;
    6. Police, emergency medical, rescue, and fire protection facilities;
    7. Public schools and libraries; and
    8. Other public facilities consistent with a community’s capital improvement program.

History of Section. P.L. 2000, ch. 508, § 1.

45-22.4-4. Calculation of impact fees.

  1. The governmental entity considering the adoption of impact fees shall conduct a needs assessment for the type of public facility or public facilities for which impact fees are to be levied. The needs assessment shall identify levels of service standards, projected public facilities capital improvements needs, and distinguish existing needs and deficiencies from future needs. The findings of this document shall be adopted by the local governmental entity. In order for a municipality to continue assessing and collecting impact fees, a needs assessment shall be conducted every five (5) years.
  2. The data sources and methodology upon which needs assessments and impact fees are based shall be made available to the public upon request.
  3. The amount of each impact fee imposed shall be based upon actual cost of public facility expansion or improvements, or reasonable estimates of the cost, to be incurred by the governmental entity as a result of new development, as set forth in the needs assessment. The calculation of each impact fee shall be in accordance with generally accepted accounting principles.
  4. An impact fee shall meet the following requirements:
    1. The amount of the fee must be reasonably related to or reasonably attributable to the development’s share of the cost of infrastructure improvements made necessary by the development; and
    2. The impact fees imposed must not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in accommodating the development. The following factors shall be considered in determining a proportionate share of public facilities capital improvement costs:
      1. The need for public facilities’ capital improvements required to serve new development, based on a capital improvements program that shows deficiencies in capital facilities serving existing development, and the means, other than impact fees, by which any existing deficiencies will be eliminated within a reasonable period of time, and that shows additional demands anticipated to be placed on specified capital facilities by new development; and
      2. The extent to which new development is required to contribute to the cost of system improvements in the future.

History of Section. P.L. 2000, ch. 508, § 1; P.L. 2017, ch. 49, § 1; P.L. 2017, ch. 57, § 1.

Compiler’s Notes.

P.L. 2017, ch. 49, § 1, and P.L. 2017, ch 57, § 1 enacted identical amendments to this section.

45-22.4-5. Collection and expenditure of impact fees.

  1. The collection and expenditure of impact fees must be reasonably related to the benefits accruing to the development paying the fees. The ordinance shall consider the following requirements:
    1. Upon collection, impact fees must be deposited in a special proprietary fund, which shall be invested with all interest accruing to the trust fund;
    2. Within eight (8) years of the date of collection, impact fees shall be expended or encumbered for the construction of public facilities’ capital improvements of reasonable benefit to the development paying the fees and that are consistent with the capital improvement program;
    3. Where the expenditure or encumbrance of fees is not feasible within eight (8) years, the governmental entity may retain impact fees for a longer period of time if there are compelling reasons for the longer period. The governing body shall identify, in writing, the compelling reasons for retaining impact fees for a longer period of time over eight (8) years. In no case shall impact fees be retained longer than ten (10) years.
  2. All impact fees imposed pursuant to the authority granted in this chapter shall be assessed upon the issuance of a building permit or other appropriate permission to proceed with development and shall be collected only upon the issuance of the certificate of occupancy or other final action authorizing the intended use of a structure.
  3. A governmental entity may recoup costs of excess capacity in existing capital facilities, where the excess capacity has been provided in anticipation of the needs of new development, by requiring impact fees for that portion of the facilities constructed for future users. The need to recoup costs for excess capacity must have been documented by a preconstruction assessment that demonstrated the need for the excess capacity. Nothing contained in this chapter shall prevent a municipality from continuing to assess an impact fee that recoups costs for excess capacity in an existing facility without the preconstruction assessment so long as the impact fee was enacted at least ninety (90) days prior to July 22, 2000, and is in compliance with this chapter in all other respects pursuant to § 45-22.4-7 . The fees imposed to recoup the costs to provide the excess capacity must be based on the governmental entity’s actual cost of acquiring, constructing, or upgrading the facility and must be no more than a proportionate share of the costs to provide the excess capacity. That portion of an impact fee deemed recoupment is exempted from provisions of subsection (a)(2) of this section.
  4. Governmental entities may accept the dedication of land or the construction of public facilities in lieu of payment of impact fees provided that:
    1. The need for the dedication or construction is clearly documented in the community’s capital improvement program or comprehensive plan;
    2. The land proposed for dedication or the facilities to be constructed are determined to be appropriate for the proposed use by the local governmental entity;
    3. Formulas and/or procedures for determining the worth of proposed dedications or constructions are established.
  5. Exemptions:
    1. Impact fees shall not be imposed for remodeling, rehabilitation, or other improvements to an existing structure, or rebuilding a damaged structure, unless there is an increase in the number of dwelling units or any other measurable unit for which an impact fee is collected. Impact fees may be imposed when property that is owned or controlled by federal or state government is converted to private ownership or control.
    2. Nothing in this chapter shall prevent a municipality from granting any exemption(s) that it deems appropriate.

History of Section. P.L. 2000, ch. 508, § 1; P.L. 2007, ch. 305, § 1; P.L. 2007, ch. 447, § 1; P.L. 2009, ch. 310, § 53; P.L. 2017, ch. 49, § 1; P.L. 2017, ch. 57, § 1; P.L. 2018, ch. 346, § 32.

Compiler’s Notes.

P.L. 2017, ch. 49, § 1, and P.L. 2017, ch. 57, § 1 enacted identical amendments to this section.

45-22.4-6. Refund of impact fees.

  1. If impact fees are not expended or encumbered within the period established in § 45-22.4-5 , the governmental entity shall refund to the fee payer or his or her successors the amount of the fee paid and accrued interest. The governmental entity shall send the refund to the fee payer at the last known address by certified mail within one year of the date on which the right to claim refund arises. Should the mailing of the fee be returned, the municipality shall make every effort to obtain a new address for the fee payer, including a search of the public records, the secretary of state’s database, and the database for the contractors’ registration and licensing board. All refunds due and not claimed within one year shall be forwarded to the state treasurer’s office for inclusion in the unclaimed property fund.
  2. When a governmental entity seeks to terminate any or all impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided above. Upon the finding that any or all fee requirements are to be terminated, the governmental entity shall place a notice of termination and availability of refunds in a newspaper of general circulation in the community at least two (2) times. All funds available for refund shall be retained for a period of one year. All refunds not claimed within one year shall be forwarded to the state treasurer’s office for inclusion in the unclaimed property fund.

History of Section. P.L. 2000, ch. 508, § 1; P.L. 2017, ch. 49, § 1; P.L. 2017, ch. 57, § 1.

Compiler’s Notes.

P.L. 2017, ch. 49, § 1, and P.L. 2017, ch. 57, § 1 enacted identical amendments to this section.

45-22.4-7. Compliance.

No later than two (2) years after July 22, 2000, governmental entities shall conform all impact fee ordinances existing on July 22, 2000 to the provisions of this chapter.

History of Section. P.L. 2000, ch. 508, § 1; P.L. 2009, ch. 310, § 53.

45-22.4-8. Adoption of impact fees.

Impact fees shall be adopted by ordinance and the adoption of an impact fee ordinance or amendment to that ordinance shall be by affirmative vote of not less than a majority of the total membership of the governing body in attendance at the meeting, in the manner prescribed by law.

History of Section. P.L. 2000, ch. 508, § 1.

NOTES TO DECISIONS

Requirements.

Corporations contesting development impact fees imposed by a fire district were entitled to summary judgment because (1) this section required that such fees be adopted with the formalities required to enact an ordinance, but (2) the fees were imposed pursuant to a resolution that was adopted without such formalities, as the district did not show the proposed resolution was advertised by publication before it was enacted, pursuant to Town of East Greenwich Town Charter, R.I., art. IX, § C-70. 5750 Post Rd. Med. Offices, LLC v. E. Greenwich Fire Dist., 138 A.3d 163, 2016 R.I. LEXIS 57 (2016).

45-22.4-9. Severability.

If any portion of this chapter or any rule, regulation, or determination made under this chapter, or the application of this chapter to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or determination and the application of those provisions to other persons, agencies, or circumstances shall not be affected. The invalidity of any section or sections, or parts of any section or sections of this chapter, shall not affect the validity of the remainder of this chapter.

History of Section. P.L. 2000, ch. 508, § 1.

Chapter 23 Subdivision of Land

45-23-1 — 45-23-24. Repealed.

Repealed Sections.

Former §§ 45-23-1 — 45-23-24 (P.L. 1945, ch. 1631, §§ 1 — 16; P.L. 1954, ch. 3321, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, §§ 45-23-1 — 45-23-24; P.L. 1961, ch. 175, § 1; P. L. 1962, ch. 67, § 1; P.L. 1962, ch. 88, § 1; P.L. 1964, ch. 57, § 1; P.L. 1965, ch. 221, § 1; P.L. 1968, ch. 47, § 1; P.L. 1976, ch. 7, § 1; P.L. 1979, ch. 223, § 1; P.L. 1983, ch. 97, § 1; P.L. 1987, ch. 194, § 1; P.L. 1987, ch. 262, § 1; P.L. 1987, ch. 328, § 1; P.L. 1989, ch. 382, § 1; P. L. 1989, ch. 542, § 93; P.L. 1990, ch. 377, § 1; P.L. 1993, ch. 62, § 1; P.L. 1998, ch. 194, § 1), concerning the subdivision of land, were repealed by P.L. 1992, ch. 385, § 1, as amended by P.L. 1993, ch. 36, §§ 1, 2; P.L. 1993, ch. 144, §§ 1, 2; and P.L. 1994, ch. 92, § 2, effective December 31, 1995.

45-23-25. Title.

Sections 45-23-25 45-23-74 shall be known as the “Rhode Island Land Development and Subdivision Review Enabling Act of 1992”. The short title shall be the “Development Review Act”.

History of Section. P.L. 1992, ch. 385, § 1.

NOTES TO DECISIONS

Preemption.

Land development constitutes a valid exercise of police power, and is a matter of statewide concern, preempting charter provisions or pre-existing special statutes on the same subject. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

45-23-26. Requirement in all municipalities.

  1. Every municipality in the state shall adopt land development and subdivision review regulations, referred to as local regulations in this chapter, which comply with all the provisions of this chapter.
  2. All municipalities shall establish the standard review procedures for local land development and subdivision review and approval as specified in this chapter. The procedures are intended to provide thorough, orderly, and expeditious processing of development project applications.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-27. Applicability.

  1. Sections 45-23-25 45-23-74 and all local regulations are applicable in all of the following instances:
    1. In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32 , all provisions of §§ 45-23-25 45-23-74 apply;
    2. In all cases of land development projects, as provided for in § 45-24-47 of the Zoning Enabling Act of 1991, where a municipality has allowed for the land development projects in its local zoning ordinance; and/or
    3. In all cases of development plan review, as provided for in § 45-24-49 of the Zoning Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the procedures for planning board review of applications.
  2. Plats required.
    1. All activity defined as subdivision requires a new plat, drawn to the specifications of the local regulations, and reviewed and approved by the planning board or its agents as provided in this chapter; and
    2. Prior to recording, the approved plat shall be submitted for signature and recording as specified in § 45-23-64 .

History of Section. P.L. 1992, ch. 385, § 1.

NOTES TO DECISIONS

Exhaustion of Administrative Remedies.

Because the requirement that landowners seek approval from the planning board before subdividing their land was lawful and was enacted pursuant to due process of law, owners were required to exhaust all administrative remedies in seeking approval of their proposed use before proceeding with any takings action. Petrone v. Town of Foster, 769 A.2d 591, 2001 R.I. LEXIS 94 (2001).

Ultra Vires Actions.

The ultra vires action of the town clerk in recording deeds that purported to convey less than the entire tract of contiguous land owned by the grantor prior to approval being obtained from the planning board did not bind the municipality and could not justifiably have been relied upon by the owner. Petrone v. Town of Foster, 769 A.2d 591, 2001 R.I. LEXIS 94 (2001).

45-23-28. Continuation of ordinances — Supersession — Relation to other statutes.

  1. Any land development and subdivision review ordinance, regulation or rule, or amendment, enacted after December 31, 1994 shall conform to the provisions of this chapter. All lawfully adopted land development and subdivision review ordinances, regulations, and rules shall be brought into conformance with this chapter by December 31, 1995.
  2. All subdivision ordinances, regulations or rules adopted under authority of §§ 45-23-1 through 45-23-24, or any special subdivision enabling act that is in effect on July 21, 1992 remains in full force and effect until December 31, 1995, unless amended earlier so as to conform to the provisions of this chapter.
  3. Sections 45-23-1 through 45-23-24 and all special subdivision enabling acts in effect on July 21, 1992 are repealed effective December 31, 1995.
  4. Nothing contained in this chapter and no local ordinance, rule or regulation adopted under this chapter impairs the validity of any plat legally recorded prior to the effective date of the ordinance, rule or regulation.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1993, ch. 36, §§ 1, 2; P.L. 1993, ch. 144, §§ 1, 2; P.L. 1994, ch. 92, § 2; P.L. 2009, ch. 310, § 54.

45-23-29. Legislative findings and intent.

  1. The general assembly recognizes and affirms in §§ 45-23-25 45-23-74 that the findings and goals stated in §§ 45-22.2-3 et seq. and 45-24-27 et seq., known as the Rhode Island Comprehensive Planning and Land Use Regulation Act and the Rhode Island Zoning Enabling Act of 1991, respectively, present findings and goals with which local regulations must be consistent.
  2. The general assembly further finds that:
    1. The subdivision enabling statutes contained in §§ 45-23-1 through 45-23-24, hereby repealed as of December 31, 1995, have been enacted in a series of separate actions over many years and do not provide for all the elements presently necessary for proper municipal review and approval of land development and subdivision projects;
    2. The character of land development and subdivision, and the related public and private services, have changed substantially in recent years;
    3. The responsibilities of the local governments in regulating land development and subdivision have changed, increased in complexity, and expanded to include additional areas of concern;
    4. State and federal laws increasingly require the interaction of local land development regulatory authorities with those of the federal and state agencies and adjacent municipalities;
    5. Not all instances of land development or subdivision are sufficiently reviewed prior to recording or construction, resulting in unwarranted environmental impacts, financial impacts on private individuals and communities, and inappropriate design;
    6. At present the cities and town throughout the state each establish their own procedures for review, approval, recording, and enforcement of land development and subdivision projects;
    7. It is necessary to provide for review and approval of land development projects within the subdivision review and approval procedures, as specified in the Rhode Island Zoning Enabling Act of 1991 (§ 45-24-27 et seq.); and
    8. It is necessary to require that the regulations and standards for all land development projects and subdivisions be sufficiently definite to provide clear direction for development design and construction and to satisfy the requirements for due process for all applicants for development approval.
  3. Therefore, it is the intent of the general assembly:
    1. That the land development and subdivision enabling authority contained in this chapter provide all cities and towns with the ability to adequately address the present and future needs of the communities;
    2. That the land development and subdivision enabling authority contained in this chapter require each city and town to develop land development and subdivision regulations in accordance with the community comprehensive plan, capital improvement plan, and zoning ordinance and to ensure the consistency of all local development regulations;
    3. That certain local procedures for review and approval of land development and subdivision are the same in every city and town;
    4. That the local procedure for integrating the approvals of state regulatory agencies into the local review and approval process for land development and subdivision is the same in every city and town; and
    5. That all proposed land developments and subdivisions are reviewed by local officials, following a standard process, prior to recording in local land evidence records.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1993, ch. 36, § 1; P.L. 1993, ch. 144, § 1; P.L. 1994, ch. 92, § 2.

45-23-30. General purposes of land development and subdivision review ordinances, regulations and rules.

Land development and subdivision review ordinances, regulations and rules shall be developed and maintained in accordance with this chapter and with a comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which complies with § 45-24-27 et seq. Local regulations shall address the following purposes:

  1. Providing for the orderly, thorough and expeditious review and approval of land developments and subdivisions;
  2. Promoting high quality and appropriate design and construction of land developments and subdivisions;
  3. Promoting the protection of the existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment;
  4. Promoting design of land developments and subdivisions which are well-integrated with the surrounding neighborhoods with regard to natural and built features, and which concentrate development in areas which can best support intensive use by reason of natural characteristics and existing infrastructure;
  5. Encouraging local design and improvement standards to reflect the intent of the community comprehensive plans with regard to the physical character of the various neighborhoods and districts of the municipality;
  6. Promoting thorough technical review of all proposed land developments and subdivisions by appropriate local officials;
  7. Encouraging local requirements for dedications of public land, impact mitigation, and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and
  8. Encouraging the establishment and consistent application of procedures for local record-keeping on all matters of land development and subdivision review, approval and construction.

History of Section. P.L. 1992, ch. 385, § 1.

NOTES TO DECISIONS

In General.

Where the planning board made its approval of a plat contingent upon the dedication of a fifty-foot strip connecting the subdivision with a highway and the subdivider owned no such strip but negotiated for such a strip with owners of land between the subdivision and the highway, he should have acquired title to such strip and made it a part of the subdivision or the owners of the strip should have been required to file their dedication in the land records or convey the strip to the town before final approval of the plat. Jeffrey v. Platting Bd. of Review, 103 R.I. 578 , 239 A.2d 731, 1968 R.I. LEXIS 833 (1968).

The planning commission created by a town or city under former § 45-23-2 did not have power to require subdividers to donate a minimum percentage of the ground platted for recreational purposes. Frank Ansuini, Inc. v. Cranston, 107 R.I. 63 , 264 A.2d 910, 1970 R.I. LEXIS 738 (1970).

Authority.

Property owners’ lot was properly found to be an illegal nonconforming lot under South Kingstown, R.I., Subdivision Regs. § II(O) as the town planning board had the authority to enact the regulation as to lot size under former R.I. Gen. Laws § 45-23-2, and the more restrictive standard under § II(O), which did not include wetlands, applied based on South Kingstown, R.I., Zoning Ordinances § 1904. Murphy v. Zoning Bd. of Review of S. Kingstown, 959 A.2d 535, 2008 R.I. LEXIS 106 (2008).

Initiative and Referendum.

An initiative and referendum provision of a town’s charter would not be competent to authorize the procedure to be used to adopt or to amend either a regulation for the subdivision of land or an ordinance regulating zoning in the town. The requirement of a meaningful public hearing and the rights of land owners that underlie the requirement cannot be compatible with an ordinance adopted by an initiative or referendum. L.A. Ray Realty v. Town Council of Cumberland, 603 A.2d 311, 1992 R.I. LEXIS 23 (1992).

Jurisdiction.

Since the thrust of this chapter is to oversee and regulate new developments, it has no bearing on sales of existing houses on existing streets, and therefore the planning board is without jurisdiction to approve or disapprove such sales. Taylor v. Marshall, 119 R.I. 171 , 376 A.2d 712, 1977 R.I. LEXIS 1876 (1977).

Subdivision regulations promulgated by a local planning commission were inapplicable to property containing former 32 unit military personnel housing exempted from zoning code as nonconforming use purchased by developer from government where developer merely sought to sell individual units and not develop land previously developed by government. Coventry v. Glickman, 429 A.2d 440, 1981 R.I. LEXIS 1142 (1981).

45-23-31. Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.

  1. Local regulations adopted pursuant to this chapter shall provide a statement of purposes. These purposes shall be consistent with purposes stated in chapters 22.2 and 24 of this title concerning comprehensive plans and zoning ordinances, respectively, as well as with § 45-23-30 . The local regulations shall also be consistent with the adopted local comprehensive plan, local zoning ordinance and all other duly adopted local development regulations.
  2. In the instance of uncertainty in the construction or application of any section of the local regulations, the local regulations shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan. Furthermore, the local regulations shall be construed in a manner which is consistent with the legislative findings, intents, and purposes of §§ 45-23-25 45-23-74 .

History of Section. P.L. 1992, ch. 385, § 1.

45-23-32. Definitions.

Where words or phrases used in this chapter are defined in the definitions section of either the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4 , or the Rhode Island Zoning Enabling Act of 1991, § 45-24-31 , they have the meanings stated in those acts. Additional words and phrases may be defined in local ordinances, regulations and rules under this act. The words and phrases defined in this section, however, shall be controlling in all local ordinances, regulations, and rules created under this chapter. See also § 45-23-34 . In addition, the following words and phrases have the following meanings:

  1. Administrative officer.  The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies. The administrative officer may be a member of, or the chair, of the planning board, or an appointed official of the municipality. See § 45-23-55 .
  2. Administrative subdivision.  Re-subdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. The re-subdivision only involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.
  3. Board of appeal.  The local review authority for appeals of actions of the administrative officer and the planning board on matters of land development or subdivision, which shall be the local zoning board of review constituted as the board of appeal. See § 45-23-57 .
  4. Bond.  See improvement guarantee.
  5. Buildable lot.  A lot where construction for the use(s) permitted on the site under the local zoning ordinance is considered practicable by the planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations. See § 45-23-60(4).
  6. Certificate of completeness.  A notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of the municipality’s regulations, and that the applicant may proceed with the approval process.
  7. Concept plan.  A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the project within the approval process.
  8. Consistency with the comprehensive plan.  A requirement of all local land use regulations which means that all these regulations and subsequent actions are in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the comprehensive community plan as specified in § 45-22.2-3 .
  9. Dedication, fee-in-lieu-of.  Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which the payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47 .
  10. Development regulation.  Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control or any other governmental regulation of the use and development of land.
  11. Division of land.  A subdivision.
  12. Environmental constraints.  Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.
  13. Final plan.  The final stage of land development and subdivision review. See § 45-23-43 .
  14. Final plat.  The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the planning board and any accompanying material as described in the community’s regulations and/or required by the planning board.
  15. Floor area, gross.  See R.I. State Building Code.
  16. Governing body.  The body of the local government, generally the city or town council, having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.
  17. Improvement.  Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.
  18. Improvement guarantee.  A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See § 45-23-46 .
  19. Local regulations.  The land development and subdivision review regulations adopted under the provisions of this act. For purposes of clarification, throughout this act, where reference is made to local regulations, it is be understood as the land development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to this chapter.
  20. Maintenance guarantee.  Any security instrument which may be required and accepted by a municipality to ensure that necessary improvements will function as required for a specific period of time. See improvement guarantee.
  21. Major land development plan.  Any land development plan not classified as a minor land development plan.
  22. Major subdivision.  Any subdivision not classified as either an administrative subdivision or a minor subdivision.
  23. Master plan.  An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review. See § 45-23-40 .
  24. Minor land development plan.  A development plan for a residential project as defined in local regulations, provided that the development does not require waivers or modifications as specified in this act. All nonresidential land development projects are considered major land development plans.
  25. Minor subdivision.  A plan for a subdivision of land consisting of five (5) or fewer units or lots, provided that the subdivision does not require waivers or modifications as specified in this chapter.
  26. Modification of requirements.  See § 45-23-62 .
  27. Parcel.  A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.
  28. Parking area or lot.  All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.
  29. Permitting authority.  The local agency of government specifically empowered by state enabling law and local ordinance to hear and decide on specific matters pertaining to local land use.
  30. Phased development.  Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by sections subsequent to approval of a master plan for the entire site. See § 45-23-48 .
  31. Physical constraints to development.  Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.
  32. Planning board.  The official planning agency of a municipality, whether designated as the plan commission, planning commission, plan board, or as otherwise known.
  33. Plat.  A drawing or drawings of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in the local regulations.
  34. Pre-application conference.  An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See § 45-23-35 .
  35. Preliminary plan.  The required stage of land development and subdivision review which requires detailed engineered drawings and all required state and federal permits. See § 45-23-41 .
  36. Public improvement.  Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.
  37. Public informational meeting.  A meeting of the planning board or governing body preceded by a notice, open to the public and at which the public is heard.
  38. Re-subdivision.  Any change of an approved or recorded subdivision plat or in a lot recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of the local land development and subdivision regulations. For the purposes of this act any action constitutes a subdivision.
  39. Slope of land.  The grade, pitch, rise or incline of the topographic landform or surface of the ground.
  40. Storm water detention.  A provision for storage of storm water runoff and the controlled release of the runoff during and after a flood or storm.
  41. Storm water retention.  A provision for storage of storm water runoff.
  42. Street.  A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See street classification.
  43. Street, access to.  An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.
  44. Street, alley.  A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
  45. Street, cul-de-sac.  A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.
  46. Street, limited access highway.  A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at the points and in the manner as may be determined by the public authority having jurisdiction over the highway.
  47. Street, private.  A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways.
  48. Street, public.  All public property reserved or dedicated for street traffic.
  49. Street, stub.  A portion of a street reserved to provide access to future development, which may provide for utility connections.
  50. Street classification.  A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications use the following as major categories:
    1. Arterial.  A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
    2. Collector.  A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
    3. Local.  Streets whose primary function is to provide access to abutting properties.
  51. Subdivider.  Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.
  52. Subdivision.  The division or re-division, of a lot, tract or parcel of land into two or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means is considered a subdivision. All re-subdivision activity is considered a subdivision. The division of property for purposes of financing constitutes a subdivision.
  53. Technical review committee.  A committee appointed by the planning board for the purpose of reviewing, commenting, and making recommendations to the planning board with respect to approval of land development and subdivision applications.
  54. Temporary improvement.  Improvements built and maintained by a developer during construction of a development project and prior to release of the improvement guarantee, but not intended to be permanent.
  55. Vested rights.  The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.
  56. Waiver of requirements.  See § 45-23-62 .

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2013, ch. 458, § 1; P.L. 2013, ch. 467, § 1.

Compiler’s Notes.

P.L. 2013, ch. 458, § 1, and P.L. 2013, ch. 467, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2013, ch. 458, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

P.L. 2013, ch. 467, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

NOTES TO DECISIONS

In General.

A provision governing a division and subdivision of land may not be incorporated in a zoning ordinance adopted under the provisions of former § 45-24-1 et seq. Kane v. Zoning Bd. of Review, 97 R.I. 152 , 196 A.2d 421, 1964 R.I. LEXIS 56 (1964).

Jurisdiction.

A planning board does not have jurisdiction, under former § 45-23-1 , to approve the division of a lot into two lots when such division does not require provision for a street. Slawson v. Zoning Bd. of Review, 100 R.I. 485 , 217 A.2d 92, 1966 R.I. LEXIS 465 (1966).

The board has jurisdiction over sales of real estate only if the sale constitutes a subdivision within the meaning of former § 45-23-1 , and thus, if there is an existing street, the board has no jurisdiction over the matter. Taylor v. Marshall, 119 R.I. 171 , 376 A.2d 712, 1977 R.I. LEXIS 1876 (1977); Weaver v. United Congregational Church, 120 R.I. 419 , 388 A.2d 11, 1978 R.I. LEXIS 682 (1978).

Merging of Substandard Lots.

Merger provision in a town zoning ordinance, requiring the combination of substandard lots, does not create a new subdivision, and owners who are denied permits to build residences on such lots are required to pursue applications for a variance or an exception. McKendall v. Barrington, 571 A.2d 565, 1990 R.I. LEXIS 54 (1990).

Street.

Former § 45-23-1 ’s definition of street, which was broadly drawn to include lanes, alleys and other ways, acted as a grandfather clause to exempt sales of existing homes on existing streets or ways from the provisions of this chapter. Taylor v. Marshall, 119 R.I. 171 , 376 A.2d 712, 1977 R.I. LEXIS 1876 (1977).

United States Route 1 is an “existing street” as defined by former § 45-23-1 . Charlestown v. Falcone, 560 A.2d 347, 1989 R.I. LEXIS 120 (1989).

Subdivision of Existing Lot.

Where the plaintiffs appealed a local planning board’s denial of their application to create by subdivision a second building lot from an existing lot, the trial justice erred in characterizing the plaintiffs’ application as a variance from a frontage requirement or deviation, requiring the plaintiffs only to demonstrate an adverse impact amounting to more than a mere inconvenience, because the trial justice’s decision, in effect, accords zoning-restriction relief to a subdivision of land contrary to existing case law. Sawyer v. Cozzolino, 595 A.2d 242, 1991 R.I. LEXIS 146 (1991).

Conveyance of additional strip did not create two or more lots, tracts, or parcels of land and therefore did not constitute a subdivision. Sako v. Delsesto, 688 A.2d 1296, 1997 R.I. LEXIS 74 (1997).

45-23-33. General provisions — Required contents of local regulations.

The local regulations consist of the regulations and other text, together with charts, graphs, appendices and other explanatory material. All local regulations include, at a minimum, the elements listed below and as further described in this chapter:

  1. Statement of enabling authority for land development and subdivision derived from § 45-23-25 et seq.;
  2. Statement of the city or town enabling ordinance as specified in § 45-23-51 ;
  3. Statement of purpose and consistency with the comprehensive plan, the zoning ordinance and other federal, state and local land use regulations;
  4. Definitions;
  5. General provisions;
  6. Special provisions;
  7. Procedures for review and approval of plats and plans;
  8. Procedures for recording of plats and plans;
  9. Procedures for guarantees of public improvements;
  10. Procedures for waivers and modifications;
  11. Procedures for enforcement and penalties;
  12. Procedures for the adoption of the regulations and amendments;
  13. Procedures for the administration of the regulations and amendments;
  14. Procedures for appeals;
  15. Design and public improvement standards for all districts within the municipality;
  16. Construction specifications for improvement standards; and
  17. Specification of all application documents and other documents to be submitted.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-34. General provisions — Definitions.

Local regulations adopted pursuant to this chapter shall provide definitions for words or phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any local regulations, whether or not defined in those regulations, are substantially similar to words or phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be construed according to the definitions provided in those sections of the law.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-35. General provisions — Pre-application meetings and concept review.

  1. One or more pre-application meetings shall be held for all major land development or subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the municipality or the applicant. Pre-application meetings allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.
  2. At the pre-application stage the applicant may request the planning board or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide planning board or technical review committee input in the formative stages of major subdivision and land development concept design.
  3. Applicants seeking a pre-application meeting or an informal concept review shall submit general, conceptual materials in advance of the meeting(s) as requested by municipal officials.
  4. Pre-application meetings aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and are not considered approval of a project or its elements.
  5. Provided that at least one pre-application meeting has been held for major land development or subdivision application or sixty (60) days has elapsed from the filing of the pre-application submission and no pre-application meeting has been scheduled to occur within those sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § 45-23-36 .

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1.

45-23-36. General provisions — Application for development and certification of completeness.

  1. Classification.  The administrative officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for a land development or subdivision project. The following types of applications, as defined in § 45-23-32 , may be filed:
    1. Administrative subdivision;
    2. Minor subdivision or minor land development plan; and
    3. Major subdivision or major land development plan.
  2. Certification of a complete application.  An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.
  3. Notwithstanding subsections (a) and (b) of this section, the planning board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.
  4. Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review is stayed and resumes when the administrative officer or the planning board determines that the required application information is complete.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1.

45-23-37. General provisions — Administrative subdivision.

  1. Any applicant requesting approval of a proposed administrative subdivision, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations.
  2. The application shall be certified, in writing, as complete or incomplete by the administrative officer within a fifteen (15) day period from the date of its submission according to the provisions of § 45-23-36(b) .
  3. Review process:
    1. Within fifteen (15) days of certification of completeness, the administrative officer, or the technical review committee, shall review the application and approve, deny or refer it to the planning board with recommendations. The officer or committee shall report its actions to the planning board at its next regular meeting, to be made part of the record.
    2. If no action is taken by the administrative officer or the technical review committee within the fifteen (15) days, the application shall be placed on the agenda of the next regular planning board meeting.
  4. If referred to the planning board, the board shall consider the application and the recommendations of the administrative officer and/or the technical review committee and either approve, approve with conditions, or deny the application within sixty-five (65) days of certification of completeness. Failure of the planning board to act within the prescribed period constitutes approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning board or committee to act within the required time and the resulting approval shall be issued on request of the applicant.
  5. Denial of an application by the administrative officer and/or the technical review committee is not appealable and requires the plan to be submitted as a minor subdivision application.
  6. Any approval of an administrative subdivision shall be evidenced by a written decision which shall be filed and posted in the office of the city or town clerk.
  7. Approval of an administrative subdivision expires ninety (90) days from the date of approval unless within that period a plat in conformity with that approval is submitted for signature and recording as specified in § 45-23-64 .

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1.

45-23-38. General provisions — Minor land development and minor subdivision review.

  1. Review stages.  Minor plan review consists of two (2) stages, preliminary and final; provided, that if a street creation or extension is involved, or a request for variances and/or special-use permits are submitted, pursuant to the regulation’s unified development review provisions, a public hearing is required. The planning board may combine the approval stages, providing requirements for both stages are met by the applicant to the satisfaction of the planning officials.
  2. Submission requirements.  Any applicant requesting approval of a proposed, minor subdivision or minor land development, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions and/or minor land-development projects that are submitted under a zoning ordinance’s unified development review provisions shall be included as part of the preliminary plan application, pursuant to § 45-23-50.1(b) .
  3. Certification.  The application shall be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days or within fifteen (15) days if no street creation or extension is required, and/or unified development review is not requested, according to the provisions of § 45-23-36(b) . The running of the time period set forth in this section will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission.
  4. Technical review committee.  The technical review committee, if established, will review the application and will comment and make recommendations to the planning board. The application will be referred to the planning board as a whole if there is no technical review committee. When reviewed by a technical review committee:
    1. If the land-development or subdivision application does not include a request for unified development review and the plan is approved by a majority of the committee members, the application is forwarded to the planning board with a recommendation for preliminary plan approval without further review.
    2. If the plan is not approved by a majority vote of the committee members, or the application includes a request for unified development review, the minor land-development and subdivision application is referred to the planning board.
  5. Re-assignment to major review.  The planning board may re-assign a proposed minor project to major review only when the planning board is unable to make the positive findings required in § 45-23-60 .
  6. Decision.  If no street creation or extension is required, the planning board will approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within any further time that is agreed to by the applicant and the board, according to the requirements of §§ 45-23-60 and 45-23-63 . If a street extension or creation is required, the planning board will hold a public hearing prior to approval according to the requirements in § 45-23-42 and will approve, deny, or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within any specified time that is agreed to by the applicant and the board, according to the requirements of §§ 45-23-60 and 45-23-63 .
  7. Failure to act.  Failure of the planning board to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval will be issued on request of the application.
  8. Final plan.  The planning board may delegate final plan review and approval to either the administrative officer or the technical review committee. The officer or committee will report its actions, in writing to the planning board at its next regular meeting, to be made part of the record.
  9. Expiration of approval.  Approval of a minor land-development or subdivision plan expires ninety (90) days from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in § 45-23-64 . Validity may be extended for a longer period, for cause shown, if requested by the application in writing, and approved by the planning board.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1996, ch. 404, § 36; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2.

45-23-39. General provisions — Major land development and major subdivision review stages.

  1. Major plan review is required of all applications for land development and subdivision approval subject to this chapter, unless classified as an administrative subdivision or as a minor land development or a minor subdivision.
  2. Major plan review consists of three stages of review, master plan, preliminary plan and final plan, following the pre-application meeting(s) specified in § 45-23-35 . Also required is a public informational meeting and a public meeting.
  3. The planning board may vote to combine review stages and to modify and/or waive requirements as specified in § 45-23-62 . Review stages may be combined only after the planning board determines that all necessary requirements have been met by the applicant.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-40. General provisions — Major land development and major subdivision — Master plan.

  1. Submission requirements.
    1. The applicant shall first submit to the administrative officer the items required by the local regulations for master plans.
    2. Requirements for the master plan and supporting material for this phase of review include, but are not limited to: information on the natural and built features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing; and potential neighborhood impacts.
    3. Initial comments will be solicited from:
      1. Local agencies including, but not limited to, the planning department, the department of public works, fire and police departments, the conservation and recreation commissions;
      2. Adjacent communities;
      3. State agencies, as appropriate, including the departments of environmental management and transportation and the coastal resources management council; and
      4. Federal agencies, as appropriate. The administrative officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.
    4. Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special-use permits related to major subdivisions and/or major land-development projects that are submitted under a zoning ordinance’s unified development review provisions shall be included as part of the master plan application, pursuant to § 45-23-50.1(b) .
  2. Certification.  The application must be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b) . The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.
  3. Technical review committee.  The technical review committee, if established, shall review the application and shall comment and make recommendations to the planning board.
  4. Informational meeting.
    1. A public informational meeting will be held prior to the planning board decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting is optional, based upon planning board determination, or unified development review has been requested, in which case a public hearing shall be held pursuant to § 45-23-50.1(b) .
    2. Public notice for the informational meeting is required and must be given at least seven (7) days prior to the date of the meeting in a newspaper of general circulation within the municipality. Postcard notice must be mailed to the applicant and to all property owners within the notice area, as specified by local regulations.
    3. At the public informational meeting, the applicant will present the proposed development project. The planning board must allow oral and written comments from the general public. All public comments are to be made part of the public record of the project application.
  5. Decision.  The planning board shall, within ninety (90) days of certification of completeness, or within a further amount of time that may be consented to by the applicant through the submission of a written waiver, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-23-63 .
  6. Failure to act.  Failure of the planning board to act within the prescribed period constitutes approval of the master plan, and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval will be issued on request of the applicant.
  7. Vesting.
    1. The approved master plan is vested for a period of two (2) years, with the right to extend for two (2), one-year extensions upon written request by the applicant, who must appear before the planning board for the annual review. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested by the applicant, in writing, and approved by the planning board. Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown on the approved master plan drawings and supporting materials.
    2. The initial four-year (4) vesting for the approved master plan constitutes the vested rights for the development as required in § 45-24-44 .

History of Section. P.L 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 294, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.

Compiler’s Notes.

P.L. 2017, ch. 109, § 1, and P.L. 2017, ch. 175, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Sanctions.

Trial court properly denied a shopping center developer’s petition for a writ of mandamus, wherein it sought to compel an administrative officer for a town planning board to issue a certificate of the board’s failure to act under R.I. Gen. Laws §§ 45-23-40(e) and 45-23-63(a) , and to thereby approve its master-plan application, as the developer did not show that it had a clear legal right to such relief; although the board had failed to issue a written decision within the time frame, as statutorily required, a sanction was not imposed statutorily for that conduct, and although the sanction of issuance of the certificate under R.I. Gen. Laws § 45-23-40(f) was for failure to act, the board’s oral vote to deny the application was sufficient compliance with the statutory directive and furthered the legislative intent under R.I. Gen. Laws § 45-23-29(c)(1) , (2). New Eng. Dev., LLC v. Berg, 913 A.2d 363, 2007 R.I. LEXIS 3 (2007).

45-23-41. General provisions — Major land development and major subdivision — Preliminary plan.

  1. Submission requirements.
    1. The applicant shall first submit to the administrative officer the items required by the local regulations for preliminary plans.
    2. Requirements for the preliminary plan and supporting materials for this phase of the review include, but are not limited to: engineering plans depicting the existing site conditions, engineering plans depicting the proposed development project, a perimeter survey, all permits required by state or federal agencies prior to commencement of construction, including permits related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads.
    3. At the preliminary plan review phase, the administrative officer shall solicit final, written comments and/or approvals of the department of public works, the city or town engineer, the city or town solicitor, other local government departments, commissions, or authorities as appropriate.
    4. Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements, and rights-of-way.
    5. If the applicant is requesting alteration of any variances and/or special-use permits granted by the planning board or commission at the master plan stage of review pursuant to adopted unified development review provisions, and/or any new variances and/or special-use permits, such requests and all supporting documentation shall be included as part of the preliminary plan application materials, pursuant to § 45-23-50.1(b) .
  2. Certification.  The application will be certified as complete or incomplete by the administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b) . The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.
  3. Technical review committee.  The technical review committee, if established, shall review the application and shall comment and make recommendations to the planning board.
  4. Public hearing.  Prior to a planning board decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in § 45-23-42 , must be held.
  5. Public improvement guarantees.  Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees, shall be reviewed and approved by the planning board at preliminary plan approval.
  6. Decision.  A complete application for a major subdivision or development plan shall be approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-60 and 45-23-63 , within ninety (90) days of the date when it is certified complete, or within a further amount of time that may be consented to by the developer through the submission of a written waiver.
  7. Failure to act.  Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.
  8. Vesting.  The approved preliminary plan is vested for a period of two (2) years with the right to extend for two (2), one-year extensions upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the planning board. The vesting for the preliminary plan approval includes all general and specific conditions shown on the approved preliminary plan drawings and supporting material.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 294, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.

Compiler’s Notes.

P.L. 2017, ch. 109, § 1, and P.L. 2017, ch. 175, § 1 enacted identical amendments to this section.

45-23-42. General provisions — Major land development and major subdivision — Public hearing and notice.

  1. A public hearing is required for a major land development project or a major subdivision or where a street extension or creation requires a public hearing for a minor land development project or minor subdivision.
  2. Notice requirements.  Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation within the municipality following the municipality’s usual and customary practices for this kind of advertising. Notice shall be sent to the applicant and to each owner within the notice area, by certified mail, return receipt requested, of the time and place of the hearing not less than ten (10) days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application. The notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a supplemental notice that an application for development approval is under consideration be posted at the location in question. The posting is for informational purposes only and does not constitute required notice of a public hearing.
  3. Notice area.
    1. The distance(s) for notice of the public hearing shall be specified in the local regulations. The distance may differ by zoning district and scale of development. At a minimum, all abutting property owners to the proposed development’s property boundary shall receive notice.
    2. Watersheds.  Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c).
    3. Adjacent municipalities.  Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if (1) the notice area extends into the adjacent municipality, or (2) the development site extends into the adjacent municipality, or (3) there is a potential for significant negative impact on the adjacent municipality.
  4. Notice cost.  The cost of all notice shall be borne by the applicant.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2007, ch. 161, § 1; P.L. 2007, ch. 283, § 1.

45-23-43. General provisions — Major land development and major subdivision — Final plan.

  1. Submission requirements.
    1. The applicant shall submit to the administrative officer the items required by the local regulations for the final plan, as well as all material required by the planning board when the application was given preliminary approval.
    2. Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.
    3. Certification by the tax collector that all property taxes are current.
    4. For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.
  2. Certification.  The application for final plan approval shall be certified complete or incomplete by the administrative officer in writing, within twenty-five (25) days, according to the provisions of § 45-23-36(b) . This time period may be extended to forty-five (45) days by written notice from the administrative officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and shall recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission. If the administrative officer certifies the application as complete and does not require submission to the planning board as per subsection (c) below, the final plan shall be considered approved.
  3. Referral to the planning board.  If the administrative officer determines that an application for final approval does not meet the requirements set by local regulations or by the planning board at preliminary approval, the administrative officer shall refer the final plans to the planning board for review. The planning board shall, within forty-five (45) days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, approve or deny the final plan as submitted.
  4. Failure to act.  Failure of the planning board to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.
  5. Expiration of approval.  The final approval of a major subdivision or land development project expires one year from the date of approval with the right to extend for one year upon written request by the applicant, who must appear before the planning board for the annual review, unless, within that period, the plat or plan has been submitted for signature and recording as specified in § 45-23-64 . Thereafter, the planning board may, for good cause shown, extend the period for recording for an additional period.
  6. Acceptance of public improvements.  Signature and recording as specified in § 45-23-64 constitute the acceptance by the municipality of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the governing body of the municipality accepts the completed public improvements as constructed in compliance with the final plans.
  7. Validity of recorded plans.  The approved final plan, once recorded, remains valid as the approved plan for the site unless and until an amendment to the plan is approved under the procedure stated in § 45-23-65 , or a new plan is approved by the planning board.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1996, ch. 404, § 36; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 294, § 1; P.L. 2008, ch. 464, § 1.

NOTES TO DECISIONS

In General.

The approval of a plat constituted acceptance of the streets contained therein and, upon the replatting of the subdivision to increase the frontage of lots on said streets without changing the location or width of the streets, the platter was not required to comply with an ordinance passed subsequent to the filing of the original plat and before the acceptance of the replat requiring all roads in a plat to be subgraded. Bristol v. Castle Constr. Co., 100 R.I. 135 , 211 A.2d 627, 1965 R.I. LEXIS 362 (1965).

Contingent Approval.

Where the plan commission found that a subdivision had no access to a highway and made their approval of the plan contingent upon the dedication of a fifty-foot strip connecting the subdivision with a highway, final approval should have been withheld until the subdividers acquired title to such a strip and made it part of the subdivision or the owners thereof filed their dedication in the land records or conveyed it to the town. Jeffrey v. Platting Bd. of Review, 103 R.I. 578 , 239 A.2d 731, 1968 R.I. LEXIS 833 (1968).

Intent to Dedicate.

Where a developer conveyed a road and open-space area in a subdivision to a nonexistent homeowners association and, although the plat was approved, there was no intent to dedicate the open-space land for public use, pursuant to this section, the owners’ failure to legally establish the association did not change the essential fact that the owners of the lots in the subdivision were the intended owners of the open-space land, and were therefore liable for taxes on the land. Wallis v. Mainville, 639 A.2d 61, 1994 R.I. LEXIS 97 (1994).

If land on an approved subdivision map is not clearly marked as a road or street, an individual claiming that the road or street is public must demonstrate that the land was dedicated by its owner as a street or a road and the public has accepted the dedication. Donnelly v. Cowsill, 716 A.2d 742, 1998 R.I. LEXIS 277 (1998).

Subdivision plat which marked private lanes “way” and “lane” did not demonstrate an intent to dedicate the lanes as public roads and the planning commission’s acceptance of the plat did not constitute a dedication to the public. Donnelly v. Cowsill, 716 A.2d 742, 1998 R.I. LEXIS 277 (1998).

Proof of Public Ownership.

The plaintiff failed to meet his burden of proving the control or ownership of a parcel of land, where he rested on a mere conclusion and a legal opinion of an attorney that because the parcel was not owned by an individual, it was a public right of way owned by the town and dedicated as an official plat. Senn v. MacDougall, 639 A.2d 494, 1994 R.I. LEXIS 101 (1994).

In order for streets and roads on a subdivision map approved by the plan commission to be considered public roads, the land must be clearly marked as a road or a street on the map. Donnelly v. Cowsill, 716 A.2d 742, 1998 R.I. LEXIS 277 (1998).

Waiver of Notice.

Although a developer claimed that there was no prior notice that a public water condition would be added to a subdivision approval, the trial court’s finding that the developer waived his right to challenge the sufficiency vel non of notice on constitutional and statutory grounds and pursuant to R.I. Gen. Laws § 42-46-6(b) was proper; the developer waived whatever preexisting procedural and statutory rights were his with respect to the meeting when he took the action of telling his attorney that he had, in the words of the trial court, agreed to add the condition of public water. D'Ellena v. Town of E. Greenwich, 21 A.3d 389, 2011 R.I. LEXIS 98 (2011).

45-23-44. General provisions — Physical design requirements.

  1. All local regulations shall specify, through reasonable, objective standards and criteria, all physical design requirements for subdivisions and land-development projects that are to be reviewed and approved pursuant to the regulations. Regulations shall specify all requirements and policies for subdivisions and land-development projects that are not contained in the municipality’s zoning ordinance.
  2. Nothing in this section shall be construed to restrict a municipality’s right, within state and local regulations, to establish its own minimum lot size per zoning district in its town or city.
  3. The slope of land shall not be excluded from the calculation of the buildable lot area or the minimum lot size, or in the calculation of the number of buildable lots or units.
  4. Wetland buffers, as defined in § 2-1-20 , shall be included in the calculation of a minimum lot area and in the total number of square feet or acres of a tract or parcel of land before calculating the maximum potential number of units or lots for development; provided, however, that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used for public drinking water. Nothing herein changes the definition and applicability of a “buildable lot” as set forth under § 45-23-60(a)(4) ; and nothing herein permits the disturbance of wetlands or wetland buffers or otherwise alters the provisions of the freshwater wetlands act, § 2-1-18 et seq.
  5. The requirements and policies may include, but are not limited to: requirements and policies for rights-of-way, open space, landscaping, connections of proposed streets and drainage systems with those of the surrounding neighborhood; public access through property to adjacent public property; and the relationship of proposed developments to natural and man-made features of the surrounding neighborhood.
  6. The regulations shall specify all necessary findings, formulas for calculations, and procedures for meeting the requirements and policies. These requirements and policies apply to all subdivisions and land development projects reviewed and/or administered under the local regulations.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2001, ch. 179, § 2; P.L. 2013, ch. 467, § 1; P.L. 2013, ch. 458, § 1; P.L. 2016, ch. 339, § 1; P.L. 2016, ch. 360, § 1.

Compiler’s Notes.

P.L. 2013, ch. 458, § 1, and P.L. 2013, ch. 467, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 339, § 1, and P.L. 2016, ch. 360, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2013, ch. 458, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

P.L. 2013, ch. 467, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

P.L. 2016, ch. 339, § 2, provides that the amendment to this section by that act takes effect on January 1, 2017.

P.L. 2016, ch. 360, § 2, provides that the amendment to this section by that act takes effect on January 1, 2017.

NOTES TO DECISIONS

In General.

While the regulations authorized by this section may require a subdivider to donate a portion of the subdivided ground for recreational purposes, such regulations may not specify a minimum percentage for such donation. Frank Ansuini, Inc. v. Cranston, 107 R.I. 63 , 264 A.2d 910, 1970 R.I. LEXIS 738 (1970).

Approval.

A planning board was required to approve a plan which contained 40,000 square feet per lot in a zone requiring 20,000 square feet even though there was pending at the time an amendment of the zoning ordinance increasing the required area to 80,000 square feet. Jeffrey v. Platting Bd. of Review, 103 R.I. 578 , 239 A.2d 731, 1968 R.I. LEXIS 833 (1968).

Collateral References.

Ordinances requiring developer to dedicate portion of land for recreational purposes. 43 A.L.R.3d 862.

45-23-45. General provisions — Public design and improvement standards.

  1. Public design and improvement standards for development projects shall be specified, through reasonable, objective standards and criteria, in the design and improvement standards section of the local regulations. Appropriate public improvement standards shall be specified for each area or district of the municipality. Standards may include, but are not limited to, specifications for rights-of-way, streets, sidewalks, lighting, landscaping, public access, utilities, drainage systems, fire protection, and soil erosion control.
  2. All public improvements required in a land development project or subdivision by a municipality shall reflect the physical character and design for that district that is specified by the municipality’s adopted comprehensive plan. Public improvement requirements and standards need not be the same in all areas or districts of a municipality. The technical details of the improvement standards may be contained in an appendix to the local regulations but shall be considered part of the regulations.
  3. A town or city that requires the installation of a common cistern or any other water reservoir for fire protection purposes in a residential subdivision may, by ordinance, provide the developer the option in lieu thereof to require the installation of code-compliant residential sprinkler systems in structures for human habitation.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2001, ch. 179, § 2; P.L. 2018, ch. 212, § 1; P.L. 2018, ch. 268, § 1.

Compiler’s Notes.

P.L. 2018, ch. 212, § 1, and P.L. 2018, ch. 268, § 1 enacted identical amendments to this section.

45-23-46. General provisions — Construction and/or improvement guarantees.

  1. The local regulations shall require planning board approval of agreements for the completion of all required public improvements prior to final plan approval in the form of (1) completion of actual construction of all improvements, (2) improvement guarantees, or (3) combination thereof.
  2. Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval. All construction shall be inspected and approved under the direction of the administrative officer and according to local regulations.
  3. Improvement guarantees shall be in an amount and with all necessary conditions to secure for the municipality the actual construction and complete installation of all the required improvements, within the period specified by the planning board. The amount shall be based on actual cost estimates for all required public improvements and these estimates shall be reviewed and approved by the planning board. The board may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate for economic or construction conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.
  4. The security shall be in the form of a financial instrument acceptable to the approving authority and shall enable the municipality to gain timely access to the secured funds, for cause.
  5. The local regulations shall establish procedures for the setting of improvement guarantee amounts, for inspections of improvements, for acceptance of improvements by the municipality and for the release of the improvement guarantees to the applicant. Procedures may include provisions for partial releases of the guarantees as stages of the improvements are completed, inspected and approved under the coordination of the administrative officer and reported to the planning board.
  6. In the cases of developments and subdivisions which are being approved and constructed in phases, the planning board shall specify improvement guarantee requirements related to each particular phase.
  7. The planning board may also require maintenance guarantees to be provided for a one year period subsequent to completion, inspection and acceptance of the improvement(s) unless there are extenuating circumstances.
  8. Procedures for the acceptance of required improvements shall stipulate that all improvements, once inspected and approved, shall be accepted by the municipality or other appropriate municipal agency for maintenance and/or part of the municipal system.
  9. The municipality is granted the power to enforce the guarantees by all appropriate legal and equitable remedies.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-47. General provisions — Requirements for dedication of public land — Public improvements and fees.

Where a municipality requires, as a condition of approval of a proposed land development or subdivision project, dedication of land to the public, public improvements, payment-in-lieu of dedication or construction, or payment to mitigate the impacts of a proposed project, local regulations must require the following:

  1. All required public improvements must reflect the character defined for that neighborhood or district by the community’s comprehensive plan;
  2. The need for all dedications of land to the public and for payments-in-lieu of dedications must be clearly documented in the adopted plan of the community, i.e., the comprehensive plan and the capital improvement plan;
  3. No dedications of land to the public or payments-in-lieu of dedications may be required until the need for the dedications are identified and documented by the municipality, the land proposed for dedication is determined to be appropriate for the proposed use, and the formulas for calculating a payment-in-lieu of dedication have been established in the local regulations;
  4. All dedications, improvements, or payments-in-lieu of dedication or construction, for mitigation of identified negative impacts of proposed projects must meet the previously stated standards. Furthermore, the significant negative impacts of the proposed development on the existing conditions must be clearly documented. The mitigation required as a condition of approval must be related to the significance of the identified impact; and
  5. All payment-in-lieu of dedication or construction to mitigate the impacts of the proposed development shall be kept in restricted accounts and shall only be spent on the mitigation of the identified impacts for which it is required.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-48. Special provisions — Phasing of projects.

  1. A municipality may provide for the preliminary and final review stages, and for the construction of major land developments and subdivisions, to be divided into reasonable phases.
  2. When local regulations allow development phasing, the regulations must require the following:
    1. Approval of the entire site design first as a master plan. Thereafter the development plans may be submitted for preliminary and/or final review and/or approval by phase(s).
    2. General standards and regulations for determining physical limits of phases, completion schedules, and guarantees, for allowing progression to additional phases, for allowing two (2) or more phases to proceed in review or construction simultaneously, for interim public improvements or construction conditions, for changes to master or preliminary plans and may include other provisions as necessitated by local conditions.
    3. The master plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.
  3. Vesting.  The master plan remains vested as long as it can be proved, to the satisfaction of the planning board, that work is proceeding on either the approval stages or on the construction of the development as shown in the approved master plan documents. Vesting extends to all information shown on the approved master plan documents.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-49. Special provisions — Land development projects.

  1. If municipalities provide for land development projects, as defined in § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991, the projects are subject to the local regulations.
  2. In these instances, the local regulations must include all requirements, procedures and standards necessary for proper review and approval of land development projects to ensure consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-49.1. Farmland residential compounds.

  1. The general assembly finds and declares that multiple dwelling units were historically common on farms because farming was a multi-generational way of life and because farm workers needed to be close to the land they worked; that this historical development pattern is centuries old, and that it is in the interest of the state to provide for the continuation of this development pattern as a means of preserving and enhancing agriculture and promoting sound development in rural areas of the state.
  2. Farmland residential compounds may be provided for by municipal ordinance as a minor land development project, consistent with the special provisions of this subdivision, which ordinances may treat farmland residential projects as a specific form of cluster development for purposes of zoning.
    1. Such farmland residential compounds shall only be allowed on agricultural operations, as defined in subsection 42-82-2(3) , that have a net annual income of twenty thousand dollars ($20,000) or more for the most recent three (3) consecutive years preceding the date of the application for the farmland residential compound, which income is directly attributable to said agricultural operations.
    2. Such farmland residential compounds shall be limited to one dwelling unit for the first twenty (20) acres and one dwelling unit for each additional twenty (20) acres to a maximum of five (5) dwelling units, which shall be allowable without subdivision of the farmland parcel into separate lots and without meeting frontage requirements.
    3. Any road necessary to provide access to the dwelling units shall be constructed in accordance with applicable standards for private roads and shall be owned and maintained by the agricultural operation.
    4. Water supply and waste water treatment (ISDS) for the farmland residential compound shall comply with standards for residential systems.
  3. The dwelling units of a farmland residential compound need not be located in a single area on the farm and may be constructed in phases consistent with the limitations and provisions set forth in subdivision (b) of this section.
  4. Approval of a farmland residential compound shall not affect eligibility to participate in programs for farmland preservation or for taxation of farm, forest and open space land.
  5. For any agricultural operation, farmland residential compounds shall be permitted only to the limits set forth in subdivision (b)(2) of this section; in the event that the agricultural operation is subsequently divided into two (2) or more agricultural operations, no additional farmland residential compound shall be permitted until ten (10) years after the date of the approval of the application for the prior farmland residential compound, and all of the requirements for a farmland residential compound shall apply to each farmland residential compound; in the event that the agricultural operation ceases and the farmland is subdivided, a parcel at least equal to the minimum residential lot size for the zone times the number of dwelling units in the farmland residential compound plus the road in which the farmland residential compound is located shall be dedicated to the farmland residential compound, which overall parcel shall include the water supply and waste water treatment systems for the farmland residential compound.

History of Section. P.L. 2006, ch. 406, § 1; P.L. 2006, ch. 452, § 1.

45-23-50. Special provisions — Development plan review.

  1. Municipalities may provide for development plan review, as defined in § 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to part of the local regulations.
  2. In these instances, local regulations must include all requirements, procedures and standards necessary for proper review and recommendations of projects subject to development plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 of the Rhode Island Zoning Enabling Act of 1991.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1996, ch. 404, § 36.

45-23-50.1. Special provisions — Unified development review.

  1. When a municipal zoning ordinance provides for unified development review pursuant to § 45-24-46.4 , the local regulations must include procedures for the filing, review, and approval of applications, pursuant to this section.
  2. Review of variances and special-use permits submitted under the unified development review provisions of the regulations shall adhere to the following procedures:
    1. Minor subdivisions and land-development projects.  Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions and land-development projects shall be submitted as part of the application materials for the preliminary plan stage of review. A public hearing on the application, including any variance and special-use permit requests that meets the requirements of subsection (c) of this section shall be held prior to consideration of the preliminary plan by the planning board or commission. The planning board or commission shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application for the minor subdivision or land-development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land-development project.
    2. Major subdivisions and land-development projects — Master plan.   Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of a special-use permit related to major subdivisions and land-development projects shall be submitted as part of the application materials for the master plan stage of review. A public hearing on the application, including any variance and special-use permit requests that meets the requirements of subsection (c) of this section, shall be held prior to consideration of the master plan by the planning board or commission. The planning board or commission shall conditionally approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the master plan application for the major subdivision or land-development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-development project.
    3. Major subdivisions and land-development projects — Preliminary plan.   During the preliminary plan stage of review, applicants shall have the ability to request alteration of any variance(s) and/or special-use permit(s) granted by the planning board or commission during the master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. A public hearing on the application, including any alterations and new requests, that meets the requirements of subsection (c) of this section, shall be held prior to consideration of the preliminary plan by the planning board or commission. The planning board or commission shall conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new special-use permit(s), before considering the preliminary plan application for the major subdivision or land-development project. Approval of the alteration(s), new variance(s), and/or new special-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-development project. If the planning board or commission denies the request for alteration(s), new variance(s), and/or new special-use permit(s), the planning board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the planning board or commission denies the request for alteration(s), new variance(s), and/or new special-use permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23-41(f) so that additional information can be provided and reviewed by the board or commission.
    4. Decision.  The time periods by which the planning board or commission must approve or deny applications for variances and special-use permits under the unified development review provisions of the local regulations shall be the same as the time periods by which the board must make a decision on the applicable review stage of the subdivision or land-development project under review.
  3. All subdivision and land-development applications that include requests for variances and/or special-use permits submitted under the development review provisions of the regulations shall require a singular public hearing, held pursuant to subsection (b) of this section. All such public hearings must meet the following requirements:
    1. Public hearing notice shall adhere to the requirements found in § 45-23-42(b) .
    2. The notice area for notice of the public hearing shall be specified in the local regulations, and shall, at a minimum, include all property located in or within not less than two hundred feet (200´) of the perimeter of the area included in the subdivision and/or land-development project. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if: (1) The notice area extends into the adjacent municipality; or (2) The development site extends into the adjacent municipality; or (3) There is a potential for significant negative impact on the adjacent municipality. Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c).
    3. Public notice shall indicate that dimensional variance(s), use variance(s) and/or special-use permit(s) are to be considered for the subdivision and/or land-development project.
    4. The cost of all public notice is to be borne by the applicant.
  4. The time periods by which the planning board or commission must approve or deny requests for variances and special-use permits under the unified development review provisions of a zoning ordinance shall be the same as the time periods by which the board must make a decision on the applicable review stage of the subdivision or land development project under review.
  5. Requests for the variance(s) and/or special-use permits that are denied by the planning board or commission may be appealed to the board of appeal pursuant to § 45-23-66 .

History of Section. P.L. 2016, ch. 527, § 3.

45-23-51. Local regulations — Authority to create and administer regulations.

The city or town council shall empower, by ordinance, the planning board to adopt, modify and amend regulations and rules governing land development and subdivision projects within that municipality and to control land development and subdivision projects pursuant to those regulations and rules.

History of Section. P.L. 1992, ch. 385, § 1.

NOTES TO DECISIONS

Preemption.

The Development Review Act is an act of general application that would supersede an inconsistent home rule charter provision directing a town council to act as a planning board or commission. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

Scope of Authority.

Pursuant to this section of the Development Review Act, control of land development and subdivision projects is required to be conferred upon the planning board. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

45-23-52. Local regulations — Procedure for adoption and amendment.

  1. The local planning board, once authorized by the ordinance required under § 45-23-51 , shall adopt or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision review regulations.
  2. Provisions of the local regulations and appendices shall be presented in text and may incorporate maps, and other technical and graphic material. The local regulations, and all of their amendments, shall be consistent with all provisions of this chapter as well as the municipality’s comprehensive plan and zoning ordinance.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-53. Local regulations — Public hearing and notice requirements.

  1. No local regulations shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city or town planning board. The city or town planning board shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the municipality at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. At this hearing, opportunity shall be given to all persons interested on being heard upon the matter of the proposed regulations. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
    1. Specify the place of the hearing and the date and time of its commencement;
    2. Indicate that adoption, amendment, or repeal of local regulations is under consideration;
    3. Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety, or may summarize or describe the matter under consideration as long as the intent and effect of the proposed regulation is expressly written in that notice;
    4. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
    5. State that the proposals shown on the notice may be altered or amended prior to the close of the public hearing without further advertising as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
  2. Notice of the public hearing shall be sent by first-class mail to the city or town planning board of any municipality where there is a public or quasi-public water source, or private water source that is used, or is suitable for use, as a public water source, located within two thousand feet (2,000´) of the municipal boundaries.
  3. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source, located within either the municipality or two thousand feet (2,000´) of the municipal boundaries; provided, that a map survey has been filed with the building inspector as specified in § 45-24-53(f) .
  4. Notwithstanding any of the requirements set forth in subsections (a) through (c) above, each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the local regulations. Municipalities shall annually provide public notice of the existence of the registry by a publication of notice in a newspaper of general circulation within the municipality. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.
    1. Provided, however, notice pursuant to a public notice registry as per this section does not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 45-24-31(4) .
  5. No defect in the form of any notice under this section renders any regulations invalid, unless the defect is found to be intentional or misleading.
  6. The requirements in this section are to be construed as minimum requirements.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 57, § 2; P.L. 2013, ch. 185, § 1; P.L. 2013, ch. 235, § 1; P.L. 2014, ch. 528, § 70; P.L. 2019, ch. 191, § 2; P.L. 2019, ch. 244, § 2.

Compiler’s Notes.

P.L. 2013, ch. 185, § 1, and P.L. 2013, ch. 235, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 191, § 2, and P.L. 2019, ch. 244, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2014, ch. 528, § 71 provides that the amendment to this section by that act takes effect on December 31, 2014.

NOTES TO DECISIONS

Initiative and Referendum.

An initiative and referendum provision of a town’s charter would not be competent to authorize the procedure to be used to adopt or to amend either a regulation for the subdivision of land or an ordinance regulating zoning in the town. The requirement of a meaningful public hearing and the rights of land owners that underlie the requirement cannot be compatible with an ordinance adopted by an initiative or referendum. L.A. Ray Realty v. Town Council of Cumberland, 603 A.2d 311, 1992 R.I. LEXIS 23 (1992).

45-23-54. Local regulations — Publication and availability.

  1. Printed copies of the local regulations shall be available to the general public and shall be revised to include all amendments. Any appendices shall also be available. A reasonable charge may be made for copies.
  2. Upon publication of local regulations and any amendments to the local regulations, the municipality shall send a copy to the state law library.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 57, § 2; P.L. 2019, ch. 191, § 2; P.L. 2019, ch. 244, § 2.

Compiler’s Notes.

P.L. 2019, ch. 191, § 2, and P.L. 2019, ch. 244, § 2 enacted identical amendments to this section.

45-23-55. Administration — The administrative officer.

  1. Local administration of the local regulations is under the direction of the administrative officer, who reports to the planning board.
  2. The local regulations specify the process of appointment and the responsibilities of the administrative officer who oversees and coordinates the review, approval, recording and enforcement provisions of the local regulations. The administrative officer serves as the chair of the technical review committee, where established. The local regulations state minimum qualifications for this position regarding appropriate education, training or experience in land use planning and site plan review.
  3. The administrative officer is responsible for coordinating reviews of proposed land development projects and subdivisions with adjacent municipalities as is necessary to be consistent with applicable federal, state and local laws and as directed by the planning board.
  4. Enforcement of the local regulations is under the direction of the administrative officer. The officer is responsible for coordinating the enforcement efforts of the zoning enforcement officer, the building inspector, planning department staff, the city or town engineer, the department of public works and other local officials responsible for the enforcement or carrying out of discrete elements of the regulations.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-56. Administration — Technical review committee.

  1. The planning board may establish a technical review committee of not fewer than three (3) members, to conduct technical reviews of applications subject to their jurisdiction. Where a technical review committee is established, the administrative officer shall serve as chairperson. Membership of this subcommittee, to be known as the technical review committee, may include, but is not limited to, members of the planning board, planning department staff, other municipal staff representing departments with responsibility for review or enforcement, conservation commissioners or other duly appointed local public commission members.
  2. If the planning board establishes a technical review committee, the board shall adopt written procedures establishing the committee’s responsibilities.
  3. Reports of the technical review committee to the planning board shall be in writing and kept as part of the permanent documentation on the development application. In no case shall the recommendations of the technical review committee be binding on the planning board in its activities or decisions. All reports of the technical review committee shall be made available to the applicant prior to the meeting of the planning board meeting at which the reports are first considered.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1.

NOTES TO DECISIONS

Preemption.

A town’s charter provision authorizing the town council to control land development and subdivision projects could not supersede the Development Review Act because such grant of authority would be inconsistent with this section. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

45-23-57. Administration — The board of appeal.

The city or town council shall establish the city or town zoning board of review as the board of appeal to hear appeals of decisions of the planning board or the administrative officer on matters of review and approval of land development and subdivision projects.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-58. Administration — Administrative fees.

Local regulations adopted pursuant to this chapter may provide for reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the applicant for the adequate review and hearing of applications, issuance of permits and recordings of subsequent decisions.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-59. Administration — Violations and penalties.

  1. Local regulations adopted pursuant to this chapter shall provide for a penalty for any violation of the local regulations, or for a violation of any terms or conditions of any action imposed by the planning board or of any other agency or officer charged in the regulations with enforcement of any of the provisions.
  2. Violation of the regulations include any action related to the transfer or sale of land in unapproved subdivisions. Any owner, or agent of the owner, who transfers, sells or negotiates to sell any land by reference to or exhibition of, or by other use, a plat of the subdivision before the plat has been approved by the planning board and recorded in the municipal land evidence records, is in violation of the local regulations and subject to the penalties described in this chapter.
  3. The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed five hundred dollars ($500) for each violation, and each day of existence of any violation is deemed to be a separate offense. Any fine shall inure to the municipality.
  4. The municipality may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction in the name of the municipality, to restrain the violation of, or to compel compliance with, the provisions of its local regulations. A municipality may consolidate an action for injunctive relief and/or fines under the local regulations in the superior court of the county in which the subject property is located.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-60. Procedure — Required findings.

  1. All local regulations shall require that for all administrative, minor, and major development applications the approving authorities responsible for land development and subdivision review and approval shall address each of the general purposes stated in § 45-23-30 and make positive findings on the following standard provisions, as part of the proposed project’s record prior to approval:
    1. The proposed development is consistent with the comprehensive community plan and/or has satisfactorily addressed the issues where there may be inconsistencies;
    2. The proposed development is in compliance with the standards and provisions of the municipality’s zoning ordinance;
    3. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;
    4. The subdivision, as proposed, will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of Buildable lot). Lots with physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans; and
    5. All proposed land developments and all subdivision lots have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered in compliance with this requirement.
  2. Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2000, ch. 327, § 1.

45-23-61. Procedure — Precedence of approvals between planning board and other local permitting authorities.

  1. Zoning board.
    1. Where an applicant requires both a variance from the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional zoning board relief, and then return to the planning board for subsequent required approval(s).
    2. Where an applicant requires both a special-use permit under the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special-use permit from the zoning board, and then return to the planning board for subsequent required approval(s).
  2. City or town council.  Where an applicant requires both planning board approval and council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the council, and then return to the planning board for subsequent required approval(s).

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2016, ch. 527, § 2.

45-23-62. Procedure — Waivers — Modifications and reinstatement of plans.

  1. Waiver of development plan approval.
    1. A planning board may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the planning board finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements.
    2. The application for a waiver of development plan approval review shall include documentation, as required by the planning board, on prior use of the site, the proposed use, and its impact.
  2. Waiver and/or modification of requirements.  The planning board has the power to grant waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purposes and intents of the provisions for local regulations. The only grounds for waivers and/or modifications are where the literal enforcement of one or more provisions of the regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the municipality’s comprehensive plan and zoning ordinance.
  3. Local regulations shall include provisions for reinstatement of development applications when the deadlines set in the local regulations and approval agreements for particular actions are exceeded and the development application or approval is therefore rendered invalid. Where an approval has expired, the local regulations shall specify the point in the review to which the application may be reinstated.
  4. Decision.  The planning board shall approve, approve with conditions or deny the request for either a waiver or modification as described in subsection (a) or (b) in this section, according to the requirements of § 45-23-63 .

History of Section. P.L. 1992, ch. 385, § 1.

45-23-63. Procedure — Meetings — Votes — Decisions and records.

  1. All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivisions projects under review by the planning board shall be available for public review.
  2. Participation in a planning board meeting or other proceedings by any party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
  3. All final written comments to the planning board from the administrative officer, municipal departments, the technical review committee, state and federal agencies, and local commissions are part of the permanent record of the development application.
  4. Votes.  All votes of the planning board shall be made part of the permanent record and show the members present and their votes. A decision by the planning board to approve any land development or subdivision application requires a vote for approval by a majority of the current planning board membership. A decision by the planning board to approve a variance or special-use permit pursuant to any adopted unified development review regulations requires a vote for approval by a majority of the planning board members that were present at the public hearing at which the request was heard.
  5. All written decisions of the planning board shall be recorded in the land evidence records within twenty (20) days after the planning board vote. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.

Compiler’s Notes.

P.L. 2017, ch. 109, § 1, and P.L. 2017, ch. 175, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Sanctions.

Trial court properly denied a shopping center developer’s petition for a writ of mandamus, wherein it sought to compel an administrative officer for a town planning board to issue a certificate of the board’s failure to act under R.I. Gen. Laws §§ 45-23-40(e) and 45-23-63(a) , and to thereby approve its master-plan application, as the developer did not show that it had a clear legal right to such relief; although the board had failed to issue a written decision within the time frame, as statutorily required, a sanction was not imposed statutorily for that conduct, and although the sanction of issuance of the certificate under R.I. Gen. Laws § 45-23-40(f) was for failure to act, the board’s oral vote to deny the application was sufficient compliance with the statutory directive and furthered the legislative intent under R.I. Gen. Laws § 45-23-29(c)(1) , (2). New Eng. Dev., LLC v. Berg, 913 A.2d 363, 2007 R.I. LEXIS 3 (2007).

45-23-63.1. Procedure — Tolling of expiration periods.

  1. Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval issued pursuant to the local regulations promulgated under this chapter shall be tolled until June 30, 2017. For the purposes of this section, “tolling” shall mean the suspension or temporary stopping of the running of the applicable permit or approval period.
  2. Said tolling need not be recorded in the land evidence records to be valid; however, a notice of the tolling must be posted in the municipal planning department and near the land evidence records.
  3. The tolling shall apply only to approvals or permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2017, and shall not revive expired approvals.
  4. The expiration dates for all permits and approvals issued before the tolling period began will be recalculated as of July 1, 2017, by adding thereto the number of days between November 9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration dates for all permits and approvals issued during the tolling period will be recalculated as of July 1, 2017, by adding thereto the number of days between the day the permit or approval was issued and the day the permit or approval otherwise would have expired.

History of Section. P.L. 2009, ch. 198, § 2; P.L. 2009, ch. 199, § 2; P.L. 2010, ch. 209, § 1; P.L. 2010, ch. 215, § 1; P.L. 2011, ch. 56, § 2; P.L. 2011, ch. 65, § 2; P.L. 2013, ch. 137, § 2; P.L. 2013, ch. 184, § 2; P.L. 2015, ch. 103, § 2; P.L. 2015, ch. 114, § 2; P.L. 2016, ch. 117, § 1; P.L. 2016, ch. 118, § 1.

Compiler’s Notes.

P.L. 2011, ch. 56, § 2, and P.L. 2011, ch. 65, § 2 enacted identical amendments to this section.

P.L. 2013, ch. 137, § 2, and P.L. 2013, ch. 184, § 2 enacted identical amendments to this section.

P.L. 2015, ch. 103, § 2, and P.L. 2015, ch. 114, § 2 enacted identical amendments to this section.

P.L. 2016, ch. 117, § 1, and P.L. 2016, ch. 118, § 1 enacted identical amendments to this section.

Applicability.

P.L. 2009, ch. 198, § 6, provides that the amendment to this section by that act takes effect upon passage [November 9, 2009] and applies only to approvals and permits in effect at the time of passage and shall not revive any expired approval or permit.

P.L. 2009, ch. 199, § 6, provides that the amendment to this section by that act takes effect upon passage [November 9, 2009] and applies only to approvals and permits in effect at the time of passage and shall not revive any expired approval or permit.

P.L. 2010, ch. 209, § 5, provides that the amendment to this section by that act takes effect upon passage [June 25, 2010], and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2011, and shall not revive any expired approval or permit.

P.L. 2010, ch. 215, § 5, provides that the amendment to this section by that act takes effect upon passage [June 25, 2010], and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2011, and shall not revive any expired approval or permit.

P.L. 2011, ch. 56, § 5 provides that the amendment to this section by that act takes effect upon passage [June 8, 2011] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2013 but shall not revive any expired approval or permit.

P.L. 2011, ch. 65, § 5 provides that the amendment to this section by that act takes effect upon passage [June 8, 2011] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2013 but shall not revive any expired approval or permit.

P.L. 2013, ch. 137, § 5, provides that the amendment to this section by that act takes effect on June 25, 2013 and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but shall not revive any expired approval or permit.

P.L. 2013, ch. 184, § 5, provides that the amendment to this section by that act takes effect on July 11, 2013 and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but shall not revive any expired approval or permit.

P.L. 2015, ch. 103, § 5, provides that the amendment to this section by that act takes effect upon passage [June 19, 2015] and shall apply to approvals and permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, but shall not revive any expired approval or permit.

P.L. 2015, ch. 114, § 5, provides that the amendment to this section by that act takes effect upon passage [June 19, 2015] and shall apply to approvals and permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, but shall not revive any expired approval or permit.

P.L. 2016, ch. 117, § 3, provides that the amendment to this section by that act takes effect upon passage [June 22, 2016] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2017, but shall not revive any expired approval or permit.

P.L. 2016, ch. 118, § 3, provides that the amendment to this section by that act takes effect upon passage [June 22, 2016] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2017, but shall not revive any expired approval or permit.

45-23-64. Procedure — Signing and recording of plats and plans.

  1. All approved final plans and plats for land development and subdivision projects are signed by the appropriate planning board official with the date of approval. Plans and plats for major land developments and subdivisions are signed by the planning board chairperson or the secretary of the planning board attesting to the approval by the planning board. All minor land development or subdivision plans and plats and administrative plats are signed by the planning board chairperson or secretary or the board’s designated agent.
  2. Upon signature, all plans and plats are submitted to the administrative officer prior to recording and filing in the appropriate municipal departments. The material to be recorded for all plans and plats include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the municipality, permits and agreements with state and federal reviewing agencies, and other information required by the planning board.
  3. Other parts of the applications record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, all legal agreements, records of the public hearing and the entire final approval set of drawings are permanently kept by the municipal departments responsible for implementation and enforcement.
  4. The administrative officer shall notify the statewide “911” emergency authority and the local police and fire authorities servicing the new plat with the information required by each of the authorities.

History of Section. P.L. 1992, ch. 385, § 1.

NOTES TO DECISIONS

In General.

Where approval, if any, by city planning commission of a proposed subdivision was not disclosed in the record, and evidence did not warrant a finding that petitioners had made a common law dedication of proposed street to the public or that an incipient dedication to the public resulted from the preparation of a plat, petitioners were not estopped from denying dedication. Vallone v. Cranston Dep't of Pub. Works, 97 R.I. 248 , 197 A.2d 310, 1964 R.I. LEXIS 81 (1964).

Ultra Vires Actions.

The ultra vires action of the town clerk in recording deeds that purported to convey less than the entire tract of contiguous land owned by the grantor prior to approval being obtained from the planning board did not bind the municipality and could not justifiably have been relied upon by the owner. Petrone v. Town of Foster, 769 A.2d 591, 2001 R.I. LEXIS 94 (2001).

Collateral References.

Regulations as to subdivision maps or plats. 11 A.L.R.2d 524.

Validity of municipal ordinance relating to subdivision maps or plats. 11 A.L.R.2d 532.

45-23-65. Procedure — Changes to recorded plats and plans.

  1. For all changes to the approved plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in § 45-23-64 .
  2. Minor changes, as defined in the local regulations, to a land development or subdivision plan may be approved administratively, by the administrative officer, whereupon a permit may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.
  3. Major changes, as defined in the local regulations, to a land development or subdivision plan may be approved, only by the planning board and must follow the same review and public hearing process required for approval of preliminary plans as described in § 45-23-41 .
  4. Rescission procedure.  The planning board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the comprehensive community plan and is not in compliance with the standards and provisions of the municipality’s zoning ordinance and/or land development and subdivision review regulations and shall hold a public hearing, which adheres to the requirements for notice described in § 45-23-42 . The planning board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat according to the requirements of § 45-23-63 . If it is necessary to abandon any street covered under chapter 6 of title 24, the planning board shall submit to the city or town council the documents necessary for the abandonment process. Once the required process for rescission or for rescission and abandonment has been completed, the revised plat shall be signed and recorded as specified in § 45-23-64 .

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1994, ch. 92, § 1.

NOTES TO DECISIONS

Waiver of Notice.

Although a developer claimed that there was no prior notice that a public water condition would be added to a subdivision approval, the trial court’s finding that the developer waived his right to challenge the sufficiency vel non of notice on constitutional and statutory grounds and pursuant to R.I. Gen. Laws § 42-46-6(b) was proper; the developer waived whatever preexisting procedural and statutory rights were his with respect to the meeting when he took the action of telling his attorney that he had, in the words of the trial court, agreed to add the condition of public water. D'Ellena v. Town of E. Greenwich, 21 A.3d 389, 2011 R.I. LEXIS 98 (2011).

45-23-66. Appeals — Right of appeal.

  1. Local regulations adopted pursuant to this chapter shall provide that an appeal from any decision of the planning board, or administrative officer charged in the regulations with enforcement of any provisions, except as provided in this section, may be taken to the board of appeal by an aggrieved party. Appeals from a decision granting or denying approval of a final plan shall be limited to elements of the approval or disapproval not contained in the decision reached by the planning board at the preliminary stage, providing that a public hearing has been held on the plan pursuant to § 45-23-42 .
  2. Local regulations adopted pursuant to this chapter shall provide that an appeal from a decision of the board of appeal may be taken by an aggrieved party to the superior court for the county in which the municipality is situated.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1.

45-23-67. Appeals — Process of appeal.

  1. An appeal to the board of appeal from a decision or action of the planning board or administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66 . The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s or town’s land evidence records and posted in the office of the city or town clerk.
  2. The appeal shall be in writing and state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, if the local regulations governing land development and subdivision review so provide.
  3. Upon receipt of an appeal, the board of appeal shall require the planning board or administrative officer to immediately transmit to the board of appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.

Compiler’s Notes.

P.L. 2017, ch. 109, § 1, and P.L. 2017, ch. 175, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Exhaustion of Administrative Remedies.

Where the planning board had attempted to exercise jurisdiction which is in excess of its statutory and regulatory power, it was not necessary for plaintiffs to exhaust their administrative remedies before bringing a declaratory action pursuant to § 9-30-1 et seq. Taylor v. Marshall, 119 R.I. 171 , 376 A.2d 712, 1977 R.I. LEXIS 1876 (1977).

Platting board of review does not have jurisdictional authority to decide scope of easement rights when approving a subdivision plan and allowing the public dedication of a road. Lett v. Caromile, 510 A.2d 958, 1986 R.I. LEXIS 492 (1986).

Parties.

The effect of the 1965 amendment to former § 45-23-16 was to make administrative review available to objectors to a proposed plat immediately upon its approval by the plan commission and is significant of a legislative intent to confer standing to claim judicial review on the applicant and other such property owners whose land either abuts on the proposed plat or is adjacent to it when they establish that a recordation of the plat may affect the value or use of their land. Paterson v. Corcoran, 100 R.I. 475 , 217 A.2d 88, 1966 R.I. LEXIS 463 (1966).

Stay of Order.

Where the supreme court found the superior court erred in dismissing an appeal from a platting board of review because dedication of a fifty-foot strip to give the subdivision access to the highway was presented to the board but not filed in the land records, the supreme court stayed approval of the plat until the subdivider should supplement the record by filing with the clerk of the supreme court evidence that there had been a dedication of the fifty-foot strip effectively protecting the public interest therein. Jeffrey v. Platting Bd. of Review, 103 R.I. 578 , 239 A.2d 731, 1968 R.I. LEXIS 833 (1968).

45-23-68. Appeals — Stay of proceedings.

An appeal stays all proceedings in furtherance of the action being appealed.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-69. Appeals — Public hearing.

  1. The board of appeal shall hold a public hearing on the appeal within forty-five (45) days of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of interest. At the hearing any party may appear in person, or be represented by an agent or attorney. The board shall render a decision within ten (10) days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the applicant.
  2. The board of appeal shall only hear appeals of the actions of a planning board or administrative officer at a meeting called especially for the purpose of hearing the appeals and which has been so advertised.
  3. The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained by the board of appeal.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-70. Appeals — Standards of review.

  1. As established by this chapter, in instances of a board of appeal’s review of a planning board or administrative officer’s decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the planning board or the administrative officer but must consider the issue upon the findings and record of the planning board or administrative officer. The board of appeal shall not reverse a decision of the planning board or administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.
  2. The concurring vote of three (3) of the five (5) members of the board of appeal sitting at a hearing, is necessary to reverse any decision of the planning board or administrative officer.
  3. In the instance where the board of appeal overturns a decision of the planning board or administrative officer, the proposed project application is remanded to the planning board or administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the planning board or administrative officer and/or for the final disposition, which shall be consistent with the board of appeal’s decision.
  4. The board of appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include in the written record the reasons for each decision.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-71. Appeals to the superior court.

  1. An aggrieved party may appeal a decision of the board of appeal, to the superior court for the county in which the municipality is situated by filing a complaint stating the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the office of the city or town clerk. The board of appeal shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies of the original documents, together with any other facts that may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the planning board shall be made parties to the proceedings. The appeal does not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.
  2. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the planning board and, if it appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.
  3. The court shall not substitute its judgment for that of the planning board as to the weight of the evidence on questions of fact. The court may affirm the decision of the board of appeal or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:
    1. In violation of constitutional, statutory, ordinance or planning board regulations provisions;
    2. In excess of the authority granted to the planning board by statute or ordinance;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

History of Section. P.L. 1992, ch. 385, § 1.

NOTES TO DECISIONS

Aggrieved Persons.

Nearby property owners objecting to a proposed plat did not have the status of aggrieved persons entitling them to appeal from a decision of the board of review approving the plat when they failed to show that the value or use of their property would be adversely affected by the proposed plat. Paterson v. Corcoran, 100 R.I. 475 , 217 A.2d 88, 1966 R.I. LEXIS 463 (1966).

A property owner qualifying within the restrictive language of former § 45-23-20 and establishing that the use or value of his property might be affected by a proposed subdivision is entitled to judicial review without first showing that the use or value of his property will in fact be adversely affected. Jeffrey v. Platting Bd. of Review, 103 R.I. 578 , 239 A.2d 731, 1968 R.I. LEXIS 833 (1968).

Property owners living within 1000 feet of a proposed subdivision which, they alleged, was not provided with adequate drainage and would damage their own land with surface water runoffs were aggrieved persons under former § 45-23-20. E. Grossman & Sons v. Rocha, 118 R.I. 276 , 373 A.2d 496, 1977 R.I. LEXIS 1456 (1977).

Applicability of Civil Rules of Procedure.

In an appeal from a decision of the town planning board of appeal to the superior court, Super. Ct. R. Civ. P. Rules 15 and 21 were applicable to a determination whether the plaintiff’s motion to amend his pleading to add required parties should be granted. Carbone v. Planning Bd. of Appeal, 702 A.2d 386, 1997 R.I. LEXIS 302 (1997).

If an appeal from a local planning board violates the conditions of Super. Ct. R. Civ. P. Rule 11, the court may apply sanctions under that rule. Carbone v. Planning Bd. of Appeal, 702 A.2d 386, 1997 R.I. LEXIS 302 (1997).

Nature of Review.

The legislature did not intend to provide for de novo review in the superior court; thus the scope of judicial review is limited to a search of the record to determine if there is any competent evidence upon which the decision of the board of review or planning board rests. E. Grossman & Sons v. Rocha, 118 R.I. 276 , 373 A.2d 496, 1977 R.I. LEXIS 1456 (1977).

Superior court reversal of board of review rejection of subdivision proposal was improper, where both sides presented evidence on the question of adequate drainage, and the credibility of the competing testimony was a matter to be determined at the administrative level. E. Grossman & Sons v. Rocha, 118 R.I. 276 , 373 A.2d 496, 1977 R.I. LEXIS 1456 (1977).

Trial court’s decision to allow subdivision to stand was affirmed since the record contained substantial evidence to indicate that the platting board of review’s decision comported with the requirements of this chapter. Lett v. Caromile, 510 A.2d 958, 1986 R.I. LEXIS 492 (1986).

This section does not require that a trial justice identify and cite all competent evidence in the record upon which a decision is based, nor does it limit “competent evidence” to evidence that establishes unequivocally that a proposed development will have deleterious effects on the surrounding area. Restivo v. Lynch, 707 A.2d 663, 1998 R.I. LEXIS 20 (1998).

Scope of Review.

Judicial review of the decision of a zoning board of review is confined to a search of the record to ascertain whether the decision rests upon competent evidence or is affected by an error of law. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

Supreme Court Review.

Although the enabling legislation concerning the subdivision of land, G.L. 1956 chapter 23 of title 45, does provide for appeal to the Superior Court from planning-board decisions, there is no statutory right of appeal to the Supreme Court. Because of the absence of a statutory provision for review by the Supreme Court of the Superior Court’s judgments in subdivision cases, such judgments are only reviewable in the Supreme Court by common law certiorari. Kirby v. Planning Bd. of Review, 634 A.2d 285, 1993 R.I. LEXIS 234 (1993).

45-23-72. Appeals to the superior court — Enactment of or amendment of local regulations.

  1. Any appeal of an enactment of or an amendment of local regulations may be taken to the superior court for the county in which the municipality is situated by filing a complaint, as stated in this section, within thirty (30) days after the enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal does not stay the enforcement of the local regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make any other orders that it deems necessary for an equitable disposition of the appeal.
  2. The complaint shall state with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality’s comprehensive plan; or the municipality’s zoning ordinance.
  3. The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, chapter 22.2 of this title; the Rhode Island Zoning Enabling Act of 1991, § 45-24-27 et seq.; the municipality’s comprehensive plan; or the municipality’s zoning ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not consistent. The court shall not revise the local regulations to be consistent, but may suggest appropriate language as part of the court decision.
  4. The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney’s fees to any party to an appeal, as stated herein, including a municipality.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-73. Appeals to the superior court — Priority in judicial proceedings.

Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending and future appeals taken to the court, the court shall, at the request of either party, advance the case, so that the matter is afforded precedence on the calendar and be heard and determined with as little delay as possible.

History of Section. P.L. 1992, ch. 385, § 1.

45-23-74. Severability.

If any provision of this chapter or of any rule, regulation or determination made under this chapter, or the application of the provisions to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected by the invalidity. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1992, ch. 385, § 1.

Chapter 23.1 Mapped Streets

45-23.1-1. Establishment of official maps.

The city or town council of any city or town having a plan commission established pursuant to chapters 22 and 23 of this title or pursuant to any special act applicable to certain cities or towns, is authorized and empowered to establish an official map of the city or town identifying and showing the location of the streets of the city or town existing and established by law as public streets and the exterior lines of other streets deemed necessary by the city or town council for sound physical development. A public hearing in relation to the map shall precede the adoption, at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days’ notice of a public hearing shall be published in a newspaper of general circulation in the city or town. Before adoption of the ordinance, the city or town council shall refer the matter to the plan commission for a report on the map, but if the plan commission does not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived. The city or town council shall certify the fact of the establishment of an official map to the city or town recorder.

History of Section. P.L. 1962, ch. 89, § 1; P.L. 1972, ch. 198, § 1.

Comparative Legislation.

Official maps:

Conn. Gen. Stat. § 8-29.

Mass. Ann. Laws ch. 41, §§ 81E, 81F.

NOTES TO DECISIONS

Purpose.

The stated purpose of chapter 23.1 of title 45 is to conserve and promote the public health, safety, morals, and general welfare. Sawyer v. Cozzolino, 595 A.2d 242, 1991 R.I. LEXIS 146 (1991).

Ownership.

The placing of any street or street line upon an official town map does not in and of itself constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes, and the fee title and ownership of land contained in the plat therefore remained in the owners of the lots at the time the plat was recorded. Mill Realty Assocs. v. Zoning Bd. of Review of Coventry, 721 A.2d 887, 1998 R.I. LEXIS 333 (1998).

Collateral References.

Regulations as to subdivision maps or plats. 11 A.L.R.2d 524.

45-23.1-1.1. Establishment or opening of streets not implied.

  1. The placing of any street or street line upon the official map does not in and of itself constitute nor is it deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes; provided, that in the town of North Kingstown, regularly performed maintenance by the town, upon any paved mapped street of at least forty feet (40´) in width, for a period of not less than twenty (20) years, constitutes the opening or establishment of a street as a public way.
  2. For the purposes of this section the term “regularly performed maintenance” is construed to include snow plowing and salting and sanding operations, and any type of repair work regularly undertaken by the city or town.

History of Section. P.L. 1972, ch. 198, § 2; P.L. 1987, ch. 393, § 1.

45-23.1-2. Additions and changes.

  1. A city or town council is authorized and empowered to make, from time to time, additions to or modifications of the official map by placing on it the exterior lines of planned new streets or street extensions, widenings, narrowings, or vacations.
  2. No changes become effective until after a public hearing in relation to the changes, at which parties in interest and citizens shall have an opportunity to be heard.
  3. At least ten (10) days’ notice of a public hearing shall be published in a newspaper of general circulation in the city or town.
  4. Before making additions or changes, the city or town council shall refer the matter to the plan commission for a report, but if the plan commission shall not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived.
  5. The locating, widening, or closing, or the approval of the locating, widening, or closing of streets by the city or town, under provisions of law other than those contained in this chapter, are deemed to be changes or additions to the official map, and are subject to all the provisions of this chapter except provisions relating to public hearing and referral to the plan commission.

History of Section. P.L. 1962, ch. 89, § 1; P.L. 1972, ch. 198, § 1.

45-23.1-3. Regulation of buildings in bed of mapped streets.

  1. For the purpose of preserving the integrity of the official map of a city or town, the city or town council is authorized and empowered to provide by ordinance that no permit shall be issued for any building in the bed of any street shown on the official map except as provided in this section.
  2. Whenever one or more parcels of land upon which is located the bed of a mapped street cannot yield a reasonable return to the owner unless a building permit is granted, the zoning board of review in a city or town which has established a board, or the city or town council in any city or town which has not established a board, may, in a specific case after public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others have an opportunity to be heard, grant a permit for a building in the bed of the mapped street which will, as little as practicable, increase the cost of opening the street, or tend to cause a minimum change of the official map, and the board or council, as the case may be, may impose reasonable requirements as a condition of granting the permit to promote the health, safety, morals, and general welfare of the public.
  3. The board or council shall refer the application to the plan commission for a report and a recommendation before taking action, and shall refuse a permit where the applicant will not be substantially damaged by placing his or her building outside the mapped street.

History of Section. P.L. 1962, ch. 89, § 1.

45-23.1-4. Buildings not on mapped streets.

  1. A city or town council is authorized and empowered to provide by ordinance that no permit for the erection of any building shall be issued unless the building lot abuts a street which has been placed on the official map giving access to the proposed structure, and that before a permit is issued, the street has been certified to be suitably improved, or suitable improvements have been assured by means of a performance guarantee, in accordance with rules and regulations adopted in the same manner as rules and regulations for subdivisions as provided in chapter 23 of this title.
  2. Where the enforcement of this section would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the structure to be related to a street, the board or council may, in a specific case and after a public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others have an opportunity to be heard, make reasonable exceptions and issue a permit subject to conditions that will assure adequate access for firefighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map.

History of Section. P.L. 1962, ch. 89, § 1.

45-23.1-5. Appeals.

  1. Any person aggrieved by any decision of the board or council may present to the supreme court a verified petition stating that the decision is illegal in whole or in part and specifying the grounds of illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision.
  2. Upon presentation of the petition, the court may allow a writ of certiorari directed to the board or council to review the decision of the board or council, and shall prescribe in the writ the time within which a return shall be made, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on due cause shown, grant a restraining order.
  3. The board or council is not required to return the original papers acted on by it, but it is sufficient to return certified or sworn copies of the original papers, or portions of them, as may be called for by the writ. The return shall concisely state other facts that may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
  4. If upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a master to take evidence as it may direct, and report the evidence to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
  5. The court may reverse or affirm wholly or partly or may modify the decision brought up for review.

History of Section. P.L. 1962, ch. 89, § 1.

NOTES TO DECISIONS

In General.

This section requires a verified petition to the supreme court from zoning board decisions in cases arising under this statute. As such, the aggrieved party is obligated to follow the outlined procedure for review and cannot select which court will review his case. Statutes prescribing the time and manner of procedure to be followed by a litigant attempting to secure a review of his or her case in an appellate court are to be strictly construed. Potter v. Chettle, 574 A.2d 1232, 1990 R.I. LEXIS 108 (1990).

45-23.1-6. Purpose.

This chapter is declared to be for the purpose of conserving and promoting the public health, safety, morals, and general welfare.

History of Section. P.L. 1962, ch. 89, § 1.

45-23.1-7. Severability.

If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected by the invalidity.

History of Section. P.L. 1962, ch. 89, § 1.

Chapter 24 Zoning Ordinances

45-24-1 — 45-24-26. Repealed.

Repealed Sections.

Former §§ 45-24-1 — 45-24-26 (G.L. 1909, ch. 57, § 8; P.L. 1921, ch. 2069, §§ 1 — 7; G.L. 1923, ch. 57, §§ 1 — 7; P.L. 1923, ch. 430, §§ 1, 2; P.L. 1931, ch. 1762, § 1; G.L. 1938, ch. 342, §§ 1 — 8; P.L. 1949, ch. 2293, § 1; G.L. 1956, §§ 45-24-1 — 45-24-21; R.P.L. 1957, ch. 83, § 1; P.L. 1965, ch. 39, § 1; P.L. 1967, ch. 173, §§ 1, 3; P.L. 1968, ch. 270, § 1; P.L. 1968, ch. 271, § 1; P.L. 1969, ch. 68, § 1; P.L. 1969, ch. 239, § 48; P.L. 1970, ch. 131, § 1; P.L. 1970, ch. 150, § 1; P.L. 1970, ch. 176, § 1; P.L. 1972, ch. 11, § 1; P.L. 1972, ch. 256, § 1; P.L. 1973, ch. 108, § 1; P.L. 1973, ch. 234, § 1; P.L. 1974, ch. 194, § 1; P.L. 1974, ch. 203, § 1; P.L. 1974, ch. 211, § 1; P.L. 1975, ch. 210, § 1; P.L. 1976, ch. 19, § 1; P.L. 1976, ch. 92, § 2; P.L. 1976, ch. 114, § 1; P.L. 1977. ch. 30, § 1; P.L. 1977, ch. 105, § 1; P.L. 1977, ch. 257, § 1; P.L. 1978, ch. 35, § 1; P.L. 1978, ch. 156, § 1; P.L. 1978, ch. 314, § 1; P.L. 1979, ch. 263, § 1; P.L. 1979, ch. 404, § 1; P.L. 1980, ch. 62, § 1; P.L. 1980, ch. 314, § 1; P.L. 1981, ch. 417, § 1; P.L. 1982, ch. 104, § 1; P.L. 1983, ch. 171, § 1; P.L. 1984, ch. 138, § 1; P.L. 1984, ch. 302, § 1; P.L. 1985, ch. 27, § 1; P.L. 1985, ch. 52, § 1; P.L. 1985, ch. 56, § 1; P.L. 1985, ch. 115, § 1; P.L. 1986, ch. 220, § 1; P.L. 1986, ch. 256, §§ 3, 4; P.L. 1986, ch. 460, § 1; P.L. 1987, ch. 204, § 1; P.L. 1987, ch. 531, § 1; P.L. 1988, ch. 84, § 104; P.L. 1988, ch. 108, § 1; P.L. 1988, ch. 122, § 1; P.L. 1988, ch. 160, § 1; P.L. 1988, ch. 250, § 1; P.L. 1988, ch. 322, § 1; P.L. 1988, ch. 548, § 1; P.L. 1988, ch. 658, § 1; P.L. 1990, ch. 64, § 1; P.L. 1990, ch. 202, § 2; P.L. 1991, ch. 23, § 1; P.L. 1991, ch. 85, § 1; P.L. 1991, ch. 384, § 1) concerning the scope and procedure for enforcement of zoning ordinances, were repealed by P.L. 1991, ch. 307, § 1, as amended by P.L. 1993, ch. 36, § 2, P.L. 1993, ch. 144, § 2, and P.L. 1994, ch. 92, § 3, effective December 31, 1994.

45-24-27. Title.

Sections 45-24-27 through 45-24-72 shall be known as the “Rhode Island Zoning Enabling Act of 1991”.

History of Section. P.L. 1991, ch. 307, § 1.

Cross References.

Airport zoning, §§ 1-3-1 1-3-33 .

Exemption of low rate housing projects, § 45-25-21 .

Housing projects, zoning to allow, § 45-25-24 .

Redevelopment projects, zoning and rezoning, §§ 45-32-10 , 45-32-19 , 45-32-42 .

Comparative Legislation.

Zoning:

Conn. Gen. Stat. § 8-1 et seq.

Mass. Ann. Laws ch. 40A, § 1 et seq.

NOTES TO DECISIONS

Constitutionality.

Former Statute did not constitute an undue extension of the police power as to violate the U.S. Const., Amend. XIV or R.I. Const., Art. I, § 16 . City of Providence v. Stephens, 47 R.I. 387 , 133 A. 614, 1926 R.I. LEXIS 63 (1926).

In General.

Zoning statute distinguished from Hazardous-Waste-Management Act. See Gryguc v. Bendick, 510 A.2d 937, 1986 R.I. LEXIS 487 (1986).

Amendment or Repeal of Ordinance.

If an original ordinance is void the amendment thereto is likewise void unless it can be said to be complete and perfect in and of itself. Commerce Oil Refining Corp. v. Miner, 170 F. Supp. 396, 1959 U.S. Dist. LEXIS 3728 (D.R.I. 1959), set aside, 281 F.2d 465, 1960 U.S. App. LEXIS 4244 (1st Cir. 1960).

Local legislatures have no authority to enact zoning regulations or to amend existing zoning regulations other than that conferred upon it in the pertinent provisions of the enabling legislation. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961).

A zoning ordinance amendment that reclassified a lot from residential to limited business-multifamily repealed the original ordinance to the extent that it conflicted with the amendment. Camara v. City of Warwick, 116 R.I. 395 , 358 A.2d 23, 1976 R.I. LEXIS 1287 (1976).

Judicial Notice of Ordinances.

The supreme court might well take judicial notice that many municipalities of this state have enacted zoning ordinances pursuant to the authority of the enabling act, chapter 24 of title 45, but it will not invoke the doctrine of judicial notice for the purpose of establishing the enactment of a municipal ordinance containing a provision repealing some prior municipal ordinance. Lincoln v. Cournoyer, 95 R.I. 280 , 186 A.2d 728, 1962 R.I. LEXIS 162 (1962).

Merging of Substandard Lots.

Merger provision in a town zoning ordinance, requiring the combination of substandard lots, does not create a new subdivision, and owners who are denied permits to build residences on such lots are required to pursue applications for a variance or an exception. McKendall v. Barrington, 571 A.2d 565, 1990 R.I. LEXIS 54 (1990).

Preemption.

Land development constitutes a valid exercise of police power, and is a matter of statewide concern, preempting charter provisions or pre-existing special statutes on the same subject. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

Special Zoning Enabling Acts.

An inadvertent reference to this chapter by the drafter in an act enabling earth-removal ordinances was deemed to refer to the special zoning enabling act under which a town’s general zoning ordinance was passed, so that a statute which allowed the town to regulate all facets of an earth-removal operation did not supersede a zoning ordinance specifying the uses to which land in various zoning districts can be devoted. Kingsley v. Miller, 120 R.I. 372 , 388 A.2d 357, 1978 R.I. LEXIS 689 (1978).

Validity of Ordinances.

R.I. Const., Art. I, § 10 , does not apply to a proceeding attacking the validity of a zoning ordinance but only to persons accused of crimes. City of Providence v. Stephens, 47 R.I. 387 , 133 A. 614, 1926 R.I. LEXIS 63 (1926).

A petitioner seeking to conduct the business of selling automobiles in a general business district cannot attack the validity of the zoning ordinance on which he relied when he filed his application for an exception or a variance by alleging the city council had no power to prohibit such business. Madden v. Zoning Bd. of Review, 89 R.I. 131 , 151 A.2d 681, 1959 R.I. LEXIS 60 (1959).

Since compliance by a party with a local building ordinance would not afford that party a defense if that party’s use of his property constituted a nuisance, there is no need for a court to pass on the validity of such ordinances. Commerce Oil Refining Corp. v. Miner, 281 F.2d 465, 1960 U.S. App. LEXIS 4244 (1st Cir.), cert. denied, 364 U.S. 910, 81 S. Ct. 274, 5 L. Ed. 2d 225, 1960 U.S. LEXIS 107 (1960).

A town council is not authorized to incorporate in a zoning ordinance any provision governing the division and subdivision of land. Kane v. Zoning Bd. of Review, 97 R.I. 152 , 196 A.2d 421, 1964 R.I. LEXIS 56 (1964).

Zoning ordinance merger provision, by which contiguous lots are merged to form individual lots under single ownership, has a valid purpose, since it operates to decrease congestion in the streets and to prevent the overcrowding of land by limiting the number of new dwellings. Brum v. Conley, 572 A.2d 1332, 1990 R.I. LEXIS 76 (1990).

Trial court clearly erred by finding that alterations to a hotel were not permissible under R.I. Gen. Laws § 45-24-40(c) , and the trial justice exceeded her authority under R.I. Gen. Law § 45-24-69(d) by misconstruing a city ordinance concerning alterations to nonconforming uses, as the ordinance did not prohibit alterations without a variance and the hotel’s improvements relating to the decking, stairs, parking area, and courtyards did not expand or change the use, or otherwise violate the ordinance. Cohen v. Duncan, 970 A.2d 550, 2009 R.I. LEXIS 61 (2009).

Collateral References.

Accessory or incidental purposes, construction and application of provision of zoning ordinance permitting use for. 150 A.L.R. 494.

Application of zoning regulations to college fraternities or sororities. 25 A.L.R.3d 921.

Application of zoning regulations to motels or motor courts. 23 A.L.R.3d 1210.

Application of zoning regulations to radio or television facilities. 81 A.L.R.3d 1086.

Area of parcel that may be covered by building, validity of regulations as to. 27 A.L.R. 443.

Attack upon validity of zoning statute or ordinance as affected by provisions for variations, permits, etc. 136 A.L.R. 1378.

Billboards and outdoor advertising, regulation of, by zoning ordinances. 58 A.L.R.2d 1314.

Buffer provision in zoning ordinance as applicable to abutting land in adjoining municipality. 48 A.L.R.3d 1303.

Building height regulations, validity of. 8 A.L.R.2d 963.

Cemeteries, zoning regulations in relation to. 96 A.L.R.3d 921.

Churches, zoning regulations as affecting. 62 A.L.R.3d 197.

Constitutionality of variation provisions of zoning statutes or ordinances. 58 A.L.R.2d 1083.

Construction and application of zoning laws setting minimum lot size requirements. 2 A.L.R.5th 553.

Creation of restricted residence districts from which business buildings or multiple residences are excluded. 19 A.L.R. 1395; 33 A.L.R. 287; 38 A.L.R. 1496; 43 A.L.R. 668; 54 A.L.R. 1030; 86 A.L.R. 659; 117 A.L.R. 1117.

Governmental projects, applicability of zoning regulations to. 61 A.L.R.2d 970.

Intoxicating liquor, zoning regulations in respect to. 9 A.L.R.2d 877.

Laches as defense in suit by governmental entity to enjoin zoning violation. 73 A.L.R.4th 870.

Local use zoning of wetlands or flood plain as taking without compensation. 19 A.L.R.4th 756.

Lodging or boarding house conducted as a business, or taking roomers or boarders as incidental to principal use of premises as a home, as within prohibition of zoning statute or ordinance. 124 A.L.R. 1011.

Marketability of title as affected by zoning restrictions. 57 A.L.R. 1424.

Minimum area for house lots, or certain area proportionate to number of families to be housed, reasonableness and validity of zoning regulations prescribing. 96 A.L.R.2d 716.

Minimum dimensions or floor area of buildings, validity of zoning regulations prescribing. 149 A.L.R. 1440.

Ordinance protecting historic landmarks. 18 A.L.R.4th 990.

Ordinances regulating commercial video game enterprises. 38 A.L.R.4th 930.

Parking places, privately owned, zoning regulations as to. 29 A.L.R.2d 867.

Propriety of Federal Court’s Abstention, Under Younger v. Harris, 401 U.S. 37, 91 S. Ct. 756, 27 L. Ed. 2d 669 (1971), to Avoid Interference in Ongoing State Proceedings Involving Land Use and Zoning. 55 A.L.R. Fed 2d 261.

Radio equipment as within zoning ordinance. 75 A.L.R.3d 1095; 81 A.L.R.3d 1086.

Religious groups, building restrictions as applied to. 148 A.L.R. 367.

Restrictions on use of real property, or remedies in respect of them, as affected by zoning law. 48 A.L.R. 1437; 54 A.L.R. 843.

Subsequent alteration, addition, extension, or substitution of existing buildings, validity and construction of zoning or building ordinance prohibiting or regulating. 64 A.L.R. 920.

Validity and construction of zoning laws setting minimum requirements for floorspace or cubic footage inside residence. 87 A.L.R.4th 294.

Validity and effect of “interim” zoning ordinance. 30 A.L.R.3d 1196.

Validity of “war zone” ordinances restricting location of sex-oriented businesses. 1 A.L.R.4th 1297.

Variations and exceptions based on esthetic considerations, in zoning regulations. 168 A.L.R. 44.

What constitutes “family” within meaning of zoning regulation. 71 A.L.R.3d 693.

Zoning authority as estopped from revoking legally issued building permit. 26 A.L.R.5th 736.

Zoning ordinance regarding protest by neighboring property owners. 4 A.L.R.4th 732.

Zoning ordinance relating to operation of junkyard or scrap metal plant. 50 A.L.R.3d 837.

Zoning regulation prohibiting or restricting location of billiard rooms and bowling alleys. 100 A.L.R.3d 252.

Zoning regulations as applied to automatic vending machines. 11 A.L.R.3d 1004.

Zoning regulations as applied to homes or housing for the elderly. 83 A.L.R.3d 1103.

Zoning regulations in relation to cemeteries. 96 A.L.R.3d 921.

Zoning: residential off-street parking requirements. 71 A.L.R.4th 529.

45-24-28. Continuation of ordinances — Supercession — Relation to other statutes.

  1. Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992, shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be brought into conformance with this chapter by December 31, 1994. Each city and town shall review its zoning ordinance and make amendments or revisions that are necessary to bring it into conformance with this chapter.
  2. All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter, except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992.
  3. Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including, but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter 1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham); chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null and void as of December 31, 1994, unless amended so as to conform to the provisions of this chapter.
  4. Chapter 24.1 of this title, entitled “Historical Area Zoning”, and chapter 3 of title 1, entitled “Airport Zoning”, are not superseded by this chapter; provided, that any appeal to the superior court pursuant to chapter 24.1 of this title, entitled “Historical Area Zoning”, or pursuant to chapter 3 of title 1, entitled “Airport Zoning”, is taken in the manner provided in § 45-24-69 .
  5. Nothing in this chapter shall be construed to limit the authority of agencies of state government to perform any regulatory responsibilities.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1993, ch. 36, § 2; P.L. 1993, ch. 144, § 2; P.L. 1994, ch. 92, § 3.

NOTES TO DECISIONS

In General.

Where a town was governed by a special law which provided authority to enact zoning ordinances, this chapter was not applicable and a complaint for violation of a zoning ordinance which charged that the ordinance was enacted pursuant to this chapter should have been dismissed without prejudice. Johnston v. Barrett, 100 R.I. 405 , 216 A.2d 513, 1966 R.I. LEXIS 450 (1966).

45-24-29. Legislative findings and intent.

    1. The general assembly recognizes and affirms in §§ 45-24-27 through 45-24-72 that the findings and goals stated in § 45-22.2-3 present findings and goals with which zoning must be consistent.
    2. The general assembly further finds that:
      1. The zoning enabling statutes contained in §§ 45-24-1 through 45-24-26, repealed as of December 31, 1994, were largely enacted in 1921;
      2. The character of land development and related public and private services have changed substantially in the intervening years;
      3. It is necessary to provide for innovative land development practices to enable cities and towns to adequately regulate the use of land and employ modern land development practices;
      4. It is necessary to take full account of the requirement that each city and town amend its zoning ordinance to conform to, and be consistent with, its comprehensive plan adopted pursuant to chapter 22.2 of this title, and to all the elements contained therein; and
      5. A substantial updating and revision of the original statutory zoning enabling authority is required to meet these changed conditions.
    3. It is therefore found that the preparation and implementation of zoning ordinances is necessary to address the findings and needs identified in this section; to protect the public health, safety, and general welfare; to allow the general assembly to carry out its duty to provide for the conservation of the natural resources of the state; and to adopt all means necessary and proper by law for the preservation, regeneration, and restoration of the natural environment of the state in accordance with R.I. Const., Art. I, Sec. XVI and XVII; to promote good planning practice; and to provide for sustainable economic growth in the state.
  1. Therefore, it is the intent of the general assembly:
    1. That the zoning enabling authority contained in this chapter provide all cities and towns with adequate opportunity to address current and future community and statewide needs;
    2. That the zoning enabling authority contained in this chapter require each city and town to conform its zoning ordinance and zoning map to be consistent with its comprehensive plan developed pursuant to chapter 22.2 of this title;
    3. Except as prohibited pursuant to §§ 45-24-30(b) , 45-24-30(c) , or 45-24-30(d) , that the zoning enabling authority contained in this chapter empower each city and town with the capability to establish and enforce standards and procedures for the proper management and protection of land, air, and water as natural resources, and to employ contemporary concepts, methods, and criteria in regulating the type, intensity, and arrangement of land uses, and provide authority to employ new concepts as they may become available and feasible;
    4. That the zoning enabling authority contained in this chapter permit each city and town to establish an economic impact commission whose duties would be to advise municipalities on the economic impact new zoning changes would have on cities and towns and private property owners, and to assist municipalities in determining financial impacts when new or changed zoning adversely affects business climate, land use, property value, natural and historic resources, industrial use, or development of private property; and may permit the use of land and buildings within the groundwater protection zones for agricultural purposes and shall encourage the use of farmland in a manner that is consistent with the protection of groundwater resources; and
    5. That each city and town amend its zoning ordinance to comply with the terms of this chapter.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1993, ch. 36, § 2; P.L. 1993, ch. 144, § 2; P.L. 1994, ch. 92, § 3; P.L. 1999, ch. 420, § 1; P.L. 2015, ch. 218, § 3.

NOTES TO DECISIONS

Amendments to Comprehensive Plan.

A town council’s approval of amendments regarding electromagnetic fields to its comprehensive plan invaded the field of public utilities regulation which the legislature has expressly preempted from town and city intrusion under § 39-1-30 . The amendments affected the manner of operation or the placement of equipment of a public utility and amounted to more than an innocuous general policy statement. Town of E. Greenwich v. Narragansett Elec. Co., 651 A.2d 725, 1994 R.I. LEXIS 298 (1994).

Failure to Conform Zoning Ordinances to Comprehensive Plan.

When a developer’s proposal allegedly complied with a city’s zoning ordinances but did not comply with the city’s comprehensive plan, the developer was not entitled to approval of the developer’s plan due to the city’s alleged failure to bring the city’s zoning ordinances into compliance with the city’s comprehensive plan within 18 months after the plan was approved because the 18-month requirement was directory, rather than mandatory, as, inter alia, no sanction for non-compliance with the requirement was prescribed. West v. McDonald, 18 A.3d 526, 2011 R.I. LEXIS 53 (2011).

Jurisdiction.

The granting of authority to municipal governments in the zoning or planning and land use statutes fails to rise to the level of an express statement that municipalities have been granted the power to regulate the tidal waters to which the state holds title. Town of Warren v. Thornton-Whitehouse, 740 A.2d 1255, 1999 R.I. LEXIS 196 (1999).

45-24-30. General purposes of zoning ordinances.

  1. Zoning regulations shall be developed and maintained in accordance with a comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 of this title and shall be designed to address the following purposes. The general assembly recognizes these purposes, each with equal priority and numbered for reference purposes only.
    1. Promoting the public health, safety, and general welfare.
    2. Providing for a range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.
    3. Providing for orderly growth and development that recognizes:
      1. The goals and patterns of land use contained in the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title;
      2. The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;
      3. The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;
      4. The values of unique or valuable natural resources and features;
      5. The availability and capacity of existing and planned public and/or private services and facilities;
      6. The need to shape and balance urban and rural development; and
      7. The use of innovative development regulations and techniques.
    4. Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
    5. Providing for the protection of the natural, historic, cultural, and scenic character of the city or town or areas in the municipality.
    6. Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.
    7. Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.
    8. Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.
    9. Providing opportunities for the establishment of low- and moderate-income housing.
    10. Promoting safety from fire, flood, and other natural or unnatural disasters.
    11. Promoting a high level of quality in design in the development of private and public facilities.
    12. Promoting implementation of the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title.
    13. Providing for coordination of land uses with contiguous municipalities, other municipalities, the state, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.
    14. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
    15. Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.
    16. Providing opportunities for reasonable accommodations in order to comply with the Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act, chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

      Provided, however, that any zoning ordinance in which a community sets forth standards or requirements for the location, design, construction, or maintenance of on-site wastewater treatment systems shall first be submitted to the director of the department of environmental management for approval as to the technical merits of the ordinance. In addition, any zoning ordinance in which a municipality sets forth standards regarding wetland requirements, shall first be submitted to the director of the department of environmental management for approval as to the technical merits of the ordinance.

  2. Upon the effective date of this section, a city or town shall no longer be authorized to adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or that specify setback distances between an onsite wastewater treatment system and a freshwater wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland.
  3. Upon promulgation of state regulations to designate wetland buffers and setbacks pursuant to §§ 2-1-18 through 2-1-28 , cities and towns shall be prohibited from applying the requirements in existing zoning ordinances pertaining to both wetland buffers and onsite wastewater treatment system setbacks to development applications submitted to a municipality after the effective date of said state regulations. All applications for development that were submitted to a municipality prior to the effective date of state regulations designating wetland buffers and setbacks, will remain subject to, as applicable, the zoning provisions pertaining to wetland buffers or setbacks for onsite wastewater treatment systems that were in effect at the time the application was originally filed or granted approval, subject to the discretion of the municipality to waive such requirements. Nothing herein shall rescind the authority of a city or town to enforce local zoning requirements.
  4. Cities and towns shall act to amend their ordinances and regulations to conform to this section within twelve (12) months of the effective date of state regulations referenced herein.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1996, ch. 213, § 1; P.L. 1999, ch. 83, § 128; P.L. 1999, ch. 130, § 128; P.L. 2012, ch. 369, § 1; P.L. 2012, ch. 388, § 1; P.L. 2015, ch. 218, § 3.

Compiler’s Notes.

P.L. 2012, ch. 369, § 1, and P.L. 2012, ch. 388, § 1 enacted identical amendments to this section.

Federal Act References.

Fair Housing Amendments Act of 1988. The United States Fair Housing Amendments Act of 1988, referred to in subdivision (16), is codified primarily in Chapter 45 of 42 U.S.C. See 42 U.S.C. § 3601.

NOTES TO DECISIONS

Amendatory Power.

The limit of power of local legislatures in the enactment of a zoning ordinance apply to an exercise of the amendatory power only to the extent that the change effected by such amendment must be in conformity with the comprehensive plan, because haphazard or improper zoning may result as well from an exercise of the amendatory power as from an exercise of the power to enact an original ordinance. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961).

Local legislatures have no authority to enact zoning regulations or to amend existing zoning regulations other than that conferred upon it in the pertinent provisions of the enabling legislation. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961).

When changing zoning regulations by amending a part of the ordinance, the local legislature is required to have such change conform to the comprehensive plan of zoning in effect in the municipality, this requirement being mandatory. Town & County Mobile Homes v. Inspector of Bldgs., 93 R.I. 383 , 175 A.2d 556, 1961 R.I. LEXIS 119 (1961).

A town may amend its zoning ordinance to exempt from its provisions the erection by the town or any of its agencies of a building for governmental purposes and an amendment exempting such erection for “public or municipal purposes” will be construed as such an amendment. Nunes v. Bristol, 102 R.I. 729 , 232 A.2d 775, 1967 R.I. LEXIS 745 (1967).

Requirements of a zoning ordinance, other than that it be made in accordance with a comprehensive plan, are directory only and absent some extraordinary circumstance, the trial justice need not consider allegations of noncompliance with these directory provisions. Camara v. City of Warwick, 116 R.I. 395 , 358 A.2d 23, 1976 R.I. LEXIS 1287 (1976).

A zoning amendment is a legislative act and as such the amendment can go no further than the enabling act. Camara v. City of Warwick, 116 R.I. 395 , 358 A.2d 23, 1976 R.I. LEXIS 1287 (1976).

A zoning ordinance amendment is required to conform to the comprehensive plan of zoning in effect in the community and need not conform with the master plan adopted by the planning board. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976); Roberts v. Woonsocket, 575 F.2d 339, 1978 U.S. App. LEXIS 11053 (1st Cir. 1978).

This section prohibits any arbitrary or discriminatory exercise of the amendatory power and an action will lie to invalidate a conditional amendment on the ground that it is arbitrary and not in keeping with the comprehensive plan because it bears no reasonable relationship to the public health, safety and welfare. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976); Roberts v. Woonsocket, 575 F.2d 339, 1978 U.S. App. LEXIS 11053 (1st Cir. 1978).

Zoning ordinance amendment complied with the statutory requirement of comprehensiveness in zoning, where the classification was consistent with the zoning pattern in the area. Verdecchia v. Johnston Town Council, 589 A.2d 830, 1991 R.I. LEXIS 64 (1991).

Comprehensive Plan.

The requirement that the zoning regulations conform to a comprehensive plan is mandatory and strict compliance therewith is required of a local legislature when it enacts a zoning ordinance. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961); Camara v. City of Warwick, 116 R.I. 395 , 358 A.2d 23, 1976 R.I. LEXIS 1287 (1976); Mesolella v. Providence, 439 A.2d 1370, 1982 R.I. LEXIS 797 (1982).

The reason for the statutory requirement of a “comprehensive plan” is to avoid an arbitrary, unreasonable or capricious exercise of the zoning power, resulting in haphazard or piecemeal zoning. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961).

The phrase “comprehensive plan” was not intended to preclude change and preserve inviolate use districts established in an original zoning ordinance, but it contemplates revision and change in the regulations to whatever extent that may be accomplished by a valid exercise of the police power delegated to the local legislature. Hadley v. Harold Realty Co., 97 R.I. 403 , 198 A.2d 149, 1964 R.I. LEXIS 99 (1964).

When a relatively small area is rezoned for multi-family dwellings and that small area remains completely surrounded, with the exception of the eastern boundary, by predominately one-family homes in an A zone (one-family dwellings), the city council has not acted in accordance with the comprehensive plan as required by this section. Toole v. May-Day Realty Corp., 101 R.I. 379 , 223 A.2d 545, 1966 R.I. LEXIS 402 (1966).

It was in accordance with a comprehensive plan to zone for commercial use a parcel of four lots which adjoined a residential area on one side when all other property on both sides of the highway on which the parcel was located as far as the eye could see in either direction was devoted to commercial use. Willey v. Town Council of Barrington, 106 R.I. 544 , 261 A.2d 627, 1970 R.I. LEXIS 956 (1970).

Although it was contemplated in zoning land as residential that certain nonconforming tracts within the zone would be rezoned “Business D” on request of the owners, the rezoning of a tract as “Business D” on condition that, if not used for an automobile sales agency, it would be rezoned residential did not conform to a comprehensive plan. Oury v. Greany, 107 R.I. 427 , 267 A.2d 700, 1970 R.I. LEXIS 790 (1970).

The phrase “comprehensive plan” was intended by the General Assembly to require that zoning power be exercised in accordance with police power and that every rule-making act bear a rational relationship to public health, safety, morals, and general welfare. Johnson & Wales College v. DiPrete, 448 A.2d 1271, 1982 R.I. LEXIS 996 (1982).

Initiative and Referendum.

An initiative and referendum provision of a town’s charter would not be competent to authorize the procedure to be used to adopt or to amend either a regulation for the subdivision of land or an ordinance regulating zoning in the town. The requirement of a meaningful public hearing and the rights of land owners that underlie the requirement cannot be compatible with an ordinance adopted by an initiative or referendum. L.A. Ray Realty v. Town Council of Cumberland, 603 A.2d 311, 1992 R.I. LEXIS 23 (1992).

Jurisdiction.

The granting of authority to municipal governments in the zoning or planning and land use statutes fails to rise to the level of an express statement that municipalities have been granted the power to regulate the tidal waters to which the state holds title. Town of Warren v. Thornton-Whitehouse, 740 A.2d 1255, 1999 R.I. LEXIS 196 (1999).

Spot Zoning.

The validity of spot zoning in a particular case depends upon whether the zoning authority operated within the limitations prescribed by the enabling act. D'Angelo v. Knights of Columbus Bldg. Ass'n, 89 R.I. 76 , 151 A.2d 495, 1959 R.I. LEXIS 59 (1959).

“Spot zoning” is a term normally applied to changes in the zoning classification of a relatively small tract of land, making its use incompatible with the rest of the district. Verdecchia v. Johnston Town Council, 589 A.2d 830, 1991 R.I. LEXIS 64 (1991).

Validity.

Since amendment of a zoning ordinance is a legislative act, there is an initial presumption that it is valid. Camara v. City of Warwick, 116 R.I. 395 , 358 A.2d 23, 1976 R.I. LEXIS 1287 (1976).

Where the facts and circumstances of the individual case do not raise inferences of illegal spot zoning, the presumption of validity of the town council’s action in amending the zoning ordinance includes the presumption that the amendment was in accordance with the comprehensive plan. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

A plaintiff bears a heavy burden in attempting to invalidate a zoning ordinance because it does not follow a comprehensive plan in accordance with this section, and a court may strike down an amendment only if the amendment bears no reasonable relationship to the public health, safety or welfare. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976); Roberts v. Woonsocket, 575 F.2d 339, 1978 U.S. App. LEXIS 11053 (1st Cir. 1978).

The party challenging a zoning amendment has the burden of proving that the so-called comprehensive plan has not been followed. Mesolella v. Providence, 439 A.2d 1370, 1982 R.I. LEXIS 797 (1982).

If an amendment to a local zoning ordinance reasonably relates to the public health, safety, or welfare, then the comprehensive plan remains intact and the amendment is valid. Mesolella v. Providence, 439 A.2d 1370, 1982 R.I. LEXIS 797 (1982).

Local ordinances drawing distinction between a college and a religious institution in reference to dormitories and imposing off-street parking requirements applicable solely to colleges violated plaintiff-college’s right to equal protection under the fourteenth amendment, where the record contained no evidence that established any sort of rational basis for such distinction, nor was there evidence in record that provided a rationale for the city to establish differing parking requirements. Johnson & Wales College v. DiPrete, 448 A.2d 1271, 1982 R.I. LEXIS 996 (1982).

Variance.

It was error for the trial court to uphold a special exception granted by the board of zoning review, where there was no finding by either the board or the trial court of adequate provision for sewage treatment for the proposed development. Guiberson v. Roman Catholic Bishop, 112 R.I. 252 , 308 A.2d 503, 1973 R.I. LEXIS 978 (1973).

Zoning board of review’s denial of an applicant’s request for a special use permit was left undisturbed because the board properly concluded that the applicant’s proposed safety measures did not overcome the risk of contamination to a pure water source that would have been created had the applicant’s request to install underground gasoline storage tanks over a water reservoir been granted. Serra v. Charlestown Zoning Bd. of Review, 2003 R.I. LEXIS 38 (R.I. Feb. 6, 2003).

Zoning Guides and Standards.

The provisions set out in former § 45-24-3 establish the objectives that are to be accomplished through an exercise of the zoning power by a local legislature. It is clear from the language used that they were intended to constitute norms and standards that would guide the local legislature in an exercise of the conferred power. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961); Hadley v. Harold Realty Co., 97 R.I. 403 , 198 A.2d 149, 1964 R.I. LEXIS 99 (1964).

It was congestion and hazard and not traffic increase that was within the contemplation of the legislature in providing that zoning regulations should be “designed to lessen congestion in the streets * * *.” Such fact was not competent for the testimony of a non-expert witness. Thomson Methodist Church v. Zoning Bd. of Review, 99 R.I. 675 , 210 A.2d 138, 1965 R.I. LEXIS 500 (1965).

Collateral References.

Airport and airport sites, zoning regulations as affecting. 161 A.L.R. 1232.

Areas or open spaces for light and air, validity of building regulation requiring. 9 A.L.R. 1040; 59 A.L.R. 518.

Construction and application of zoning laws setting minimum lot size requirements. 2 A.L.R.5th 553.

Schools, colleges, universities, and the like, zoning regulations as applied to. 64 A.L.R.3d 1087; 64 A.L.R.3d 1138; 74 A.L.R.3d 14; 74 A.L.R.3d 136.

Tourist camps, zoning regulations as to. 22 A.L.R.2d 793.

45-24-31. Definitions.

Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32 , they have the meanings stated in that section. In addition, the following words have the following meanings. Additional words and phrases may be used in developing local ordinances under this chapter; however, the words and phrases defined in this section are controlling in all local ordinances created under this chapter:

  1. Abutter.  One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.
  2. Accessory dwelling unit.  A dwelling unit: (i) Rented to and occupied either by one or more members of the family of the occupant or occupants of the principal residence; or (ii) Reserved for rental occupancy by a person or a family where the principal residence is owner occupied and that meets the following provisions:
    1. In zoning districts that allow residential uses, no more than one accessory dwelling unit may be an accessory to a single-family dwelling.
    2. An accessory dwelling unit shall include separate cooking and sanitary facilities, with its own legal means of ingress and egress, and is a complete, separate dwelling unit. The accessory dwelling unit shall be within, or attached to, the principal dwelling-unit structure or within an existing structure, such as a garage or barn, and designed so that the appearance of the principal structure remains that of a one-family residence.
  3. Accessory use.  A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.
  4. Aggrieved party.  An aggrieved party, for purposes of this chapter, shall be:
    1. Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, or its property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or
    2. Anyone requiring notice pursuant to this chapter.
  5. Agricultural land.  “Agricultural land,” as defined in § 45-22.2-4 .
  6. Airport hazard area.  “Airport hazard area,” as defined in § 1-3-2 .
  7. Applicant.  An owner, or authorized agent of the owner, submitting an application or appealing an action of any official, board, or agency.
  8. Application.  The completed form, or forms, and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.
  9. Buffer.  Land that is maintained in either a natural or landscaped state, and is used to screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.
  10. Building.  Any structure used or intended for supporting or sheltering any use or occupancy.
  11. Building envelope.  The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; or by any combination thereof.
  12. Building height.  For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four (4) corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the Rhode Island coastal resources management council (CRMC) suggested design elevation three foot (3´) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:
    1. The base flood elevation on the FEMA FIRM plus up to five feet (5´) of any utilized or proposed freeboard, less the average existing grade elevation; or
    2. The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten (10) years, or as otherwise necessary.
  13. Cluster.  A site-planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development, there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development.
  14. Common ownership.  Either:
    1. Ownership by one or more individuals or entities in any form of ownership of two (2) or more contiguous lots; or
    2. Ownership by any association (ownership may also include a municipality) of one or more lots under specific development techniques.
  15. Community residence.  A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This does not include halfway houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the following:
    1. Whenever six (6) or fewer children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community residences;
    2. A group home providing care or supervision, or both, to not more than eight (8) persons with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;
    3. A residence for children providing care or supervision, or both, to not more than eight (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of title 42;
    4. A community transitional residence providing care or assistance, or both, to no more than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor more than two (2) years. Residents will have access to, and use of, all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.
  16. Comprehensive plan.  The comprehensive plan adopted and approved pursuant to chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in compliance.
  17. Day care — Daycare center.   Any other daycare center that is not a family daycare home.
  18. Day care — Family daycare home.   Any home, other than the individual’s home, in which day care in lieu of parental care or supervision is offered at the same time to six (6) or less individuals who are not relatives of the caregiver, but may not contain more than a total of eight (8) individuals receiving day care.
  19. Density, residential.  The number of dwelling units per unit of land.
  20. Development.  The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; or any change in use, or alteration or extension of the use, of land.
  21. Development plan review.  The process whereby authorized, local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of the ordinance.
  22. District.  See “zoning-use district.”
  23. Drainage system.  A system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development; the means for preserving surface and groundwaters; and the prevention and/or alleviation of flooding.
  24. Dwelling unit.  A structure, or portion of a structure, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.
  25. Extractive industry.  The extraction of minerals, including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
  26. Family member.  A person, or persons, related by blood, marriage, or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.
  27. Floating zone.  An unmapped zoning district adopted within the ordinance that is established on the zoning map only when an application for development, meeting the zone requirements, is approved.
  28. Floodplains, or Flood hazard area.  As defined in § 45-22.2-4 .
  29. Freeboard.  A factor of safety expressed in feet above the base flood elevation of a flood hazard area for purposes of floodplain management. Freeboard compensates for the many unknown factors that could contribute to flood heights, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
  30. Groundwater.  “Groundwater” and associated terms, as defined in § 46-13.1-3 .
  31. Halfway house.  A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.
  32. Hardship.  See § 45-24-41 .
  33. Historic district or historic site.  As defined in § 45-22.2-4 .
  34. Home occupation.  Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit.
  35. Household.  One or more persons living together in a single-dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term “household unit” is synonymous with the term “dwelling unit” for determining the number of units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:
    1. A family, which may also include servants and employees living with the family; or
    2. A person or group of unrelated persons living together. The maximum number may be set by local ordinance, but this maximum shall not be less than three (3).
  36. Incentive zoning.  The process whereby the local authority may grant additional development capacity in exchange for the developer’s provision of a public benefit or amenity as specified in local ordinances.
  37. Infrastructure.  Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.
  38. Land-development project.  A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including, but not limited to, planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the zoning ordinance.
  39. Lot.  Either:
    1. The basic development unit for determination of lot area, depth, and other dimensional regulations; or
    2. A parcel of land whose boundaries have been established by some legal instrument, such as a recorded deed or recorded map, and that is recognized as a separate legal entity for purposes of transfer of title.
  40. Lot area.  The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.
  41. Lot area, minimum.  The smallest land area established by the local zoning ordinance upon which a use, building, or structure may be located in a particular zoning district.
  42. Lot building coverage.  That portion of the lot that is, or may be, covered by buildings and accessory buildings.
  43. Lot depth.  The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.
  44. Lot frontage.  That portion of a lot abutting a street. A zoning ordinance shall specify how noncontiguous frontage will be considered with regard to minimum frontage requirements.
  45. Lot line.  A line of record, bounding a lot, that divides one lot from another lot or from a public or private street or any other public or private space and shall include:
    1. Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall specify the method to be used to determine the front lot line on lots fronting on more than one street, for example, corner and through lots;
    2. Rear: the lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10´) in length entirely within the lot, parallel to and at a maximum distance from, the front lot line; and
    3. Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may be a street lot line, depending on requirements of the local zoning ordinance.
  46. Lot size, minimum.  Shall have the same meaning as “minimum lot area” defined herein.
  47. Lot, through.  A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) streets that do not intersect at the boundaries of the lot.
  48. Lot width.  The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.
  49. Mere inconvenience.  See § 45-24-41 .
  50. Mixed use.  A mixture of land uses within a single development, building, or tract.
  51. Modification.  Permission granted and administered by the zoning enforcement officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements from the zoning ordinance to a limited degree as determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of the applicable dimensional requirements.
  52. Nonconformance.  A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:
    1. Nonconforming by use: a lawfully established use of land, building, or structure that is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or
    2. Nonconforming by dimension: a building, structure, or parcel of land not in compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance is nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, is nonconforming by dimension.
  53. Overlay district.  A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts consistent with other applicable state and federal laws.
  54. Performance standards.  A set of criteria or limits relating to elements that a particular use or process must either meet or may not exceed.
  55. Permitted use.  A use by right that is specifically authorized in a particular zoning district.
  56. Planned development.  A “land-development project,” as defined in subsection (38), and developed according to plan as a single entity and containing one or more structures or uses with appurtenant common areas.
  57. Plant agriculture.  The growing of plants for food or fiber, to sell or consume.
  58. Preapplication conference.  A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.
  59. Setback line or lines.  A line, or lines, parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.
  60. Site plan.  The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
  61. Slope of land.  The grade, pitch, rise, or incline of the topographic landform or surface of the ground.
  62. Special use.  A regulated use that is permitted pursuant to the special-use permit issued by the authorized governmental entity, pursuant to § 45-24-42 . Formerly referred to as a special exception.
  63. Structure.  A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
  64. Substandard lot of record.  Any lot lawfully existing at the time of adoption or amendment of a zoning ordinance and not in conformance with the dimensional or area provisions of that ordinance.
  65. Use.  The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
  66. Variance.  Permission to depart from the literal requirements of a zoning ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are only two (2) categories of variance, a use variance or a dimensional variance.
    1. Use variance.  Permission to depart from the use requirements of a zoning ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the zoning ordinance.
    2. Dimensional variance.  Permission to depart from the dimensional requirements of a zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted are not grounds for relief.
  67. Waters.  As defined in § 46-12-1(23) .
  68. Wetland, coastal.  As defined in § 45-22.2-4 .
  69. Wetland, freshwater.  As defined in § 2-1-20 .
  70. Zoning certificate.  A document signed by the zoning-enforcement officer, as required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an authorized variance or modification therefrom.
  71. Zoning map.  The map, or maps, that are a part of the zoning ordinance and that delineate the boundaries of all mapped zoning districts within the physical boundary of the city or town.
  72. Zoning ordinance.  An ordinance enacted by the legislative body of the city or town pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or town’s legislative or home rule charter, if any, that establish regulations and standards relating to the nature and extent of uses of land and structures; that is consistent with the comprehensive plan of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that complies with the provisions of this chapter.
  73. Zoning-use district.  The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use districts include, but are not limited to: agricultural, commercial, industrial, institutional, open space, and residential. Each district may include sub-districts. Districts may be combined.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 83, § 128; P.L. 1999, ch. 130, § 128; P.L. 2004, ch. 286, § 8; P.L. 2004, ch. 324, § 8; P.L. 2009, ch. 310, § 55; P.L. 2011, ch. 32, § 1; P.L. 2011, ch. 36, § 1; P.L. 2012, ch. 342, § 1; P.L. 2013, ch. 458, § 2; P.L. 2013, ch. 467, § 2; P.L. 2016, ch. 337, § 1; P.L. 2016, ch. 361, § 1; P.L. 2018, ch. 165, § 1; P.L. 2018, ch. 244, § 1; P.L. 2019, ch. 104, § 1; P.L. 2019, ch. 144, § 1; P.L. 2019, ch. 214, § 1; P.L. 2019, ch. 267, § 1.

Compiler’s Notes.

P.L. 2011, ch. 32, § 1, and P.L. 2011, ch. 36, § 1 enacted identical amendments to this section.

P.L. 2013, ch. 458, § 2, and P.L. 2013, ch. 467, § 2 enacted identical amendments to this section.

P.L. 2016, ch. 337, § 1, and P.L. 2016, ch. 361, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 165, § 1, and P.L. 2018, ch. 244, § 1 enacted identical amendments to this section.

This section was amended by four acts ( P.L. 2019, ch. 104, § 1; P.L. 2019, ch. 144, § 1; P.L. 2019, ch. 214, § 1; P.L. 2019, ch. 267, § 1) as passed by the 2019 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

P.L. 2019, ch. 104, § 1, and P.L. 2019, ch. 144, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 214, § 1, and P.L. 2019, ch. 267, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2013, ch. 458, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

P.L. 2013, ch. 467, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

P.L. 2018, ch. 165, § 2, provides that the amendment to this section by that act takes effect on March 1, 2019.

P.L. 2018, ch. 244, § 2, provides that the amendment to this section by that act takes effect on March 1, 2019.

Law Reviews.

2001 Survey of Rhode Island Law, see 7 Roger Williams U.L. Rev. 403 (2002).

NOTES TO DECISIONS

Aggrieved Party.

Respondent adjoining property owners were aggrieved parties within the meaning of R.I. Gen. Laws §§ 45-24-31(4) and 45-24-69(a) and could appeal a decision of a town zoning board of review that petitioner property owners’ lot did not comply with the lot size requirements under town subdivision regulations. Murphy v. Zoning Bd. of Review of S. Kingstown, 959 A.2d 535, 2008 R.I. LEXIS 106 (2008).

Dimensional Variance.

As defined in this section, a dimensional variance may be granted only in connection with the enjoyment of a legally permitted beneficial use, not in conjunction with a use granted by special permit; consequently, the superior court was correct in determining that a special-use permit could not be combined with a dimensional variance. Newton v. Zoning Bd. of Review, 713 A.2d 239, 1998 R.I. LEXIS 205 (1998).

Although the provisions of R.I. Gen. Laws § 45-24-41(c)(3) (now (d)(3)) are applicable and relevant for a dimensional variance when seeking dimensional relief for lawfully permitted uses, the review should not focus on the use of the parcel because a legislative determination has been made previously that the use is appropriate and does not adversely affect the general character of the area; a permitted use, under R.I. Gen. Laws § 45-24-31 , is a use by right which is specifically authorized in a particular zoning district. Lischio v. Zoning Bd. of Review, 818 A.2d 685, 2003 R.I. LEXIS 57 (2003).

It was error to deny reasonable litigation expenses to homeowners who prevailed in a zoning dispute under the Equal Access to Justice for Small Businesses and Individuals Act, § 42-92-1 et seq., on grounds a zoning board was not an agency and the hearing on the landowners’ variance application was not an adjudicatory proceeding because (1) zoning boards could make rules and decide contested cases, so they were agencies, and (2) the denial of a variance was akin to denying a permit. Tarbox v. Zoning Bd. of Review, 142 A.3d 191, 2016 R.I. LEXIS 38 (2016).

Land Development Project.

The development of an urban retail shopping center spanning 31 parcels of land consisting of at least 13 acres of land area, proposed as a single entity, with one or more commercial structures including appurtenant parking areas and roadways, clearly fell within this provision’s definition of a coordinated site for a complex of units for commercial use subject to plan commission approval, and any local ordinance definition to the contrary was thus superseded. New Eng. Expedition-Providence v. City of Providence, 773 A.2d 259, 2001 R.I. LEXIS 164 (2001).

Nonconforming Use.

Municipal court’s decision that the keeping of horses on land belonging to owners was a lawful nonconforming use did not have res judicata effect in subsequent litigation because the municipal court’s jurisdiction was limited to the violation of ordinances and it was not of competent jurisdiction to determine whether a lawful nonconforming use existed. Duffy v. Milder, 896 A.2d 27, 2006 R.I. LEXIS 48 (2006).

Trial court clearly erred by finding that alterations to a hotel were not permissible under R.I. Gen. Laws § 45-24-40(c) , and the trial justice exceeded her authority under R.I. Gen. Law § 45-24-69(d) by misconstruing a city ordinance concerning alterations to nonconforming uses, as the ordinance did not prohibit alterations without a variance and the hotel’s improvements relating to the decking, stairs, parking area, and courtyards did not expand or change the use, or otherwise violate the ordinance. Cohen v. Duncan, 970 A.2d 550, 2009 R.I. LEXIS 61 (2009).

Use.

A town’s construction of its zoning and removal ordinances was overly broad since it interpreted the removal of earth by a farmer who built an irrigation pond as a “use” requiring a license and not an incidental activity. Town of N. Kingston v. Albert, 767 A.2d 659, 2001 R.I. LEXIS 62 (2001).

45-24-32. Contents of zoning ordinances.

The zoning ordinance consists of the ordinance and other text, together with all charts, graphs, and other explanatory material, and the zoning map together with any explanatory matter shown on the ordinance. All municipal zoning ordinances shall include at a minimum the following provisions listed below and further described in this chapter:

  1. A statement of purpose and consistency with the comprehensive plan;
  2. Definitions;
  3. General provisions;
  4. Special provisions;
  5. Procedures for the adoption of the ordinance or amendments;
  6. Procedures for the administration of the ordinance or amendments;
  7. Procedures for the appeal of the ordinance or amendments; and
  8. A zoning map and supporting documentation.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Municipal Discretion.

The zoning enabling act grants municipalities considerable discretion in choosing how best to fulfill the purposes of the act. Carlson v. Town of Smithfield, 723 A.2d 1129, 1999 R.I. LEXIS 43 (1999).

45-24-33. Standard provisions.

  1. A zoning ordinance addresses each of the purposes stated in § 45-24-30 and addresses, through reasonable objective standards and criteria, the following general provisions which are numbered for reference purposes only except as prohibited by §§ 45-24-30 (b), 45-24-30(c) , or 45-24-30(d) :
    1. Permitting, prohibiting, limiting, and restricting the development of land and structures in zoning districts, and regulating those land and structures according to their type and the nature and extent of their use;
    2. Regulating the nature and extent of the use of land for residential, commercial, industrial, institutional, recreational, agricultural, open space, or other use or combination of uses, as the need for land for those purposes is determined by the city or town’s comprehensive plan;
    3. Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and other development by performance standards, or other requirements, related to air and water and groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or the availability and capacity of existing and planned public or private services;
    4. Regulating within each district and designating requirements for:
      1. The height, number of stories, and size of buildings;
      2. The dimensions, size, lot coverage, floor area ratios, and layout of lots or development areas;
      3. The density and intensity of use;
      4. Access to air and light, views, and solar access;
      5. Open space, yards, courts, and buffers;
      6. Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other circulator systems;
      7. Landscaping, fencing, and lighting;
      8. Appropriate drainage requirements and methods to manage stormwater runoff;
      9. Public access to waterbodies, rivers, and streams; and
      10. Other requirements in connection with any use of land or structure;
    5. Permitting, prohibiting, limiting, and restricting development in flood plains or flood hazard areas and designated significant natural areas;
    6. Promoting the conservation of energy and promoting energy-efficient patterns of development;
    7. Providing for the protection of existing and planned public drinking water supplies, their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and watershed;
    8. Providing for adequate, safe, and efficient transportation systems; and avoiding congestion by relating types and levels of development to the capacity of the circulation system, and maintaining a safe level of service of the system;
    9. Providing for the preservation and enhancement of the recreational resources of the city or town;
    10. Promoting an economic climate that increases quality job opportunities and the overall economic well-being of the city or town and the state;
    11. Providing for pedestrian access to and between public and private facilities, including, but not limited to, schools, employment centers, shopping areas, recreation areas, and residences;
    12. Providing standards for, and requiring the provision of, adequate and properly designed physical improvements, including plantings, and the proper maintenance of property;
    13. Permitting, prohibiting, limiting, and restricting land use in areas where development is deemed to create a hazard to the public health or safety;
    14. Permitting, prohibiting, limiting, and restricting extractive industries and earth removal and requiring restoration of land after these activities;
    15. Regulating sanitary landfill, except as otherwise provided by state statute;
    16. Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor advertising devices;
    17. Designating airport hazard areas under the provisions of chapter 3 of title 1, and enforcement of airport hazard area zoning regulations under the provisions established in that chapter;
    18. Designating areas of historic, cultural, and/or archaeological value and regulating development in those areas under the provisions of chapter 24.1 of this title;
    19. Providing standards and requirements for the regulation, review, and approval of any proposed development in connection with those uses of land, buildings, or structures specifically designated as subject to development plan review in a zoning ordinance;
    20. Designating special protection areas for water supply and limiting or prohibiting development in these areas, except as otherwise provided by state statute;
    21. Specifying requirements for safe road access to developments from existing streets, including limiting the number, design, and location of curb cuts, and provisions for internal circulation systems for new developments, and provisions for pedestrian and bicycle ways; and
    22. Reducing unnecessary delay in approving or disapproving development applications through provisions for preapplication conferences and other means.
    23. Providing for the application of the Rhode Island Fair Housing Practices Act, chapter 37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights People with Disabilities Act, chapter 37 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.
    24. Regulating drive-through windows of varied intensity of use when associated with land-use activities and providing standards and requirements for the regulation, review, and approval of the drive-through windows, including, but not limited to:
      1. Identifying within which zoning districts drive-through windows may be permitted, prohibited, or permitted by special-use permit;
      2. Specifying requirements for adequate traffic circulation; and
      3. Providing for adequate pedestrian safety and access, including issues concerning safety and access for those with disabilities.
  2. A zoning ordinance may include special provisions for any or all of the following:
    1. Authorizing development incentives, including, but not limited to, additional permitted uses, increased development and density, or additional design or dimensional flexibility in exchange for:
      1. Increased open space;
      2. Increased housing choices;
      3. Traffic and pedestrian improvements;
      4. Public and/or private facilities; and/or
      5. Other amenities as desired by the city or town and consistent with its comprehensive plan. The provisions in the ordinance shall include maximum allowable densities of population and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions. Conditions may be made for donation in lieu of direct provisions for improvements or amenities;
    2. Establishing a system for transfer of development rights within or between zoning districts designated in the zoning ordinance; and
    3. Regulating the development adjacent to designated scenic highways, scenic waterways, major thoroughfares, public greenspaces, or other areas of special public investment or valuable natural resources.
  3. Slope of land shall not be excluded from the calculation of the buildable lot area or the minimum lot size, or in the calculation of the number of buildable lots or units.
  4. Nothing in this section shall be construed to restrict a municipality’s right, within state and local regulations, to establish its own minimum lot size per zoning district in its town or city.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1996, ch. 213, § 1; P.L. 1999, ch. 83, § 128; P.L. 1999, ch. 130, § 128; P.L. 2001, ch. 179, § 3; P.L. 2001, ch. 231, § 1; P.L. 2001, ch. 378, § 1; P.L. 2013, ch. 458, § 2; P.L. 2013, ch. 467, § 2; P.L. 2015, ch. 218, § 3.

Compiler’s Notes.

P.L. 2013, ch. 458, § 2, and P.L. 2013, ch. 467, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2013, ch. 458, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

P.L. 2013, ch. 467, § 3, provides that the amendment to this section by that act takes effect on January 1, 2014.

Federal Act References.

Fair Housing Amendments Act of 1988. The United States Fair Housing Amendments Act of 1988, referred to in subdivision (A)(23), is codified primarily in Chapter 45 of 42 U.S.C. See 42 U.S.C. § 3601.

NOTES TO DECISIONS

Jurisdiction.

The granting of authority to municipal governments in the zoning or planning and land use statutes fails to rise to the level of an express statement that municipalities have been granted the power to regulate the tidal waters to which the state holds title. Town of Warren v. Thornton-Whitehouse, 740 A.2d 1255, 1999 R.I. LEXIS 196 (1999).

45-24-34. General provisions — Purpose and consistency with comprehensive plan.

  1. A zoning ordinance adopted pursuant to this chapter shall provide a statement of its purposes. Those purposes shall be consistent with § 45-24-30 . A zoning ordinance adopted or amended pursuant to this chapter shall include a statement that the zoning ordinance is consistent with the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title, or as otherwise provided below and shall provide that in the instance of uncertainty in the construction or application of any section of the ordinance, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan.
  2. The city or town shall bring the zoning ordinance or amendment into conformance with its comprehensive plan as approved by the chief of the division of planning of the department of administration or the superior court in accordance with its implementation schedule as set forth in said plan. A zoning ordinance shall address and specify requirements for the coordination between contiguous communities, the state, and other agencies, as required by chapter 22.2 of this title.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1995, ch. 247, § 2; P.L. 2011, ch. 215, § 3; P.L. 2011, ch. 313, § 3.

Compiler’s Notes.

P.L. 2011, ch. 215, § 3, and P.L. 2011, ch. 313, § 3 enacted identical amendments to this section.

NOTES TO DECISIONS

Failure to Conform Zoning Ordinances to Comprehensive Plan.

When a developer’s proposal allegedly complied with a city’s zoning ordinances but did not comply with the city’s comprehensive plan, the developer was not entitled to approval of the developer’s plan due to the city’s alleged failure to bring the city’s zoning ordinances into compliance with the city’s comprehensive plan within 18 months after the plan was approved because the 18-month requirement was directory, rather than mandatory, as, inter alia, no sanction for non-compliance with the requirement was prescribed. West v. McDonald, 18 A.3d 526, 2011 R.I. LEXIS 53 (2011).

45-24-35. General provisions — Definitions.

A zoning ordinance adopted pursuant to this chapter shall provide definitions for words or terms contained in the ordinance where it is deemed appropriate. Words or terms contained in any zoning ordinance, whether or not defined in the ordinance, that are substantially similar to words or terms defined in § 45-24-31 shall be construed according to the definitions provided in this chapter.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-36. General provisions — Division into districts.

A zoning ordinance divides a city or town into zoning use districts, which may include overlay districts and floating zone districts, of the number, kind, type, shape, and area suitable to carry out the purposes of this chapter. Regulations and standards shall be consistent for each land use, type of development, or type of building or structure within a district, but may differ from those in other districts. Zoning use districts shall be depicted by type and location on the zoning map.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Constitutionality.

The regulated use within a district must be applicable to all property located within such district so as to avoid that discrimination which would be a denial of the equal protection of the laws, subject to the board of review’s jurisdiction to grant a variance from regulations which, if applied to a parcel of land within the district, cannot be met and, if insisted upon, would deprive the owner of the parcel of all beneficial use. Cole v. Zoning Bd. of Review, 102 R.I. 498 , 231 A.2d 775, 1967 R.I. LEXIS 720 (1967).

Change of Zoning.

If a residential area has become commercialized a change of zoning is not within the jurisdiction of the board of review. Assembly of God Church v. Zoning Bd. of Review, 91 R.I. 259 , 162 A.2d 554, 1960 R.I. LEXIS 86 (1960).

The zoning board cannot grant a variance by determining that a multi-unit apartment building is in harmony with the character of the neighborhood since the neighborhood was restricted to single-family dwellings, since the power to make said judgment is vested exclusively in the council. Staller v. Cranston Zoning Bd. of Review, 100 R.I. 340 , 215 A.2d 418, 1965 R.I. LEXIS 402 (1965).

Uniformity Requirement.

The imposition of conditions on land rezoned by amendment pursuant to former § 45-24-4.1 before the 1976 amendment of that section did not violate the uniformity requirement of former § 45-24-2 simply because those conditions were not imposed on land in the same use category but not covered by the amendment. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Collateral References.

Construction and application of provisions authorizing variations in application of, and special exceptions to, zoning regulations. 168 A.L.R. 13.

Construction and application of provisions of zoning regulations respecting permissible use, where lot or parcel is divided by zone boundary lines. 58 A.L.R.3d 1241.

Determination whether zoning or rezoning of particular parcel constitutes illegal spot zoning. 73 A.L.R.5th 223.

Limitation of area zoning, validity of zoning law as affected by. 165 A.L.R. 823.

Validity of zoning regulations with respect to uncertainty and indefiniteness of district boundary lines. 39 A.L.R.2d 766.

What zoning regulations are applicable to territory annexed to a municipality. 41 A.L.R.2d 1463.

45-24-37. General provisions — Permitted uses.

  1. The zoning ordinance shall provide a listing of all land uses and/or performance standards for uses that are permitted within the zoning use districts of the municipality.
  2. Notwithstanding any other provision of this chapter, the following uses are permitted uses within all residential zoning use districts of a municipality and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons:
    1. Households;
    2. Community residences; and
    3. Family daycare homes.
  3. Any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to remain temporarily upon the land by making timely application to the local building official for the purposes of obtaining the necessary permits to repair or rebuild the structure.
  4. Notwithstanding any other provision of this chapter, appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.
  5. Notwithstanding any other provision of this chapter, an accessory family dwelling unit in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation for family members with disabilities or who are sixty-two (62) years of age or older, or to accommodate other family members. The appearance of the structure shall remain that of a single-family residence and there shall be an internal means of egress between the principal unit and the accessory family dwelling unit. If possible, no additional exterior entrances should be added. Where additional entrance is required, placement should generally be in the rear or side of the structure. When the structure is serviced by an individual sewage disposal system, the applicant shall have the existing or any new system approved by the department of environmental management. The zoning enforcement officer shall require that a declaration of the accessory family dwelling unit for the family member, or members, and its restrictions be recorded in the land evidence records and filed with the zoning enforcement officer and the building official. Once the family members with disabilities or who are sixty-two (62) years of age or older, or any other family member, no longer reside(s) in the premises on a permanent basis, or the title is transferred, the property owner shall notify the zoning official in writing, and the accessory family dwelling unit shall no longer be permitted, unless there is a subsequent, valid application.
  6. When used in this section the terms “people with disabilities” or “member, or members, with disabilities” means a person(s) who has a physical or mental impairment that substantially limits one or more major life activities, as defined in § 42-87-1(7) .
  7. Notwithstanding any other provisions of this chapter, plant agriculture is a permitted use within all zoning districts of a municipality, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1996, ch. 213, § 1; P.L. 1998, ch. 360, § 1; P.L. 1999, ch. 83, § 128; P.L. 1999, ch. 130, § 128; P.L. 2008, ch. 172, § 1; P.L. 2008, ch. 176, § 1; P.L. 2011, ch. 282, § 1; P.L. 2011, ch. 401, § 1; P.L. 2012, ch. 342, § 1; P.L. 2016, ch. 503, § 1; P.L. 2016, ch. 520, § 1; P.L. 2019, ch. 214, § 1; P.L. 2019, ch. 267, § 1.

Compiler’s Notes.

P.L. 2011, ch. 282, § 1, and P.L. 2011, ch. 401, § 1 enacted identical amendments to this section.

P.L. 2016, ch. 503, § 1, and P.L. 2016, ch. 520, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 214, § 1, and P.L. 2019, ch. 267, § 1 enacted identical amendments to this section.

Effective Dates.

P.L. 2016, ch. 503, § 2, provides that the amendment to this section by that act takes effect on January 1, 2017.

P.L. 2016, ch. 520, § 2, provides that the amendment to this section by that act takes effect on January 1, 2017.

NOTES TO DECISIONS

Restrictive Covenants.

Restrictive covenant which allowed property owners to use their property “solely and exclusively for single family private residence purposes” did not allow a husband and wife to operate a family day care center in their home. Martellini v. Little Angels Day Care, Inc., 847 A.2d 838, 2004 R.I. LEXIS 51 (2004).

Collateral References.

Validity of provisions for amortization of nonconforming uses. 8 A.L.R.5th 391.

45-24-38. General provisions — Substandard lots of record.

Any city or town adopting or amending a zoning ordinance under this chapter shall regulate the use or uses of any single substandard lot of record or contiguous lots of record at the effective date of adoption or amendment of the zoning ordinance notwithstanding the failure of that lot or those lots to meet the dimensional and/or quantitative requirements, and/or road frontage or other access requirements, applicable in the district as stated in the ordinance. Provisions may be made for the merger of contiguous unimproved, or improved and unimproved, substandard lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the standards, on a district by district basis, which determine the mergers. The standards include, but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and the consistency with the comprehensive plan.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Merger of Lots.

Lot held by husband jointly with wife did not merge with lots held by husband alone since they were not in common ownership. Sako v. Delsesto, 688 A.2d 1296, 1997 R.I. LEXIS 74 (1997).

There was not substantial evidence before the zoning board to support its findings that two lots had merged, either by the landowner or by a predecessor in title, and the landowner clearly believed that he had a single acre parcel because the landowner’s property originally consisted of two lots, as depicted in a plat map, and there was not substantial evidence that they were ever merged. Iadevaia v. Town of Scituate Zoning Bd. of Review, 80 A.3d 864, 2013 R.I. LEXIS 167 (2013).

45-24-39. General provisions — Nonconforming development.

  1. Any city or town adopting or amending a zoning ordinance under this chapter shall make provision for any use, activity, structure, building, or sign or other improvement, lawfully existing at the time of the adoption or amendment of the zoning ordinance, but which is nonconforming by use or nonconforming by dimension. The zoning ordinance may regulate development which is nonconforming by dimension differently than that which is nonconforming by use.
  2. The zoning ordinance shall permit the continuation of nonconforming development; however, this does not prohibit the regulation of nuisances.
  3. A zoning ordinance may provide that, if a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use consists of some overt act, or failure to act, which leads one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use; however, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use is presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Improvements.

Since the term “improvement” describes land which has been converted from its natural state to a different state and condition for the use and enjoyment of man, the use of land as parking area for camper trailers could be described as “improvement”. Little Compton v. Round Meadows, 108 R.I. 478 , 276 A.2d 471, 1971 R.I. LEXIS 1293 (1971).

Gasoline station signs constituted “improvements” within meaning of statute saving preexisting uses and amendatory zoning ordinance that would alter the status of the signs which was a nonconforming use were void as not being in conformity with the state enabling act. American Oil Co. v. Warwick, 116 R.I. 31 , 351 A.2d 577, 1976 R.I. LEXIS 1239 (1976).

Trial court clearly erred by finding that alterations to a hotel were not permissible under R.I. Gen. Laws § 45-24-40(c) , and the trial justice exceeded her authority under R.I. Gen. Law § 45-24-69(d) by misconstruing a city ordinance concerning alterations to nonconforming uses, as the ordinance did not prohibit alterations without a variance and the hotel’s improvements relating to the decking, stairs, parking area, and courtyards did not expand or change the use, or otherwise violate the ordinance. Cohen v. Duncan, 970 A.2d 550, 2009 R.I. LEXIS 61 (2009).

Nonconforming Use.

Petitioner who had started construction and expended a considerable sum when area zoning was changed was entitled to a variance permitting compliance with the previous zoning even though he knew of the pending change at the time he started construction. Harrison v. Hopkins, 48 R.I. 42 , 135 A. 154, 1926 R.I. LEXIS 12 (1926).

A nonconforming use which existed at the time of adoption of the original ordinance cannot be used as a basis for rezoning one lot for another use. D'Angelo v. Knights of Columbus Bldg. Ass'n, 89 R.I. 76 , 151 A.2d 495, 1959 R.I. LEXIS 59 (1959).

Where a ballet school located in an agricultural residence district in which a “school or college” was a permitted use, applied to the zoning board for and received “a special exception to operate the Brae Crest School of Ballet as continuation of the present operation,” the zoning board acted without authority and whatever legality might inhere in the operation of the school was not the result of any relief within the power of the zoning board to grant but from the zoning ordinance as a permitted use or as a nonconforming use. Olean v. Zoning Bd. of Review, 101 R.I. 50 , 220 A.2d 177, 1966 R.I. LEXIS 350 (1966).

An automobile junkyard operated in violation of an automobile junkyard licensing ordinance is not a valid preexisting use. Scituate v. O'Rourke, 103 R.I. 499 , 239 A.2d 176, 1968 R.I. LEXIS 822 (1968).

A nonconforming use is an alienable property interest. Coventry v. Glickman, 429 A.2d 440, 1981 R.I. LEXIS 1142 (1981).

Owners did not have a lawful nonconforming use to keep horses on their property because it was extinguished when previous owners of the property manifested their intent to abandon that use of the land by applying for a zoning change to permit them to build condominiums on it; once abandoned, a nonconforming use cannot lawfully be revived. Duffy v. Milder, 896 A.2d 27, 2006 R.I. LEXIS 48 (2006).

— Abandonment and Discontinuance.

Discontinuance of a nonconforming use is not sufficient to show that the use has been abandoned; the circumstances surrounding the discontinuance must indicate an intention to abandon the use and the vested rights therein. A. T. & G. v. Zoning Bd. of Review, 113 R.I. 458 , 322 A.2d 294, 1974 R.I. LEXIS 1200 (1974); East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

Where a five year discontinuance of a nonconforming use was unaccompanied by any overt act or failure to act indicating an intent to abandon, it was insufficient to extinguish the vested right in the nonconforming use. East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

The superior court properly reversed the decision of the zoning board that a nonconforming use, a two-family dwelling in a one-family dwelling zone, had been abandoned where the only evidence of intent to abandon in addition to discontinuance of the nonconforming use was the change from a two to a one family sewer assessment. East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

The local legislature does not have authority to enact a zoning ordinance provision that a legally nonconforming use that is discontinued for more than two years may not be renewed. East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

The mere discontinuance of a nonconforming use for a period of time does not constitute an abandonment of that use. Rather there must also exist an intent to abandon. Coventry v. Glickman, 429 A.2d 440, 1981 R.I. LEXIS 1142 (1981).

Nonuse of a nonconforming use is not conclusive evidence of abandonment. Coventry v. Glickman, 429 A.2d 440, 1981 R.I. LEXIS 1142 (1981).

Proof of abandonment of a nonconforming use must be borne by the party asserting abandonment. Coventry v. Glickman, 429 A.2d 440, 1981 R.I. LEXIS 1142 (1981).

Abandonment cannot be proven by the mere passage of time but requires an intent on the part of the owner to relinquish the nonconforming use. M.B.T. Constr. Corp. v. Edwards, 528 A.2d 336, 1987 R.I. LEXIS 533 (1987).

Ordinance which would terminate a partially destroyed nonconforming use if reconstruction were not started within a year of the date of a casualty loss limited and restricted the owner’s rights by setting up an absolute time limit, and was therefore invalid and void. M.B.T. Constr. Corp. v. Edwards, 528 A.2d 336, 1987 R.I. LEXIS 533 (1987).

To establish abandonment, proof of two factors is required: (1) Intent to abandon; and (2) some overt act, or failure to act, which would lead one to believe that the owner neither claims nor retains any interest in the subject matter of the abandonment. Washington Arcade Assocs. v. Zoning Bd. of Review, 528 A.2d 736, 1987 R.I. LEXIS 541 (1987).

Mere discontinuance of a noncomformimg use for a period of time does not, ipso facto, constitute an abandonment of that use. Washington Arcade Assocs. v. Zoning Bd. of Review, 528 A.2d 736, 1987 R.I. LEXIS 541 (1987).

— Change in Ownership.

A mere change in ownership does not destroy a nonconforming use. Coventry v. Glickman, 429 A.2d 440, 1981 R.I. LEXIS 1142 (1981).

Purpose of Section.

Some incidental loss to or curtailment of unrestricted use of property by some owners in zoned district is unavoidable, but regulations must be made with reasonable consideration of the character of the district and its particular suitability for particular use with a view to conserving value of buildings and encouraging the most appropriate use of the land throughout such municipality. East Providence Mills v. Zoning Bd. of Review, 51 R.I. 428 , 155 A. 531, 1931 R.I. LEXIS 75 (1931).

Collateral References.

Addition of another activity to existing nonconforming use as violation of zoning ordinance. 61 A.L.R.4th 724.

Changes, after adoption of zoning regulations, in respect of nonconforming existing use. 87 A.L.R.2d 4.

Construction of new building on premises devoted to nonconforming use as violation. 10 A.L.R.4th 1122.

Nonconforming use, right to resume, after period of non-use or of a different use from that in effect at or before the time of zoning. 56 A.L.R.3d 14; 56 A.L.R.3d 138; 57 A.L.R.3d 279.

Ownership of nonconforming business or use, change in, as affecting right to continuance thereof. 9 A.L.R.2d 1039.

Power to terminate lawful nonconforming use existing when zoning ordinance was passed, after use has been permitted to continue. 22 A.L.R.3d 1134.

Right to repair or reconstruct building operating as nonconforming use after damage or destruction. 57 A.L.R.3d 419.

Validity of provisions for amortization of nonconforming uses. 8 A.L.R.5th 391.

Volume, change in volume or intensity, or means of performing nonconforming use. 61 A.L.R.4th 806.

45-24-40. General provisions — Alteration of nonconforming development.

  1. A zoning ordinance may permit a nonconforming development to be altered under either of the following conditions:
    1. The ordinance may establish a special-use permit, authorizing the alteration, which must be approved by the zoning board of review following the procedure established in this chapter and in the zoning ordinance; or
    2. The ordinance may allow the addition and enlargement, expansion, intensification, or change in use, of nonconforming development either by permit or by right and may distinguish between the foregoing actions by zoning districts.
  2. The ordinance may require that the alteration more closely adheres to the intent and purposes of the zoning ordinance.
  3. A use established by variance or special use permit shall not acquire the rights of this section.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Applicability.

Trial court clearly erred by finding that alterations to a hotel were not permissible under R.I. Gen. Laws § 45-24-40(c) , and the trial justice exceeded her authority under R.I. Gen. Law § 45-24-69(d) by misconstruing a city ordinance concerning alterations to nonconforming uses, as the ordinance did not prohibit alterations without a variance and the hotel’s improvements relating to the decking, stairs, parking area, and courtyards did not expand or change the use, or otherwise violate the ordinance. Cohen v. Duncan, 970 A.2d 550, 2009 R.I. LEXIS 61 (2009).

45-24-41. General provisions — Variances.

  1. An application for relief from the literal requirements of a zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or agency an application describing the request and supported by any data and evidence as may be required by the zoning board of review or by the terms of the ordinance. The zoning enforcement officer or agency shall immediately transmit each application received to the zoning board of review and a copy of each application to the planning board or commission.
  2. A zoning ordinance provides that the zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning board or commission and/or staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty (30) days of receipt of the application from that board. The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under § 45-24-53 . The notice shall also include the street address of the subject property. A zoning ordinance may require that a supplemental notice, that an application for a variance is under consideration, be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The cost of notification shall be borne by the applicant.
  3. A zoning ordinance may provide for unified development review, pursuant to § 45-24-46.4 . Requests for dimensional and use variances submitted under a unified development review provision of a zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning board or commission, pursuant to § 45-24-46.4 (a). All subdivision or land-development applications submitted under the unified development review provisions of a zoning ordinance shall have a public hearing, which shall meet the requirements of § 45-23-50.1(c) .
  4. In granting a variance, the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4 , the planning board or commission, shall require that evidence to the satisfaction of the following standards is entered into the record of the proceedings:
    1. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in § 45-24-30(a)(16) ;
    2. That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
    3. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based; and
    4. That the relief to be granted is the least relief necessary.
  5. The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4 , the planning board or commission, shall, in addition to the above standards, require that evidence is entered into the record of the proceedings showing that:
    1. In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
    2. In granting a dimensional variance, that the hardship suffered by the owner of the subject property if the dimensional variance is not granted amounts to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted is not grounds for relief. The zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4 , the planning board or commission has the power to grant dimensional variances where the use is permitted by special-use permit if provided for in the special use permit sections of the zoning ordinance.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1996, ch. 213, § 1; P.L. 2001, ch. 103, § 1; P.L. 2002, ch. 197, § 1; P.L. 2002, ch. 218, § 1; P.L. 2002, ch. 384, § 1; P.L. 2016, ch. 527, § 4.

Law Reviews.

2001 Survey of Rhode Island Law, see 7 Roger Williams U.L. Rev. 403 (2002).

Jillian M. Nobis, Comment: To Apply or Not to Apply? That is the Question of Intergovernmental Zoning, 23 Roger Williams U. L. Rev. 580 (2018).

NOTES TO DECISIONS

Constitutionality.

Former § 45-24-4.1 was not unconstitutional on its face as a denial of equal protection or due process because it did not authorize a wholly arbitrary differentiation per se and because it was subject to former § 45-24-3, which prohibits any arbitrary or discriminatory exercise of the amendatory power in making zoning regulations. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Construction.

The plain language of this provision does not differentiate between the type of variance sought by the applicant, but applies equally to requests for dimensional and use variances. Sciacca v. Caruso, 769 A.2d 578, 2001 R.I. LEXIS 90 (2001).

The trial justice misapplied this provision since he overlooked not only the applicant’s burden of proving “no other reasonable alternative” to enjoying the use of a substandard lot except by granting the requested variance, but also the fact that the applicant’s own conduct had created the lot and that the hardship imposed on her was therefore self-created. Sciacca v. Caruso, 769 A.2d 578, 2001 R.I. LEXIS 90 (2001).

Although the provisions of R.I. Gen. Laws § 45-24-41(c)(3) are applicable and relevant for a dimensional variance when seeking dimensional relief for lawfully permitted uses, the review should not focus on the use of the parcel because a legislative determination has been made previously that the use is appropriate and does not adversely affect the general character of the area; a permitted use, under R.I. Gen. Laws § 45-24-31(52) [now (54)], is a use by right which is specifically authorized in a particular zoning district. Lischio v. Zoning Bd. of Review, 818 A.2d 685, 2003 R.I. LEXIS 57 (2003).

When the owners of a parcel in a general business zone sought a dimensional variance to allow them to build a self-storage facility, the trial court erroneously failed to consider, under R.I. Gen. Laws § 45-24-41(d)(2) , whether the hardship suffered by the owners if the variance was not granted would be more than a mere inconvenience such that they had no other reasonable alternative to enjoy a legally permitted beneficial use of the property. Lischio v. Zoning Bd. of Review, 818 A.2d 685, 2003 R.I. LEXIS 57 (2003).

There is a distinction in R.I. Gen. Laws § 45-24-41 between the evidentiary showing necessary for a use variance and the lesser threshold for a dimensional variance: R.I. Gen. Laws § 45-24-41(d)(1) applies to a use variance and requires a showing of a loss of all beneficial use and R.I. Gen. Laws § 45-24-41(d)(2) applies to a dimensional variance and requires a showing of hardship amounting to more than a mere inconvenience, and while it is not apparent on the face of the text whether the provisions of R.I. Gen. Laws § 45-24-41(c) , regarding the evidence required for a variance, apply to either use or dimensional variances or both, the requirements for obtaining a dimensional variance are listed in § 45-24-41(c) and (d), and the plain language of § 45-24-41 (c) does not differentiate between the type of variance sought by an applicant; rather, it applies equally to requests for dimensional, as well as for use variances, so it is clear from previous case law that in order for a request for a dimensional variance to be granted the applicant must satisfy the requirements for both § 45-24-41(c) and (d)(2). Lischio v. Zoning Bd. of Review, 818 A.2d 685, 2003 R.I. LEXIS 57 (2003).

Construction With Other Statutes.

Prior to the 1976 amendment of former § 45-24-4.1, which deleted a 1972 proviso permitting a town or city council in approving a zoning change to limit such change to one of the permitted uses in the zone to which the subject land is rezoned, the imposition of conditions on land rezoned by amendment did not violate the uniformity requirement of former § 45-24-2 simply because those conditions were not imposed on land in the same use category but not covered by the amendment. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Effect of Amendments.

The 1991 amendments to the state’s zoning laws, by providing for only two categories of variance (a use variance or a dimensional variance) and by prescribing that the obtaining of a dimensional variance must be contingent upon there being no other reasonable alternative for the enjoyment of a legally permitted beneficial use of the property, effectively ended the old doctrine that had allowed a property owner to obtain a dimensional variance simply by demonstrating an adverse impact amounting to more than a mere inconvenience. Sciacca v. Caruso, 769 A.2d 578, 2001 R.I. LEXIS 90 (2001).

Recent amendment to R.I. Gen. Laws § 45-24-41(d)(2) required an applicant for a dimensional variance to demonstrate only that the hardship the applicant would suffer if the dimensional variance was not granted amounted to more than a mere inconvenience, reinstating the judicially created doctrine which held that for an applicant to obtain a dimensional variance, the landowner needed to show only an adverse impact that amounted to more than a mere inconvenience, rather than a loss of all beneficial use of a parcel absent a variance. Lischio v. Zoning Bd. of Review, 818 A.2d 685, 2003 R.I. LEXIS 57 (2003).

Notice.

The fact that severe weather conditions prevented many interested persons from attending the advertised hearing on a proposed amendment to the town zoning ordinance did not deprive such persons of an opportunity to be heard nor invalidate the amendment. Willey v. Town Council of Barrington, 106 R.I. 544 , 261 A.2d 627, 1970 R.I. LEXIS 956 (1970).

Publication at least once each week for three (3) successive weeks was not construed to mean that a full three weeks, or 21 days, must elapse between initial publication and the hearing. Sullivan v. Faria, 112 R.I. 132 , 308 A.2d 473, 1973 R.I. LEXIS 964 (1973).

In order to determine whether notice was sufficient under former § 45-24-4.1, the court applied the same test it used under §§ 45-24-4 and 45-24-18, that is, whether the notice was sufficient to inform an ordinary layman lacking expertise in zoning matters of the property affected and the changes sought. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Even though the notice received by plaintiff did not identify the property to be rezoned by map, by address or by metes and bounds, it satisfied the notice requirements since it informed plaintiff on what road the property was located and that it was within 200 feet of his own land. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Notices addressed to husband “et ux.” gave wives who were co-owners of property adequate notice of hearing. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Even though town council had once rendered a decision that denied a petition for a zoning amendment, the council could at a subsequent meeting, without further notice and advertising, reverse itself and amend the zoning ordinance on a validly made motion to reconsider. Johnson v. Eldredge, 430 A.2d 1069, 1981 R.I. LEXIS 1175 (1981).

The portion of an ordinance which provides for automatic reversion of property to a designation as a waterfront business, if a building permit is not obtained within three years from the date of enactment of the ordinance, violates the notice requirement set out in this section. Greenwich Bay Yacht Basin Assocs. v. Washburn, 560 A.2d 945, 1989 R.I. LEXIS 125 (1989).

Scope of Variance.

Trial court erred in reversing the zoning board’s decision to uphold a violation of the use variance where the zoning officer and board properly reviewed the record to determine the scope of the use permitted by the variance, and the findings of fact were not erroneous in light of evidence in the record. Kenlin Props., LLC v. City of E. Providence, 139 A.3d 491, 2016 R.I. LEXIS 89 (2016).

Supreme Court of Rhode Island concludes that the determination of the scope of a use variance is a question of fact entrusted in the first instance to the local zoning officer and then to the zoning board, subject to appellate review by the superior court. Kenlin Props., LLC v. City of E. Providence, 139 A.3d 491, 2016 R.I. LEXIS 89 (2016).

Use variance is to be strictly construed to limit the relief granted to the minimum degree necessary to relieve the hardship. In no case should the scope of a use variance ever exceed the relief originally requested by the property owner in his or her original application and testimony before the zoning board. Kenlin Props., LLC v. City of E. Providence, 139 A.3d 491, 2016 R.I. LEXIS 89 (2016).

Variance Granted.

Owners of a parcel in a general business zone were entitled to a dimensional variance regarding the frontage required for access to a public street because their proposed use of the parcel was permitted in a general business zone but the parcel’s frontage was too small to allow them to gain access to a public street without a variance, so they would be deprived of any legally permitted beneficial use of their property without a variance, which exceeded the burden they had to meet to be entitled to a dimensional variance. Lischio v. Zoning Bd. of Review, 818 A.2d 685, 2003 R.I. LEXIS 57 (2003).

45-24-42. General provisions — Special-use permits.

  1. A zoning ordinance shall provide for the issuance of special-use permits approved by the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4 , the planning board or commission.
  2. The ordinance shall:
    1. Specify the uses requiring special-use permits in each district;
    2. Describe the conditions and procedures under which special-use permits, of each or the various categories of special-use permits established in the zoning ordinance, may be issued;
    3. Establish criteria for the issuance of each category of special-use permit that shall be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of the city or town;
    4. Provide for public hearings and notification of the date, time, place, and purpose of those hearings to interested parties. Special-use permit requests submitted under a zoning ordinance’s unified development review provisions shall be heard and noticed in conjunction with the subdivision or land-development application, according to the requirements of § 45-23-50.1 . Public notice for special-use permits that are not submitted under a zoning ordinance’s unified development review provisions shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to all those who would require notice under § 45-24-53 . The notice shall also include the street address of the subject property. A zoning ordinance may require that a supplemental notice, that an application for a special-use permit is under consideration, be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The cost of notification shall be borne by the applicant;
    5. Provide for the recording of findings of fact and written decisions; and
    6. Provide that appeals may be taken pursuant to §§ 45-24-70 or 45-23-66 , dependent on the board to which application was made.
  3. The ordinance additionally may provide that an applicant may apply for, and be issued, a dimensional variance in conjunction with a special-use permit. If the special use could not exist without the dimensional variance, the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-46.4(b) , the planning board or commission shall consider the special-use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 346, § 1; P.L. 2002, ch. 91, § 1; P.L. 2002, ch. 197, § 1; P.L. 2002, ch. 218, § 1; P.L. 2016, ch. 527, § 4.

Law Reviews.

Jillian M. Nobis, Comment: To Apply or Not to Apply? That is the Question of Intergovernmental Zoning, 23 Roger Williams U. L. Rev. 580 (2018).

NOTES TO DECISIONS

In General.

Use granted by a special-use permit may coexist with a dimensional variance only when a municipality’s zoning ordinance so provides. Lloyd v. Zoning Bd. of Review for Newport, 62 A.3d 1078, 2013 R.I. LEXIS 41 (2013).

Permit Properly Granted.

Respondents had not been required to obtain a dimensional variance in order to alter and increase a dimensionally nonconforming development; under the city’s ordinance, the appropriate form of relief was a special-use permit, which the zoning board properly granted. Lloyd v. Zoning Bd. of Review for Newport, 62 A.3d 1078, 2013 R.I. LEXIS 41 (2013).

In granting respondents’ application for a special-use permit, a city zoning board had not been required to consider that the proposed addition would increase the property’s three-dimensional size, because under the zoning ordinance, a calculation of building mass was not a criterion for alteration of a dimensionally nonconforming structure. Lloyd v. Zoning Bd. of Review for Newport, 62 A.3d 1078, 2013 R.I. LEXIS 41 (2013).

45-24-43. General provisions — Special conditions.

In granting a variance or in making any determination upon which it is required to pass after a public hearing under a zoning ordinance, the zoning board of review or other zoning enforcement agency may apply the special conditions that may, in the opinion of the board or agency, be required to promote the intent and purposes of the comprehensive plan and the zoning ordinance of the city or town. Failure to abide by any special conditions attached to a grant constitutes a zoning violation. Those special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:

  1. Minimizing the adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
  2. Controlling the sequence of development, including when it must be commenced and completed;
  3. Controlling the duration of use or development and the time within which any temporary structure must be removed;
  4. Assuring satisfactory installation and maintenance of required public improvements;
  5. Designating the exact location and nature of development; and
  6. Establishing detailed records by submission of drawings, maps, plats, or specifications.

History of Section. P.L. 1991, ch. 307, § 1.

Collateral References.

Buffer provision in zoning ordinance as applicable to abutting land in adjoining municipality. 48 A.L.R.3d 1303.

45-24-44. General provisions — Creation of vested rights.

  1. A zoning ordinance provides protection for the consideration of applications for development that are substantially complete and have been submitted for approval to the appropriate review agency in the city or town prior to enactment of the new zoning ordinance or amendment.
  2. Zoning ordinances or other land development ordinances or regulations specify the minimum requirements for a development application to be substantially complete for the purposes of this section.
  3. Any application considered by a city or town under the protection of this section shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted.
  4. If an application for development under the provisions of this section is approved, reasonable time limits shall be set within which development of the property must begin and within which development must be substantially completed.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

In General.

Complainant has no vested right to the classification in which his property was placed by a zoning ordinance which was later changed by amendment thereto. Nardi v. Providence, 89 R.I. 437 , 153 A.2d 136, 1959 R.I. LEXIS 92 (1959).

45-24-45. General provisions — Publication and availability of zoning ordinances.

  1. Printed copies of the zoning ordinance and map(s) of a city or town shall be available to the general public and revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.
  2. Upon publication of a zoning ordinance and map, and any amendments to them, the city or town clerk shall send a copy, without charge, to the state law library.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 57, § 1; P.L. 2019, ch. 191, § 3; P.L. 2019, ch. 244, § 3.

Compiler’s Notes.

P.L. 2019, ch. 191, § 3, and P.L. 2019, ch. 244, § 3 enacted identical amendments to this section.

45-24-46. Special provisions — Modification.

  1. A zoning ordinance may provide for the issuance of modifications or adjustments from the literal dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or structural modification of a structure or lot of record. If the ordinance allows modifications then the zoning enforcement officer is authorized to grant modification permits. The zoning ordinance establishes the maximum percent allowed for a modification, which shall not exceed twenty-five percent (25%), of any of the dimensional requirements specified in the zoning ordinance. A modification does not permit moving of lot lines. The zoning ordinance shall specify which dimensional requirements or combinations of these requirements are allowable under a modification. These requirements may differ by use or zoning district. Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:
    1. The modification requested is reasonably necessary for the full enjoyment of the permitted use;
    2. If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
    3. The modification requested is in harmony with the purposes and intent of the comprehensive plan and zoning ordinance of the city or town; and
    4. The modification requested does not require a variance of a flood hazard requirement.
  2. Upon an affirmative determination, the zoning enforcement officer shall notify, by registered or certified mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of general circulation within the city or town that the modification will be granted unless written objection is received within thirty (30) days of the public notice. If written objection is received within thirty (30) days, the request for a modification shall be denied. In that case the changes requested will be considered a request for a variance and may only be issued by the zoning board of review following the standard procedures for variances. If no written objections are received within thirty (30) days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-46.1. Inclusionary zoning.

  1. A zoning ordinance requiring the inclusion of affordable housing as part of a development shall provide that the housing will be affordable housing, as defined in § 42-128-8.1(d)(1) ; that the affordable housing will constitute not less than ten percent (10%) of the total units in the development; and that the units will remain affordable for a period of not less than thirty-years (30) from initial occupancy enforced through a land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island.
  2. A zoning ordinance that includes inclusionary zoning may provide that the affordable housing must be built on-site or utilize one or more alternative methods of production, including, but not limited to, off-site construction or rehabilitation, donation of land suitable for development of the required affordable units, and/or the payment of a fee in lieu of the construction or provision of affordable housing units. For all projects subject to inclusionary zoning, density bonuses and other incentives shall be established by the community and shall apply to offset differential costs of below-market units.
  3. This fee in lieu of the construction or provision of affordable housing shall be the choice of the developer or builder applied on a per-unit basis and may be used for new developments, purchasing property and/or homes, rehabilitating properties, or any other manner that creates additional low-or-moderate income housing as defined in § 45-53-3(9) .
    1. For affordable single-family homes and condominium units, the per-unit fee shall be the difference between the maximum affordable sales price for a family of four (4) earning eighty percent (80%) of the area median income as determined annually by the U.S. Department of Housing and Urban Development and the average cost of developing a single unit of affordable housing. The average cost of developing a single unit of affordable housing shall be determined annually based on the average, per-unit development cost of affordable homes financed by Rhode Island housing over the previous three (3) years, excluding existing units that received preservation financing.
    2. Notwithstanding subsection (c)(1) of this section, in no case shall the per-unit fee for affordable single family homes and condominium units be less than forty thousand dollars ($40,000).
  4. The municipality shall deposit all in-lieu payments into restricted accounts that shall be allocated and spent only for the creation and development of affordable housing within the municipality serving individuals or families at or below eighty percent (80%) of the area median income. The municipality shall maintain a local affordable housing board to oversee the funds in the restricted accounts and shall allocate the funds within two (2) years. The municipality shall include in the housing element of their local comprehensive plan, if applicable, the process it will use to allocate the funds.
  5. As an alternative to the provisions of subsection (d), the municipality may elect to transfer in-lieu payments promptly upon receipt or within the two-year (2) period after receipt to the housing resources commission or Rhode Island housing for the purpose of developing affordable housing within that community.
  6. Rhode Island housing shall report to the general assembly and the housing resources commission the amount of fees in lieu collected by community; the projects that were provided funding with the fees, the dollar amounts allocated to the projects and the number of units created.

History of Section. P.L. 2004, ch. 286, § 9; P.L. 2004, ch. 324, § 9; P.L. 2014, ch. 372, § 1; P.L. 2014, ch. 395, § 1.

Compiler’s Notes.

P.L. 2014, ch. 372, § 1, and P.L. 2014, ch. 395, § 1 enacted identical amendments to this section.

45-24-46.2. Special provisions — Transfer of development rights — North Kingstown.

  1. In addition to other powers granted to towns and cities by this chapter to establish and administer transfer of development rights programs, the town council of the town of North Kingstown may provide by ordinance for the transfer of development rights, as a voluntary program available to developers and property owners, in the manner set forth in this section.
  2. The establishment, as provided for by this section, of a system for transfer of development rights within or between zoning districts, or a portion thereof, designated in the zoning ordinance shall be:
    1. For the purpose of providing developers and property owners the ability to establish, certify, purchase, sell, convey, and/or hold land development rights; and
    2. For one or more of the following purposes:
      1. Preserving sensitive resource areas in the community such as groundwater reserves, wildlife habitat, agricultural lands, and public access to surface waters;
      2. Directing development away from sensitive resource areas to places better suited to increased levels of development such as established or proposed mixed use, commercial, village, or residential centers;
      3. Directing development to areas served by existing infrastructure such as established roadways, public water supply systems, centralized sewer collection systems, public transit and other utilities; or
      4. Shaping and balancing urban and rural development; and/or promoting a high level of quality in design in the development of private and public facilities and spaces.
  3. For purposes of this section the following terms shall have the following meaning:
    1. “Receiving area district” means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or portions thereof that is eligible to receive development rights through a major land development project review. As may be necessary or desirable to achieve the intended uses, density and intensity of use, a receiving area district may allow for additional development capacity and for increased lot building coverage and building envelope that are greater than those of the underlying zoning.
    2. “Sending area district” means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or a portion thereof, that is eligible to establish development rights that may eventually be transferred to a receiving area.

History of Section. P.L. 2010, ch. 194, § 1; P.L. 2010, ch. 228, § 1.

Compiler’s Notes.

P.L. 2010, ch. 194, § 1, and P.L. 2010, ch. 228, § 1, enacted identical versions of this section

45-24-46.3. Special provisions — Transfer of development rights — Exeter.

  1. In addition to other powers granted to towns and cities by this chapter to establish and administer transfer of development rights programs, the town council of the town of Exeter may provide by ordinance for the transfer of development rights, as a voluntary program available to developers and property owners, in the manner set forth in this section.
  2. For purposes of this section the following terms shall have the following meaning:
    1. “Receiving area district” means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or portions thereof, that is eligible to receive development rights through a major land development project review. As may be necessary or desirable to achieve the intended uses, density and intensity of use, a receiving area district may allow for additional development capacity and for increased lot building coverage and building envelope that are greater than those of the underlying zoning.
    2. “Sending area district” means a zoning district, which is established and mapped pursuant to a transfer of development rights ordinance and superimposed on one or more zoning use districts or a portion thereof, that is eligible to establish development rights that may eventually be transferred to a receiving area.
  3. The establishment, as provided for by this section, of a system for transfer of development rights within or between zoning districts, or a portion thereof, designated in the zoning ordinance shall be:
    1. For the purpose of providing developers and property owners the ability to establish, certify, purchase, sell, convey, and/or hold land development rights; and
    2. For one or more of the following purposes:
      1. Preserving sensitive resource areas in the community such as groundwater reserves, wildlife habitat, agricultural lands, and public access to surface waters;
      2. Directing development away from sensitive resource areas to places better suited to increased levels of development such as established or proposed mixed use, commercial, village, or residential centers;
      3. Directing development to areas served by existing infrastructure such as established roadways, public water supply systems, centralized sewer collection systems, public transit and other utilities; or
      4. Shaping and balancing urban and rural development, and/or promoting a high level of quality in design in the development of private and public facilities and spaces.

History of Section. P.L. 2010, ch. 194, § 1; P.L. 2010, ch. 228, § 1.

Compiler’s Notes.

P.L. 2010, ch. 194, § 1, and P.L. 2010, ch. 228, § 1, enacted identical versions of this section

45-24-46.4. Special provisions — Unified development review.

  1. A zoning ordinance may provide that review and approval of dimensional variances, use variances, and/or special-use permits for properties undergoing review by the planning board or commission as land development or subdivision projects pursuant to § 45-23-36 , be conducted and decided by the planning board or commission. This process is to be known as unified development review.
  2. If unified development review is desired, such review must be enabled within the zoning ordinance, in accordance with this section, and the local subdivision and land-development regulations must be brought into conformance, pursuant to § 45-23-50.1 .
  3. A zoning ordinance that provides for unified development review shall:
    1. Specify which types of zoning approval the planning board or commission shall be empowered to grant for which types of projects; and
    2. Provide that any person, group, agency, or corporation that files an application for an included land development or subdivision project may also file requests for relief from the literal requirements of a zoning ordinance on the subject property, pursuant to § 45-24-41 , and/or for the issuance of special-use permits for the subject property, pursuant to § 45-24-42 , by including such within the application to the administrative officer of the planning board or commission with the other required application materials, pursuant to § 45-23-50.1(b) .
  4. A zoning ordinance that provides for unified development review may specify design, use, public benefit, or other relevant criteria that must be met in order for an application to qualify for review under the unified development review provisions of the zoning ordinance. Certification as to whether an application meets the established criteria shall be conducted in conjunction with, and following the time lines outlined for, certification of completeness of the application, pursuant to §§ 45-23-38(c) , 45-23-40(b) , or 45-23-41(b) .
  5. All land development and subdivision applications that include requests for variances and/or special-use permits submitted pursuant to this section shall require a public hearing that meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c) .
  6. In granting requests for dimensional and use variances, the planning board or commission shall be bound to the requirements of §§ 45-24-41(d) and 45-24-41(e) relative to entering evidence into the record in satisfaction of the applicable standards.
  7. In reviewing requests for special-use permits, the planning board or commission shall be bound to the conditions and procedures under which a special-use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to §§ 45-24-42(b)(1) , 45-24-42(b)(2) and 45-24-42(b)(3) , and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to § 45-24-42(b)(5) .
  8. An appeal from any decision made pursuant to this section may be taken pursuant to § 45-23-66 .

History of Section. P.L. 2016, ch. 527, § 5.

45-24-46.5. Special provisions — Emergency declaration modifications.

  1. A moratorium is hereby imposed on the enforcement of any municipal ordinance or zoning regulation that would penalize any food business or food service establishment, as defined in § 21-27-1 , or bar as defined in § 23-20.10-2 , for any alterations or modifications to its business made in order to comply with any directives, executive orders, or restrictions issued by the governor, principal executive officer of a political subdivision, or the director of the department of health based upon an emergency declaration issued pursuant to § 30-15-9 or § 30-15-13 .
  2. The moratorium imposed pursuant to this section shall continue throughout the emergency declaration and shall remain effective until April 1, 2023. During this period, all approved nonconforming uses adopted to comply with the emergency declaration shall be permitted to continue.

History of Section. P.L. 2021, ch. 332, § 1, effective July 8, 2021; P.L. 2021, ch. 333, § 1, § 1, effective July 8, 2021; P.L. 2022, ch. 1, § 1, effective February 16, 2022; P.L. 2022, ch. 2, § 1, effective February 16, 2022.

Compiler's Notes.

P.L. 2021, ch. 332, § 1, and P.L. 2021, ch. 333, § 1 enacted identical versions of this section.

P.L. 2022, ch. 1, § 1, and P.L. 2022, ch. 2, § 1 enacted identical amendments to this section.

45-24-47. Special provisions — Land development projects.

  1. A zoning ordinance may provide for land development projects which are projects in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, industrial, recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance.
  2. A zoning ordinance adopted pursuant to this chapter which permits or requires the creation of land development projects in one or more zoning districts shall require that any land development project is referred to the city or town planning board or commission for approval, in accordance with the procedures established by chapter 23 of this title, including those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, whether or not the land development project constitutes a “subdivision”, as defined in chapter 23 of this title. No land development project shall be initiated until a plan of the project has been submitted to the planning board or commission and approval has been granted by the planning board or commission. In reviewing, hearing, and deciding upon a land development project, the city or town planning board or commission may be empowered to allow zoning incentives within the project; provided, that standards for the adjustments are described in the zoning ordinance, and may be empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or commission, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.
  3. In regulating land development projects, an ordinance adopted pursuant to this chapter may include, but is not limited to, regulations governing the following:
    1. A minimum area or site size for a land development project;
    2. Uses to be permitted within the development;
    3. Ratios of residential to nonresidential uses where applicable;
    4. Maximum density per lot and maximum density for the entire development, with provisions for adjustment of applicable lot density and dimensional standards where open space is to be permanently set aside for public or common use, and/or where the physical characteristics, location, or size of the site require an adjustment, and/or where the location, size, and type of housing, commercial, industrial, or other use require an adjustment, and/or where housing for low and moderate income families is to be provided, or where other amenities not ordinarily required are provided, as stipulated in the zoning ordinance. Provision may be made for adjustment of applicable lot density and dimensional standards for payment or donation of other land or facilities in lieu of an on-site provision of an amenity that would, if provided on-site, enable an adjustment;
    5. Roads, driveways, utilities, parking, and other facilities; regulations may distinguish between those facilities intended to remain in private ownership or to be dedicated to the public; and
    6. Buffer areas, landscaping, screening, and shading.
    1. A zoning ordinance requiring open land in a cluster development or other land development project for public or common use, shall provide that such open land either: (i) be conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units, or (iv) remain in private ownership if the use is limited to agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive plan and zoning ordinance that private ownership is necessary for the preservation and management of the agricultural, habitat or forest resources.
    2. In any case where the land is not conveyed to the city or town:
      1. A restriction, in perpetuity, enforceable by the city or town or by any owner of property in the cluster or other land development project in which the land is located shall be recorded providing that the land is kept in the authorized condition(s) and not built upon or developed for accessory uses such as parking or roadway; and
      2. The developmental rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
    3. All open space land provided by a cluster development or other land development project shall be subject to a community approved management plan that will specify the permitted uses for the open space.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1992, ch. 385, § 2; P.L. 2002, ch. 184, § 1; P.L. 2004, ch. 286, § 8; P.L. 2004, ch. 324, § 8.

NOTES TO DECISIONS

Municipal Discretion.

Although this section provides that the planning board must approve any land development, if the town opts to provide for cluster developments, it can exercise its discretion to require zoning board approval in addition to planing board approval. Carlson v. Town of Smithfield, 723 A.2d 1129, 1999 R.I. LEXIS 43 (1999).

Preemption.

Land development constitutes a valid exercise of police power, and is a matter of statewide concern, preempting charter provisions or pre-existing special statutes on the same subject. Munroe v. Town of E. Greenwich, 733 A.2d 703, 1999 R.I. LEXIS 139 (1999).

45-24-48. Special provisions — Preapplication conference.

A zoning ordinance may provide for a preapplication conference for specific types of development proposals. A preapplication conference is intended to allow the designated agency to:

  1. Acquaint the applicant with the comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;
  2. Suggest improvements to the proposed design on the basis of a review of the sketch plan;
  3. Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
  4. Help the applicant to understand the steps to be taken to receive approval.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-49. Special provisions — Development plan review.

  1. A zoning ordinance may permit development plan review of applications for uses requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map change. The review shall be conducted by the planning board or commission and shall be advisory to the permitting authority.
  2. A zoning ordinance may permit development plan review of applications for uses that are permitted by right under the zoning ordinance, but the review shall only be based on specific and objective guidelines which must be stated in the zoning ordinance. The review body shall also be set forth in and be established by the zoning ordinance. A rejection of the application shall be considered an appealable decision pursuant to § 45-24-64 .
  3. Nothing in this subsection shall be construed to permit waivers of any regulations unless approved by the permitting authority pursuant to the local ordinance and this act.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1992, ch. 385, § 2; P.L. 2009, ch. 310, § 55.

45-24-50. Adoption — Power of council to adopt — Consistency with comprehensive plan.

  1. For the purpose of promoting the public health, safety, morals, and general welfare, a city or town council has the power, in accordance with the provisions of this chapter, to adopt, amend, or repeal, and to provide for the administration, interpretation, and enforcement of, a zoning ordinance. The provisions of a zoning ordinance are stated in text and map(s), and may incorporate charts or other material.
  2. A zoning ordinance, and all amendments to it, must be consistent with the city or town’s comprehensive plan, as described in chapter 22.2 of this title, and provide for the implementation of the city or town comprehensive plan.
  3. A zoning ordinance adopted or amended during the pendency of the approval of a municipality’s comprehensive plan must be consistent with that plan, until the zoning ordinance is brought into full compliance with the Comprehensive Planning Act, §  45-22.2-5(a)(4).
  4. The city or town must bring the zoning ordinance or amendment into conformance with its comprehensive plan as approved by the chief of the division of planning of the department of administration or the superior court in accordance with its implementation schedule as set forth in said plan.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1995, ch. 247, § 2; P.L. 2011, ch. 215, § 3; P.L. 2011, ch. 313, § 3.

Compiler’s Notes.

P.L. 2011, ch. 215, § 3, and P.L. 2011, ch. 313, § 3 enacted identical amendments to this section.

NOTES TO DECISIONS

Failure to Conform Zoning Ordinances to Comprehensive Plan.

When a developer’s proposal allegedly complied with a city’s zoning ordinances but did not comply with the city’s comprehensive plan, the developer was not entitled to approval of the developer’s plan due to the city’s alleged failure to bring the city’s zoning ordinances into compliance with the city’s comprehensive plan within 18 months after the plan was approved because the 18-month requirement was directory, rather than mandatory, as, inter alia, no sanction for non-compliance with the requirement was prescribed. West v. McDonald, 18 A.3d 526, 2011 R.I. LEXIS 53 (2011).

Legislative Immunity.

Even if the defendants were attempting to advance their own personal and political interests through their ordinance-related actions, where they were required by law to assist and advise a municipal legislative body in their decision-making process by presenting a draft ordinance for its consideration, the actions were an integral part of the legislative process, and the defendants were entitled to invoke legislative immunity. Maynard v. Beck, 741 A.2d 866, 1999 R.I. LEXIS 215 (1999).

Licensing of Businesses.

Where the Providence City Council had enacted zoning ordinances in accordance with the city’s comprehensive plan, having fully considered the public health, safety, morals, and general welfare of the city, another licensing board could not apply the same criteria and find a location to be unsuitable for the same purpose. Cadillac Lounge, LLC v. City of Providence, 763 A.2d 993, 2001 R.I. LEXIS 16 (2001).

45-24-51. Adoption — Procedure for adoption or amendment.

The city or town shall designate the officer or agency to receive a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map(s). Immediately upon receipt of the proposal, the officer or agency shall refer the proposal to the city or town council, and to the planning board or commission of the city or town for study and recommendation. The planning board or commission shall, in turn, notify and seek the advice of the city or town planning department, if any, and report to the city or town council within forty-five (45) days after receipt of the proposal, giving its findings and recommendations as prescribed in § 45-24-52 . Where a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map is made by the city or town planning board or commission, the requirements for study by the board may be waived; provided, that the proposal by the planning board includes its findings and recommendations pursuant to § 45-24-52 . The city or town council shall hold a public hearing within sixty-five (65) days of receipt of a proposal, giving proper notice as prescribed in § 45-24-53 . The city or town council shall render a decision on any proposal within forty-five (45) days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Amendatory Enactments.

A town may amend its zoning ordinance to exempt from its provisions the erection by the town or any of its agencies of a building for governmental purposes and an amendment exempting such erection for “public or municipal purposes” will be construed as such an amendment. Nunes v. Bristol, 102 R.I. 729 , 232 A.2d 775, 1967 R.I. LEXIS 745 (1967).

It was not an abuse of discretion for the town council to amend the zoning ordinance by changing from residential to commercial zoning a parcel of four lots which adjoined a residential area on one side when all other property on both sides of the highway on which the parcel was located as far as the eye could see in either direction was devoted to commercial use. Willey v. Town Council of Barrington, 106 R.I. 544 , 261 A.2d 627, 1970 R.I. LEXIS 956 (1970).

Conformity to Comprehensive Plan.

Zoning ordinance amendments are subject to the statutory requirements of comprehensiveness. D'Angelo v. Knights of Columbus Bldg. Ass'n, 89 R.I. 76 , 151 A.2d 495, 1959 R.I. LEXIS 59 (1959).

The limit of power of local legislatures in the enactment of a zoning ordinance apply to an exercise of the amendatory power only to the extent that the change effected by such amendment must be in conformity with the comprehensive plan, because haphazard or improper zoning may result as well from an exercise of the amendatory power as from an exercise of the power to enact an original ordinance. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961).

When changing zoning regulations by amending a part of the ordinance, the local legislature is required to have such change conform to the comprehensive plan of zoning in effect in the municipality, this requirement being mandatory. Town & County Mobile Homes v. Inspector of Bldgs., 93 R.I. 383 , 175 A.2d 556, 1961 R.I. LEXIS 119 (1961).

A relatively small area should not be rezoned for multi-family dwellings when that small area remains completely surrounded, with the exception of the eastern boundary, by predominately one-family homes in an A zone (one-family dwellings). Toole v. May-Day Realty Corp., 101 R.I. 379 , 223 A.2d 545, 1966 R.I. LEXIS 402 (1966).

The rezoning of property from a residential to a business use on the condition that the land rezoned shall be devoted exclusively to the business use for which application to rezone was made, or otherwise remain residential, constitutes zoning without regard to the public health, safety, and welfare, concern for which is basic to that comprehensiveness contemplated in this act. Oury v. Greany, 107 R.I. 427 , 267 A.2d 700, 1970 R.I. LEXIS 790 (1970).

General Powers of Council.

Petitioner did not have the right to a review of the city council’s action in amending a zoning ordinance as the action is clearly legislative and in no sense judicial. Rhode Island Home Builders v. Hunt, 74 R.I. 255 , 60 A.2d 496, 1948 R.I. LEXIS 82 (1948); Alianiello v. Town Council of E. Providence, 83 R.I. 395 , 117 A.2d 233, 1955 R.I. LEXIS 72 (1955).

An exercise of the power to amend the provisions of a zoning ordinance, like the power to enact a zoning ordinance, is limited to that conferred in the enabling statute. Cianciarulo v. Tarro, 92 R.I. 352 , 168 A.2d 719, 1961 R.I. LEXIS 40 (1961).

Generally the several town councils may amend or repeal zoning ordinances without approval on the part of the financial town meeting. Mason v. Bowerman Bros., 95 R.I. 425 , 187 A.2d 772, 1963 R.I. LEXIS 18 (1963).

Judicial Review.

Actions taken by a city or town council pursuant to former § 45-24-5 were considered purely legislative in character and thus enjoy an initial presumption of validity, and were not generally susceptible of judicial review unless violative of the city’s entire comprehensive zoning plan. Ruby Assoc. v. Ferranti, 603 A.2d 331, 1992 R.I. LEXIS 35 (1992).

Legislative Immunity.

Even if the defendants were attempting to advance their own personal and political interests through their ordinance-related actions, where they were required by law to assist and advise a municipal legislative body in their decision-making process by presenting a draft ordinance for its consideration, the actions were an integral part of the legislative process, and the defendants were entitled to invoke legislative immunity. Maynard v. Beck, 741 A.2d 866, 1999 R.I. LEXIS 215 (1999).

Limitation on Powers of Board of Review.

Action of board in approving limited extension of a factory by permitting erection of an addition in a more restricted area did not amount to an amendment of the zoning ordinance where the addition merely covered additional portions of lots already partly occupied. Bruzzi v. Board of Appeals, 84 R.I. 220 , 122 A.2d 877, 1956 R.I. LEXIS 48 (1956).

Power of board of review to grant exceptions did not include the right to permit multiple dwellings in an area containing almost 160,000 square feet of land which was part of an area restricted to one family use since to do so would effect a substantial change in the lines of the zone which is reserved to the council. Adams v. Zoning Bd. of Review, 86 R.I. 396 , 135 A.2d 357, 1957 R.I. LEXIS 116 (1957).

Where the town council amended the zoning ordinance by changing the zoning of two lots from residental to limited business on condition that an office building be erected and operated upon the two lots, the zoning board of review could not pass upon the validity of such a condition on an appeal from the refusal of the building inspector to grant a permit for the erection of a restaurant on the two lots. Arc-Lan Co. v. Zoning Bd. of Review, 106 R.I. 474 , 261 A.2d 280, 1970 R.I. LEXIS 945 (1970).

Notice.

The fact that the city may voluntarily have given written notice in instances involving specific amendments to the zoning ordinance at other times is no basis for holding that it is required to do that which it is not compelled to do by the enabling act or the ordinance. Nardi v. Providence, 89 R.I. 437 , 153 A.2d 136, 1959 R.I. LEXIS 92 (1959).

Collateral References.

Notice requirements prerequisite to adoption or amendment of zoning ordinance or regulation. 96 A.L.R.2d 449.

Rezoning or amendment of zoning regulations as affecting persons who have purchased or improved property in reliance upon original regulations. 138 A.L.R. 500.

Validity and construction of provisions of zoning statute or ordinance respecting protest or petition by property owners. 4 A.L.R.2d 335.

Variance as related to or affecting amendment, modification, or repeal of regulation. 168 A.L.R. 21.

45-24-52. Adoption — Review by planning board or commission.

Among its findings and recommendations to the city or town council with respect to a proposal for adoption, amendment, or repeal of a zoning ordinance or zoning map, the planning board or commission shall:

  1. Include a statement on the general consistency of the proposal with the comprehensive plan of the city or town, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and
  2. Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in § 45-24-30 .

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Legislative Immunity.

Even if the defendants were attempting to advance their own personal and political interests through their ordinance-related actions, where they were required by law to assist and advise a municipal legislative body in their decision-making process by presenting a draft ordinance for its consideration, the actions were an integral part of the legislative process, and the defendants were entitled to invoke legislative immunity. Maynard v. Beck, 741 A.2d 866, 1999 R.I. LEXIS 215 (1999).

45-24-53. Adoption — Notice and hearing requirements.

  1. No zoning ordinance shall be adopted, repealed, or amended until after a public hearing has been held upon the question before the city or town council. The city or town council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the city or town at least once each week for three (3) successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least two (2) weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
    1. Specify the place of the hearing and the date and time of its commencement;
    2. Indicate that adoption, amendment, or repeal of a zoning ordinance is under consideration;
    3. Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize and describe the matter under consideration as long as the intent and effect of the proposed ordinance is expressly written in that notice;
    4. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
    5. State that the proposals shown on the ordinance may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
  2. Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (a) of this section.
  3. Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city or town. The notice shall be given at least two (2) weeks prior to the hearing at which the text amendment is to be considered, with the content required by subsection (a). If the city or town zoning ordinance contains an existing merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots. The sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be retained to demonstrate proof of the mailing.
  4. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map, but does not affect districts generally, public notice shall be given as required by subsection (a) of this section, with the additional requirements that:
    1. Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, existing streets and roads and their names, and city and town boundaries where appropriate; and
    2. Written notice of the date, time, and place of the public hearing and the nature and purpose of the hearing shall be sent to all owners of real property whose property is located in or within not less than two hundred feet (200´) of the perimeter of the area proposed for change, whether within the city or town or within an adjacent city or town. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. The notice shall be sent by registered, certified, or first-class mail to the last known address of the owners, as shown on the current real estate tax assessment records of the city or town in which the property is located; provided, for any notice sent by first-class mail, the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of such mailing.
  5. Notice of a public hearing shall be sent by first-class mail to the city or town council of any city or town to which one or more of the following pertain:
    1. That is located in or within not less than two hundred feet (200´) of the boundary of the area proposed for change; or
    2. Where there is a public or quasi-public water source, or private water source that is used, or is suitable for use, as a public water source, within two thousand feet (2,000´) of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
  6. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource or surface watershed that is used, or is suitable for use, as a public water source and that is within two thousand feet (2,000´) of any real property that is the subject of a proposed zoning change; provided, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the building inspector in the city or town a map survey, that shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within two thousand feet (2,000´) thereof.
  7. Notwithstanding any of the requirements set forth in subsections (a) through (e), each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The city or town shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the city or town. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.
    1. Provided, however, notice pursuant to a public notice registry as per this section does not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 45-24-31(4) .
  8. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.
  9. Costs of any notice required under this section shall be borne by the applicant.
  10. In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-37 , the town or city council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned and impose limitations, conditions, and restrictions, including, without limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use that are the subject of the zoning change; (2) Those relating to the effectiveness or continued effectiveness of the zoning change; and/or (3) Those relating to the use of the land as it deems necessary. The responsible town or city official shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, that in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two (2) years or more after the zone change becomes effective, the town or city council may, after a public hearing, change the land to its original zoning use before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.
  11. The above requirements are to be construed as minimum requirements.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 57, § 1; P.L. 2007, ch. 161, § 2; P.L. 2007, ch. 283, § 2; P.L. 2009, ch. 310, § 19; P.L. 2013, ch. 185, § 2; P.L. 2013, ch. 235, § 2; P.L. 2015, ch. 251, § 1; P.L. 2015, ch. 274, § 1; P.L. 2018, ch. 166, § 1; P.L. 2018, ch. 243, § 1; P.L. 2019, ch. 191, § 3; P.L. 2019, ch. 244, § 3.

Compiler’s Notes.

P.L. 2013, ch. 185, § 2, and P.L. 2013, ch. 235, § 2 enacted identical amendments to this section.

P.L. 2015, ch. 251, § 1, and P.L. 2015, ch. 274, § 1 enacted identical amendments to this section.

P.L. 2018, ch. 166, § 1, and P.L. 2018, ch. 243, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 191, § 3, and P.L. 2019, ch. 244, § 3 enacted identical amendments to this section.

NOTES TO DECISIONS

Initiative and Referendum.

An initiative and referendum provision of a town’s charter would not be competent to authorize the procedure to be used to adopt or to amend either a regulation for the subdivision of land or an ordinance regulating zoning in the town. The requirement of a meaningful public hearing and the rights of land owners that underlie the requirement cannot be compatible with an ordinance adopted by an initiative or referendum. L.A. Ray Realty v. Town Council of Cumberland, 603 A.2d 311, 1992 R.I. LEXIS 23 (1992).

Notice Requirement.

Provisions relating to advertising on proposed amendment are in form and substance mandatory conditions precedent to proper exercise of power delegated to council, and failure to conform thereto is not a mere irregularity which may be waived. Rhode Island Home Builders v. Budlong Rose Co., 77 R.I. 147 , 74 A.2d 237, 1950 R.I. LEXIS 53 (1950), overruled, Sullivan v. Faria, 112 R.I. 132 , 308 A.2d 473, 1973 R.I. LEXIS 964 (1973); Johnson & Wales College v. DiPrete, 448 A.2d 1271, 1982 R.I. LEXIS 996 (1982).

The fact that the city may voluntarily have given notice by mail in instances involving specific amendments to the zoning ordinance at other times is no basis for holding that it is required to do that which it is not compelled to do in enacting comprehensive zoning ordinance by the enabling act or the ordinance. Nardi v. Providence, 89 R.I. 437 , 153 A.2d 136, 1959 R.I. LEXIS 92 (1959).

Substantial changes in a proposed amendment to a town zoning ordinance as advertised required that the altered amendment be advertised and a new hearing held before the town council had jurisdiction to enact the amendment as altered. De Lucia v. Jamestown, 107 R.I. 179 , 265 A.2d 636, 1970 R.I. LEXIS 756 (1970).

One elementary proposition that is applicable when considering proposed modifications of a zoning ordinance is that adequate notice of the modifications is a jurisdictional prerequisite. Quigley v. Glocester, 520 A.2d 975, 1987 R.I. LEXIS 411 (1987).

The failure of a town council to comply with the open meetings law or the notice requirements in enacting a new zoning ordinance does not constitute a violation of due process; the ordinance is a legislative act, and procedural due process does not require that affected individuals receive notice or have an opportunity to be heard. Smithfield Concerned Citizens for Fair Zoning v. Smithfield, 719 F. Supp. 75, 1989 U.S. Dist. LEXIS 9310 (D.R.I. 1989), aff'd, 907 F.2d 239, 1990 U.S. App. LEXIS 11007 (1st Cir. 1990).

Because the plaintiff developer’s brought an action for a declaratory judgment on whether zoning ordinances that hindered its ability to develop a parcel of property were validly enacted, the motion judge should have construed the action as one for a declaratory judgment pursuant to R.I. Gen. Laws § 9-30-1 rather than as an appeal of the enactment of an amendment to a zoning ordinance under R.I. Gen. Laws § 45-24-71(a) . Since the question of whether the zoning ordinances violated the notice requirement of R.I. Gen. Laws § 45-24-53 could be the subject a declaration, the case should have been decided under the declaratory judgment statute and not found to be time barred as effectively an “appeal.” Tucker Estates Charlestown, LLC v. Town of Charlestown, 964 A.2d 1138, 2009 R.I. LEXIS 18 (2009).

Sufficiency of Notice.

There is no merit to complainant’s contention that the zoning ordinance, insofar as it applies to his property, deprives him of constitutional rights because he did not receive written notification of the hearing on the proposed new ordinance, since neither the enabling act nor the zoning ordinance required the giving of such notice. Nardi v. Providence, 89 R.I. 437 , 153 A.2d 136, 1959 R.I. LEXIS 92 (1959).

Amendment to zoning ordinance was invalid for lack of adequate notice of hearing where newspaper publication stated time and place of hearing and that copies of the proposal were filed in clerk’s office but failed to reasonably inform landowners in the community of the nature of the change and whether it would affect zoning classifications of their land. Federal Bldg. & Dev. Corp. v. Jamestown, 112 R.I. 478 , 312 A.2d 586, 1973 R.I. LEXIS 1010 (1973).

The same test used to determine sufficiency of notice under former § 45-24-4 was applied to former § 45-24-4.1, that is, whether the notice was sufficient to inform an ordinary layman lacking expertise in zoning matters of the property affected and the changes sought. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Public notice, rather than individual written notice, was required under R.I. Gen. Laws § 45-24-53 for a town’s proposed zoning amendment because the amendment was a general amendment under the Rhode Island Zoning Enabling Act, R.I. Gen. Laws § 45-24-27 et seq., as it was a wide-ranging proviso that was passed to conform the town’s zoning ordinance to its comprehensive plan, a plan which the town was required to enact under the Rhode Island Comprehensive Planning and Land Use Regulation Act, R.I. Gen. Laws § 45-22.2-1 et seq. Generation Realty, LLC v. Catanzaro, 21 A.3d 253, 2011 R.I. LEXIS 64 (2011).

45-24-54. Administration — Administration and enforcement of zoning ordinance.

A zoning ordinance adopted pursuant to this chapter must provide for the administration and enforcement of its provisions pursuant to this chapter. The zoning ordinance must designate the local official or agency and specify minimum qualifications for the person or persons charged with its administration and enforcement, including: (1) the issuing of any required permits or certificates; (2) collection of required fees; (3) keeping of records showing the compliance of uses of land; (4) authorizing commencement of uses or development under the provisions of the zoning ordinance; (5) inspection of suspected violations; (6) issuance of violation notices with required correction action; (7) collection of fines for violations; and (8) performing any other duties and taking any actions that may be assigned in the ordinance. In order to provide guidance or clarification, the zoning enforcement officer or agency shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the official or agency within fifteen (15) days of the written request. In the event that no written response is provided within that time, the requesting party has the right to appeal to the zoning board of review for the determination.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Authority of Zoning Agency.

It is the zoning enforcement officer or agency, and not the zoning board of review, that is authorized in the first instance to provide guidance or clarification by providing information to a requesting party concerning the determination of a particular zoning violation or restriction. Franco v. Wheelock, 750 A.2d 957, 2000 R.I. LEXIS 89 (2000).

Zoning Certificates.

Although a zoning certificate issued pursuant to R.I. Gen. Laws § 45-24-54 was erroneous, stating that sellers’ adjacent lots could not be sold separately, buyers did not breach two purchase and sales agreements by postponing the closing of the sale because the certificate coupled with a town solicitor’s warning that the town could take enforcement action raised sufficient concerns to warrant the postponement for a reasonable period to enable the sellers to provide the buyers with reasonable assurances that the properties were, in fact, two distinct parcels; the sellers breached the agreements by failing to present two marketable titles within a reasonable time after the scheduled closing date, thereby excusing the buyers from performance under the agreements. Parker v. Byrne, 996 A.2d 627, 2010 R.I. LEXIS 83 (2010).

45-24-55. Administration — Maintenance of zoning ordinance.

The city or town clerk is the custodian of the zoning ordinance and zoning map or maps created under the ordinance. A zoning ordinance designates:

  1. The officer(s) or agency(ies) responsible for the maintenance and update of the text and zoning map comprising the zoning ordinance. Changes which impact the zoning map shall be depicted on the map within ninety (90) days of the authorized change(s); and
  2. The office or agency responsible for the review of the zoning ordinance at reasonable intervals; and, whenever changes are made to the comprehensive plan of the city or town, for the identification of any changes necessary and for the forwarding of these changes to the city or town council.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-56. Administration — Zoning board of review — Establishment and procedures.

  1. A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a zoning board of review and for the appointment of members, including alternate members, and for the organization of the board, as specified in the zoning ordinance, or, in cities and towns with home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for remuneration to the zoning board of review members and for reimbursement for expenses incurred in the performance of official duties. A zoning board of review may engage legal, technical, or clerical assistance to aid in the discharge of its duties. The board shall establish written rules of procedure; a mailing address to which appeals and correspondence to the zoning board of review are sent; and an office where records and decisions are filed.
  2. The zoning board of review consists of five (5) members, each to hold office for the term of five (5) years; provided, that the original appointments are made for terms of one, two (2), three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two (2) alternates to be designated as the first and second alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two (2) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the city or town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
  3. Notwithstanding the provisions of subsection (b), the zoning board of review of the town of Jamestown consists of five (5) members, each to hold office for the term of five (5) years; provided, that the original appointments are made for terms of one, two (2), three (3), four (4) and five (5) years respectively. The zoning board of review of the town of Jamestown also includes three (3) alternates to be designated as the first, second, and third alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
  4. Members of zoning boards of review serving on the effective date of adoption of a zoning ordinance under this chapter are exempt from the provisions of this chapter respecting terms of originally appointed members until the expiration of their current terms.
  5. The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses by the issuance of subpoenas.
  6. Notwithstanding the provisions of subsection (b) of this section, the zoning board of review for the town of Little Compton shall consist of five (5) members, each to hold office for the term of five (5) years. The zoning board of review for the town of Little Compton shall also include three (3) alternates to be designated as the first, second and third alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in the hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
  7. Notwithstanding the provisions of subsection (b) of this section, the zoning board of review for the town of Charlestown shall consist of five (5) members, each to hold office for the term of five (5) years. The zoning board of review for the town of Charlestown shall also include three (3) alternates to be designated as the first, second, and third alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in the hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
  8. Notwithstanding the provisions of subsection (b) of this section, the zoning board of review for the town of Scituate shall consist of five (5) members, each to hold office for the term of five (5) years. The zoning board of review for the town of Scituate shall also include three (3) alternates to be designated as the first, second and third alternate members, their terms to be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively participate in the hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
  9. Notwithstanding the provisions of subsection (b) of this section, the zoning board of review of the town of Middletown shall consist of five (5) members, each to hold office for a term of five (5) years. The zoning board of review of the town of Middletown shall also include three (3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate members, their terms to be set by ordinance but not to exceed (5) years. These alternate members shall sit and may actively participate in the hearing. The first alternate shall vote if a member of the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board are unable to serve at the hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members and for removal of members for due cause.
  10. Notwithstanding the provisions of subsection (b) of this section, the zoning board of review of the city of Cranston shall consist of five (5) members, each to hold office for a term of five (5) years. The zoning board of review of the city of Cranston shall also include four (4) alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate members, to be appointed for a term of one year. These alternate members shall sit and may actively participate in all zoning hearings. The first alternate shall vote if a member of the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable to serve at the hearing; the third alternate shall vote if three (3) members of the board are unable to serve at the hearing; and the fourth alternate shall vote if four (4) members of the board are unable to serve at the hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the city charter, the zoning ordinance shall specify procedures for filling vacancies during the unexpired terms of zoning board members and for removal of members for due cause.
  11. Notwithstanding the provisions of subsection (b) of this section, the zoning board of review for the town of Barrington shall consist of five (5) members, each to hold office for a term of five (5) years. The zoning board of review for the town of Barrington shall also include three (3) alternates to be designated as the first, second, and third alternate members, their terms are to be set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively participate in the hearing. The first alternate member shall vote if a member of the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable to serve at the hearing; and the third alternate member shall vote if three (3) members of the board are unable to serve at the hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all the hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1996, ch. 51, § 1; P.L. 1996, ch. 72, § 1; P.L. 1999, ch. 314, § 1; P.L. 2002, ch. 22, § 1; P.L. 2002, ch. 90, § 1; P.L. 2003, ch. 222, § 1; P.L. 2003, ch. 279, § 1; P.L. 2005, ch. 368, § 1; P.L. 2005, ch. 424, § 1; P.L. 2007, ch. 17, § 1; P.L. 2007, ch. 18, § 1; P.L. 2020, ch. 23, § 1; P.L. 2020, ch. 49, § 1.

Compiler’s Notes.

P.L. 2020, ch. 23, § 1, and P.L. 2020, ch. 49, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

In General.

Provisions of zoning ordinance vesting in the board of review, subject to definitely expressed standards or limitations, a discretion to grant in specific instances set out in the ordinances exceptions therefrom were valid. Barbara Realty Co. v. Zoning Bd. of Review, 87 R.I. 100 , 138 A.2d 818, 1958 R.I. LEXIS 20 (1958).

Local legislatures are authorized to prescribe certain exceptions to the terms of the zoning ordinance which exceptions subject to appropriate conditions and safeguards, may be granted upon application therefor by the board of review pursuant to such general or specific rules as are set out in the ordinance by the local legislature. Monforte v. Zoning Bd. of Review, 93 R.I. 447 , 176 A.2d 726, 1962 R.I. LEXIS 7 (1962).

Auxiliary Member.

The third sentence of former § 45-24-14 provides a method whereby five members of the board will always be available to sit at hearings and thus make up the number which the general assembly deemed necessary for a legal hearing. May-Day Realty Corp. v. Zoning Bd. of Review, 77 R.I. 469 , 77 A.2d 539, 1950 R.I. LEXIS 106 (1950).

The right to name an auxiliary or sixth member of a board of review is a duty imposed on the naming authority and not as a mere privilege extended to it. May-Day Realty Corp. v. Zoning Bd. of Review, 77 R.I. 469 , 77 A.2d 539, 1950 R.I. LEXIS 106 (1950).

Conditions and Safeguards.

It is not necessary that conditions and safeguards be imposed unless there is competent probative evidence that necessitates such imposition. Industrial Dev. Found. v. Zoning Bd. of Review, 100 R.I. 123 , 211 A.2d 648, 1965 R.I. LEXIS 361 (1965).

While the act permits a zoning board to impose certain conditions when granting an exception, such an imposition is not a condition precedent before the board can exercise its authority. Richardson v. Zoning Bd. of Review, 101 R.I. 194 , 221 A.2d 460, 1966 R.I. LEXIS 374 (1966).

Conduct of Members.

Objections raised by certiorari to the participation of board member who made public statements derogative of actions of remonstrators prior to zoning board hearings was sufficient to show bias and prejudice since board members are charged quasi-judicial powers. Barbara Realty Co. v. Zoning Bd. of Review, 85 R.I. 152 , 128 A.2d 342, 1957 R.I. LEXIS 5 (1957); Barbara Realty Co. v. Zoning Bd. of Review, 87 R.I. 100 , 138 A.2d 818, 1958 R.I. LEXIS 20 (1958).

Discretion.

Zoning boards discretionary decision to allow rebuilding on lot under required size would not be reversed where buildings in immediate area were on similar lots and it was not suggested that the lot could be used for any other beneficial purpose. Morgan v. Zoning Bd. of Review, 52 R.I. 338 , 160 A. 922, 1932 R.I. LEXIS 58 (1932).

Zoning board did not abuse its discretion in refusing exception where applicant failed to carry the burden of proof as to need therefor. Caldarone v. Zoning Bd. of Review, 74 R.I. 196 , 60 A.2d 158, 1948 R.I. LEXIS 69 (1948).

A zoning board abuses its discretion in granting a variance for use of land for business in an area zoned by ordinance for residential purposes on the ground that the area has become unsuitable for residential use and denial of the variance would result in an undue hardship to the applicant, since the effect of such ruling would be to amend the zoning ordinance. Allan v. Zoning Bd. of Review, 79 R.I. 413 , 89 A.2d 364, 1952 R.I. LEXIS 64 (1952).

Zoning board abused its discretion by granting an exception to one who purchased lots zoned for one-family dwelling houses for the express purpose of building a super market with parking lot, since it constituted a change of a district zoned for residential purposes into a zone for business. Harte v. Zoning Bd. of Review, 80 R.I. 43 , 91 A.2d 33, 1952 R.I. LEXIS 7 (1952).

Although the tenant corporation showed a substantial loss for a period of two prior years the owner realty corporation had showed a profit from the rental, therefore it follows that the granting of a variance to the owner was so arbitrary as to constitute an abuse of discretion. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

Unless board acts on its own knowledge and makes that fact known in its decision there must be some evidence in the record to support it or else the decision will be deemed an abuse of discretion vested in it by ordinance. Zawirski v. Zoning Bd. of Review, 96 R.I. 110 , 189 A.2d 683, 1963 R.I. LEXIS 52 (1963).

It was not an abuse of discretion to grant an exception to permit the erection of a building of more than 12,700 square feet for the assembly, service, and sale of heavy duty trucks on a four-acre tract in a district zoned for heavy industrial use where the objector’s residence was within 100 feet of the proposed building and within 25 feet of an interstate highway. Richardson v. Zoning Bd. of Review, 101 R.I. 194 , 221 A.2d 460, 1966 R.I. LEXIS 374 (1966).

Where the board gave no reasons for denying the special exception requested by the petitioner and there was no competent evidence to offset that offered by the petitioner in support of such special exception the denial of the application was arbitrary and an abuse of the discretion with which the board is vested and will be reversed by the court. Goldstein v. Zoning Bd. of Review, 101 R.I. 728 , 227 A.2d 195, 1967 R.I. LEXIS 828 (1967).

Disqualified Member.

Having disqualified himself from participating in the ultimate decision on the application to use land as a gasoline service station and having requested the alternate member to sit as an active member, it was clearly the duty of the chairman of the zoning board of review to take no part in the conduct of the hearing. The hearing before six members was a nullity under the act. Bove v. Board of Review, 95 R.I. 197 , 185 A.2d 751 (1962).

Existing Uses.

Zoning board’s refusal to allow exception was reversed as an abuse of discretion where original fixing of zone border was an unnecessary restriction on the existing use of that property. East Providence Mills v. Zoning Bd. of Review, 51 R.I. 428 , 155 A. 531, 1931 R.I. LEXIS 75 (1931).

Owner who built an extension under a permit from building inspector prior to organization of board of review was entitled to common law rights prior to organization of review board. Lamothe v. Zoning Bd. of Review, 80 R.I. 96 , 81 R.I. 96 , 98 A.2d 918, 1953 R.I. LEXIS 19 (1953).

Findings of Board.

In granting an exception, it was incumbent upon the board to make a finding as to the effect of the exception, as granted, upon the public convenience and welfare; and, if such finding be negative, the board was without authority to act affirmatively. Center Realty Corp. v. Zoning Bd. of Review, 96 R.I. 76 , 189 A.2d 347, 1963 R.I. LEXIS 51 (1963).

A petitioner for an exception to permit the building of an addition to a nursing home located in a residence district was not entitled to an exception as a nonconforming use where the board found that “the appropriate use of neighboring property will be substantially or permanently injured” by the proposed use. Health Havens v. Zoning Bd. of Review, 101 R.I. 258 , 221 A.2d 794, 1966 R.I. LEXIS 380 (1966).

A decision of a board of review which is not in writing with findings of fact and legal conclusions set out, but consists of a stenographic transcript of the comments of the individual board members and a recordation of their votes in which the members do not relate their conclusions of law to evidentiary matter is impossible of judicial review and must be remanded for clarification and completion of the board’s decision. May-Day Realty Corp. v. Board of Appeals, 107 R.I. 235 , 267 A.2d 400, 1970 R.I. LEXIS 765 (1970).

Harmonious Uses.

Special exception to allow addition of store to house in residential district was justified under this section where filling stations and stables were allowed by the ordinance in the area and where other stores were already there. Jacques v. Zoning Bd. of Review, 64 R.I. 284 , 12 A.2d 222, 1940 R.I. LEXIS 39 (1940).

Zoning board of review did not abuse its discretion in refusing exception to zoning ordinance for installation of cement block tamping machine in business district where there was no such business in the general area. Spirito v. Zoning Bd. of Review, 64 R.I. 411 , 12 A.2d 727, 1940 R.I. LEXIS 55 (1940).

Zoning board of review did not abuse discretion in granting variance for use of a dwelling house situated next to a hospital as a funeral parlor. Miriam Hosp. v. Zoning Bd. of Review, 67 R.I. 295 , 23 A.2d 191, 1941 R.I. LEXIS 103 (1941).

Zoning board of review could allow specific exception for establishment of funeral home to ordinance restricting area to residences, filling stations, stables or air fields, if exception was found in harmony with general purposes of zoning. Buckminster v. Zoning Bd. of Review, 69 R.I. 396 , 33 A.2d 199, 1943 R.I. LEXIS 59 (1943).

Granting of variance for funeral home in 14-room house which was outmoded as a single family dwelling in area zoned residential but located between areas of business and commercial properties was not arbitrary or an abuse of discretion. Messinger v. Zoning Bd. of Review, 81 R.I. 159 , 99 A.2d 865, 1953 R.I. LEXIS 29 (1953).

Action of board in granting permission for use of 19-room house located on a large tract of land in a residential zone as a convalescent home for a period of two years was not an abuse of discretion where the evidence showed that house could not be sold as a private residence. Guenther v. Zoning Bd. of Review, 85 R.I. 37 , 125 A.2d 214, 1956 R.I. LEXIS 118 (1956).

Matters Considered.

The primary purpose of a hearing on an application for an exception is to assist the board of review to determine if said exception is consistent with the general welfare and not to test the strength of conflicting personal desires and interests or to poll the neighborhood. Jacques v. Zoning Bd. of Review, 64 R.I. 284 , 12 A.2d 222, 1940 R.I. LEXIS 39 (1940).

A zoning board is not bound to accept the evidence of the objectors or a poll of the neighborhood but considers all the evidence. D'Acchioli v. Zoning Bd. of Review, 74 R.I. 327 , 60 A.2d 707, 1948 R.I. LEXIS 85 (1948).

Finding that exception, if granted, would devalue surrounding property constituted a finding that surrounding property would be substantially injured within meaning of ordinance limiting action of zoning board of review and exception was properly refused. Hazen v. Zoning Bd. of Review, 90 R.I. 108 , 155 A.2d 333, 1959 R.I. LEXIS 122 (1959).

While it is true that a board of review should not ordinarily grant an exception where the area of land involved is unusually extensive, such a circumstance is not necessarily controlling. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

The board of review, in granting an exception, should limit its consideration to whether the applicant has established a right to a grant of an exception as provided in the ordinance, and not concern itself with the effect thereof on the objective of the zoning ordinance. Kraemer v. Zoning Bd. of Review, 98 R.I. 328 , 201 A.2d 643, 1964 R.I. LEXIS 170 (1964).

Information in application and on plot plan is competent evidence from which board could reasonably infer that exception sought would not unduly conflict with public interest. Gardiner v. Zoning Bd. of Review, 101 R.I. 681 , 226 A.2d 698, 1967 R.I. LEXIS 821 (1967).

An application for an exception for a particular use should not be denied either for lack of proof that there is a community or a neighborhood need for its establishment or because the proof is that there is no such need; nor should a use be permitted on the sole ground that it will serve the community or neighborhood needs or accommodate the public. Nani v. Zoning Bd. of Review, 104 R.I. 150 , 242 A.2d 403, 1968 R.I. LEXIS 627 (1968).

Number of Members.

A city zoning board of review composed of only three members is not legally constituted, so that decisions by such a board are invalid. Menard v. Zoning Bd. of Review, 83 R.I. 283 , 115 A.2d 533, 1955 R.I. LEXIS 53 (1955).

It was the plain intent of the legislature to provide that a zoning board of review when conducting hearings and arriving at their decisions should at all times consist of five participating members. The fact that the petitioners agreed to the procedure adopted by the board when the chairman continued to conduct the meeting but did not vote is of no significance. The statutory provision that the board of review shall consist of five members is a jurisdictional requirement and cannot be altered by the parties nor can the parties vest the board with jurisdiction not granted by the enabling act. Bove v. Board of Review, 95 R.I. 197 , 185 A.2d 751 (1962).

The 1949 amendment to former § 45-24-14, providing for a sixth auxiliary member to sit in the absence of one of the regular members, made five participating members essential to jurisdiction and action by the board in which four members voted affirmatively and the chairman abstained was void. Kent v. Zoning Bd. of Review, 102 R.I. 258 , 229 A.2d 769, 1967 R.I. LEXIS 679 (1967).

Powers of Board.

City council had no authority to give zoning board of review blanket authority to exercise legislative power delegated to city council by enabling act. Flynn v. Zoning Bd. of Review, 77 R.I. 118 , 73 A.2d 808, 1950 R.I. LEXIS 50 (1950).

Where the power to designate zoning classifications is vested exclusively in a city council, a variance granted by a zoning board on the ground that the area had been improperly zoned is invalid as there is no power in board to establish zones. Abbott v. Zoning Bd. of Review, 78 R.I. 84 , 79 A.2d 620, 1951 R.I. LEXIS 39 (1951).

Where the power to make and amend zoning ordinances lay in the city council it was arbitrary and illegal for the zoning board to grant a variance for location of a lumber yard in an area classified by ordinance as residential on the ground that the ordinance was improper. Matteson v. Zoning Bd. of Review, 79 R.I. 121 , 84 A.2d 611, 1951 R.I. LEXIS 16 (1951).

Power to vary terms of zoning ordinance is conferred exclusively upon boards of review and cannot be exercised by building inspector. Mello v. Board of Review, 94 R.I. 43 , 177 A.2d 533, 1962 R.I. LEXIS 25 (1962).

Ordinance clothing zoning board with blanket authority to allow or disallow, in its discretion, any enumerated uses was an unlawful delegation of the council’s authority. Bailey v. Zoning Bd. of Review, 94 R.I. 168 , 179 A.2d 316, 1962 R.I. LEXIS 45 (1962).

The board’s assumption that it had a wide latitude under the ordinance to act by way of exception to alleviate the traffic conditions that accompany the operation of a shopping center by granting an exception to use land zoned for residential purposes to be used for offstreet parking to service the needs of a shopping center, was an illegal use of the zoning power and a misconception of the purpose of zoning legislation. Cole v. Zoning Bd. of Review, 94 R.I. 265 , 179 A.2d 846, 1962 R.I. LEXIS 62 (1962).

A board of review is without authority to grant an exception for the conversion of a nonconforming use to a business use in a district predominately zoned residential solely by reason that other nonconforming uses in said district were subsequently rezoned as business uses, such act clearly constituting a usurpation of powers exclusively delegated to the municipal legislature by the general assembly. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

A zoning board of review had no power to grant a special permit to use land in a residential district for a horseriding ring where such action is not authorized by the zoning ordinance. McNalley v. Zoning Bd. of Review, 102 R.I. 417 , 230 A.2d 880, 1967 R.I. LEXIS 706 (1967).

In the absence of an ordinance providing therefor, a zoning board of review had no power to grant a special exception to permit the owner of a new and used car business to use adjoining ground in a limited residence zone for new and used car parking in connection with such business. Rafanelli v. Zoning Bd. of Review, 103 R.I. 208 , 236 A.2d 262, 1967 R.I. LEXIS 601 (1967).

Variances.

The extension of a nonconforming use is particularly one for the exercise of discretion of the local zoning board since it demands a knowledge of the surrounding property. Drabble v. Zoning Bd. of Review, 52 R.I. 228 , 159 A. 828, 1932 R.I. LEXIS 31 (1932).

Power of board to grant exceptions is limited and was intended to be used sparingly and only in exceptional cases so as to not deprive a property owner of the reasonable and beneficial use of his property. Harte v. Zoning Bd. of Review, 80 R.I. 43 , 91 A.2d 33, 1952 R.I. LEXIS 7 (1952).

If a residential area has become commercialized a change of zoning is not within the jurisdiction of the board of review. Assembly of God Church v. Zoning Bd. of Review, 91 R.I. 259 , 162 A.2d 554, 1960 R.I. LEXIS 86 (1960).

The power of a zoning board of review to make exceptions to the terms of a zoning ordinance is controlled by the pertinent provisions thereof. Cole v. Zoning Bd. of Review, 94 R.I. 265 , 179 A.2d 846, 1962 R.I. LEXIS 62 (1962).

A board of review is not without jurisdiction to grant an exception where the present use is nonconforming if an application for the same is made pursuant to the terms of a valid ordinance and supported by legal evidence. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

A board of review is without authority to grant an exception for the conversion of a nonconforming use to a business use in a district predominantly zoned residential solely by reason that other nonconforming uses in said district were subsequently rezoned as business uses, such act clearly constituting a usurpation of powers exclusively delegated to the municipal legislature by the general assembly. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

The power to grant an exception is a broad power which is exercised sparingly and with discretion to the end that only the board would be able to relieve against the arbitrary effect of a literal enforcement of the provisions of the ordinance. Zawirski v. Zoning Bd. of Review, 96 R.I. 110 , 189 A.2d 683, 1963 R.I. LEXIS 52 (1963).

The board should have declined to hear an application seeking an exception or variation where title to a substantial portion of the lot was in dispute. Baril v. Zoning Bd. of Review, 97 R.I. 212 , 196 A.2d 834, 1964 R.I. LEXIS 63 (1964).

A board of review is without jurisdiction to grant successive exceptions for a use of the same character on the same tract to which the prior grant applied. Bernstein v. Zoning Bd. of Review, 99 R.I. 494 , 209 A.2d 52, 1965 R.I. LEXIS 470 (1965).

A variance is granted only upon a showing of hardship. Hicks v. Zoning Bd. of Review, 527 A.2d 1136, 1987 R.I. LEXIS 527 (1987).

Exceptions are granted when convenience and welfare will be substantially served or an appropriate use of neighboring property will not be substantially injured. Hicks v. Zoning Bd. of Review, 527 A.2d 1136, 1987 R.I. LEXIS 527 (1987).

Evidence supported findings that it was necessary for petitioner, who sought a special exception for performing automobile repairs, to develop his business in a garage adjacent to his residence in order to support himself, his wife, and two children and permit him to care for his sick wife in emergency situations. Hicks v. Zoning Bd. of Review, 527 A.2d 1136, 1987 R.I. LEXIS 527 (1987).

Collateral References.

Changes, after adoption of zoning regulations, in respect of nonconforming existing use, discretion of board as to. 87 A.L.R.2d 4.

Constitutionality of zoning ordinance authorizing boards, commissions, etc., to vary provisions thereof. 58 A.L.R.2d 1083.

Variation or exception, agencies and proceedings for authorization of. 168 A.L.R. 100.

45-24-57. Administration — Powers and duties of zoning board of review.

A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of review shall:

  1. Have the following powers and duties:
    1. To hear and decide appeals within sixty-five (65) days of the date of the filing of the appeal where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant hereto;
    2. To hear and decide appeals from a party aggrieved by a decision of an historic district commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2 ;
    3. To hear and decide appeals where the zoning board of review is appointed as the board of appeals for airport zoning regulations, pursuant to § 1-3-19 ;
    4. To authorize, upon application, in specific cases of hardship, variances in the application of the terms of the zoning ordinance, pursuant to § 45-24-41 ;
    5. To authorize, upon application, in specific cases, special-use permits, pursuant to § 45-24-42 , where the zoning board of review is designated as a permit authority for special-use permits;
    6. To refer matters to the planning board or commission, or to other boards or agencies of the city or town as the zoning board of review may deem appropriate, for findings and recommendations;
    7. To provide for the issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals that are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period; and
    8. To hear and decide other matters, according to the terms of the ordinance or other statutes, and upon which the board may be authorized to pass under the ordinance or other statutes; and
  2. Be required to vote as follows:
    1. Five (5) active members are necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. Only five (5) active members are entitled to vote on any issue;
    2. The concurring vote of three (3) of the five (5) members of the zoning board of review sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken; and
    3. The concurring vote of four (4) of the five (5) members of the zoning board of review sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under the ordinance, including variances and special-use permits.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 2014, ch. 198, § 1; P.L. 2014, ch. 217, § 1.

Compiler’s Notes.

P.L. 2014, ch. 198, § 1, and P.L. 2014, ch. 217, § 1 enacted identical amendments to this section.

Law Reviews.

Patrick Burns, 2017 Survey, Cases: Zoning: Bellevue-Ochre Point Neighborhood Ass’n v. Preservation Soc’y of Newport Cty., 23 Roger Williams U. L. Rev. 763 (2018).

NOTES TO DECISIONS

In General.

Former § 45-24-19 did not apply where town enacted zoning ordinance under a special act. Baker v. Zoning Bd. of Review, 82 R.I. 432 , 111 A.2d 353, 1955 R.I. LEXIS 91 (1955), limited, Rafanelli v. Zoning Bd. of Review, 103 R.I. 208 , 236 A.2d 262, 1967 R.I. LEXIS 601 (1967).

Abuse of Discretion.

For cases where an abuse of discretion was found, see Thomas v. Zoning Bd. of Review, 84 R.I. 330 , 124 A.2d 859, 1956 R.I. LEXIS 77 (1956); Madden v. Zoning Bd. of Review, 89 R.I. 131 , 151 A.2d 681, 1959 R.I. LEXIS 60 (1959); Sewall v. Zoning Bd. of Review, 93 R.I. 109 , 172 A.2d 81, 1961 R.I. LEXIS 87 (1961); V. S. H. Realty v. Zoning Bd. of Review, 103 R.I. 16 , 234 A.2d 355, 1967 R.I. LEXIS 570 (1967); Lincoln Plastics Prods. Co. v. Zoning Bd. of Review, 104 R.I. 111 , 242 A.2d 301, 1968 R.I. LEXIS 623 (1968).

For cases where no abuse of discretion was found, see Ricci v. Zoning Bd. of Review, 72 R.I. 58 , 47 A.2d 923, 1946 R.I. LEXIS 37 (1946); Crudeli v. Zoning Bd. of Review, 73 R.I. 301 , 55 A.2d 284, 1947 R.I. LEXIS 87 (1947); Allen v. Zoning Bd. of Review, 75 R.I. 321 , 66 A.2d 369, 1949 R.I. LEXIS 47 (1949); Lawson v. Zoning Bd. of Review, 85 R.I. 54 , 125 A.2d 199, 1956 R.I. LEXIS 114 (1956); May-Day Realty Corp. v. Board of Appeals, 92 R.I. 442 , 169 A.2d 607, 1961 R.I. LEXIS 51 (1961); Sewall v. Zoning Bd. of Review, 93 R.I. 109 , 172 A.2d 81, 1961 R.I. LEXIS 87 (1961); Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962); Reynolds v. Zoning Bd. of Review, 95 R.I. 437 , 187 A.2d 667, 1963 R.I. LEXIS 17 (1963); De Felice v. Zoning Bd. of Review, 96 R.I. 99 , 189 A.2d 685, 1963 R.I. LEXIS 53 (1963); Titus v. Zoning Bd. of Review, 99 R.I. 211 , 206 A.2d 630, 1965 R.I. LEXIS 420 (1965); Cole v. Zoning Bd. of Review, 102 R.I. 498 , 231 A.2d 775, 1967 R.I. LEXIS 720 (1967); Westminster Corp. v. Zoning Bd. of Review, 103 R.I. 381 , 238 A.2d 353, 1968 R.I. LEXIS 806 (1968); Reynolds v. Board of Review, 103 R.I. 535 , 238 A.2d 764, 1968 R.I. LEXIS 826 (1968); Warren v. Frost, 111 R.I. 217 , 301 A.2d 572, 1973 R.I. LEXIS 1201 (1973).

Appeal From Administrative Officer.

Only by appeal is a claim of right properly before the board for determination; all other remedies invoke the board’s discretion. Garreau v. Board of Review, 75 R.I. 44 , 63 A.2d 214, 1949 R.I. LEXIS 4 (1949).

It was the clear duty of the board in acting on the petitioner’s appeal to assume the validity of the amendment on which the building inspector relied in refusing the use permit, since nothing in the enabling act can be construed as conferring on boards of review jurisdiction to pass on the validity of zoning ordinances or amendments thereto. Town & Country Mobile Homes v. Zoning Bd. of Review, 91 R.I. 464 , 165 A.2d 510, 1960 R.I. LEXIS 123 (1960).

— Building Inspector.

Where an applicant’s permit was revoked by a building inspector, on grounds he was without authority to encroach on lot-line provisions of an ordinance, the applicant’s appeal is from a decision of a building inspector as provided by this section and fact the parties treated it as if it were an application for a variance, does not deprive the board of review the jurisdiction thus obtained. Reynolds v. Zoning Bd. of Review, 96 R.I. 340 , 191 A.2d 350, 1963 R.I. LEXIS 93 (1963).

Where owners of a lot containing less than the minimum area required by the zoning ordinance for a single-family dwelling, but whose area would have been adequate before the amendment of the ordinance, were refused by the building inspector a permit for a single-family dwelling, their recourse to the zoning board of review should be by appeal from the ruling of the inspector. Kent v. Zoning Bd. of Review, 102 R.I. 258 , 229 A.2d 769, 1967 R.I. LEXIS 679 (1967).

Authority and Jurisdiction of Board.

Zoning board of review does not have original jurisdiction to pass on change from one nonconforming use to a different nonconforming use. Garreau v. Board of Review, 75 R.I. 44 , 63 A.2d 214, 1949 R.I. LEXIS 4 (1949).

Zoning board of review had no jurisdiction of petition to permit the subdivision of a lot. Noonan v. Zoning Bd. of Review, 90 R.I. 466 , 159 A.2d 606, 1960 R.I. LEXIS 42 (1960).

The authority conferred upon boards of review is limited in scope to that expressly conferred by statute. Noonan v. Zoning Bd. of Review, 90 R.I. 466 , 159 A.2d 606, 1960 R.I. LEXIS 42 (1960).

Although zoning ordinance did not confer upon board of review authority to hear and determine applications for relief from lot-line restrictions, such jurisdiction of the board of review is prescribed in the enabling act which can neither be enlarged nor restricted by provisions of the zoning ordinance. Reynolds v. Zoning Bd. of Review, 96 R.I. 340 , 191 A.2d 350, 1963 R.I. LEXIS 93 (1963).

Jurisdiction of boards of review conferred can neither be expanded nor diminished by the terms of an ordinance. Lincourt v. Zoning Bd. of Review, 98 R.I. 305 , 201 A.2d 482, 1964 R.I. LEXIS 169 (1964).

A zoning board of review is without jurisdiction to amend the provisions of the zoning ordinance in the guise of granting a variance or an exception. Charles Land Co. v. Zoning Bd. of Review, 99 R.I. 161 , 206 A.2d 453, 1965 R.I. LEXIS 410 (1965).

A zoning board has authority, in a proper case, to vary the terms of an ordinance requiring a minimum square footage and a board’s statement to the contrary in denying a request for such a variance indicated that the board misconceived its authority under the act. Russell v. Zoning Bd. of Review, 100 R.I. 728 , 219 A.2d 475, 1966 R.I. LEXIS 504 (1966).

The powers conferred on the board of the general enabling act are to prevent a confiscatory deprivation of the property owner’s right to a desired use valid at common law and to avoid an unnecessary harsh restriction. Goldstein v. Zoning Bd. of Review, 101 R.I. 728 , 227 A.2d 195, 1967 R.I. LEXIS 828 (1967).

Former § 45-24-19 granted the same powers to the zoning board as are possessed by the officer from whom the appeal was taken; the board clearly has the same authority as a building inspector to consider petitioner’s intended uses. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980).

Nothing in this provision authorizes a zoning board of review to render advisory opinions whenever the zoning officer or the town council requests such advice. Franco v. Wheelock, 750 A.2d 957, 2000 R.I. LEXIS 89 (2000).

Dismissal of a neighborhood association’s declaratory judgment action against a preservation society was appropriate because the issues presented in the association’s complaint—interpretation of zoning ordinances, review of the society’s application, and determination whether to grant a special use permit—were within a local zoning board of review’s jurisdiction and authority, and the association failed to exhaust its administrative remedies. Bellevue-Ochre Point Neighborhood Ass'n v. Preservation Soc'y of Newport Cnty., 151 A.3d 1223, 2017 R.I. LEXIS 8 (2017).

Board Exceeds Jurisdiction.

For cases where the board was found to have exceeded its jurisdiction, see Lamothe v. Zoning Bd. of Review, 80 R.I. 96 , 81 R.I. 96 , 98 A.2d 918, 1953 R.I. LEXIS 19 (1953); Bergson Co. v. Zoning Bd. of Review, 91 R.I. 134 , 161 A.2d 414, 1960 R.I. LEXIS 68 (1960); Duclos v. Zoning Bd. of Review, 101 R.I. 537 , 225 A.2d 520, 1967 R.I. LEXIS 797 (1967); Slawson v. Zoning Bd. of Review, 102 R.I. 552 , 232 A.2d 362, 1967 R.I. LEXIS 727 (1967).

Burden of Proof.

Burden of proof is on one attempting to establish a variance to show that relief sought is not contrary to public interest, and that an enforcement of the terms of the ordinance will result in unnecessary hardship. Winters v. Zoning Bd. of Review, 80 R.I. 275 , 96 A.2d 337, 1953 R.I. LEXIS 63 (1953); Pistachio v. Zoning Bd. of Review, 88 R.I. 285 , 147 A.2d 461, 1959 R.I. LEXIS 2 (1959).

Former § 45-24-19 cast upon the applicant for a variance the burden of showing a “peculiar” hardship. Caldarone v. Zoning Bd. of Review, 87 R.I. 15 , 137 A.2d 419, 1957 R.I. LEXIS 137 (1957); Laudati v. Zoning Bd. of Review, 91 R.I. 116 , 161 A.2d 198, 1960 R.I. LEXIS 60 (1960); Benoit v. Zoning Bd. of Review, 95 R.I. 46 , 182 A.2d 432, 1962 R.I. LEXIS 120 (1962); Mount Pleasant Realty & Constr. Co. v. Zoning Bd.of Review, 100 R.I. 31 , 210 A.2d 877, 1965 R.I. LEXIS 349 (1965).

Application for variance will be denied where the only evidence in support of variance is that the zoning ordinance when applied to particular property will result in less profitable use. Berard v. Zoning Bd. of Review, 87 R.I. 244 , 139 A.2d 867, 1958 R.I. LEXIS 44 (1958); Hazen v. Zoning Bd. of Review, 90 R.I. 108 , 155 A.2d 333, 1959 R.I. LEXIS 122 (1959); Laudati v. Zoning Bd. of Review, 91 R.I. 116 , 161 A.2d 198, 1960 R.I. LEXIS 60 (1960); Benoit v. Zoning Bd. of Review, 95 R.I. 46 , 182 A.2d 432, 1962 R.I. LEXIS 120 (1962).

The standards of burden of proof for a special exception or variance under former § 45-24-19 are not the applicable standards when the relief sought is from building regulations as distinguished from limitations of use. H. J. Bernard Realty Co. V Zoning Bd. of Review, 96 R.I. 390 , 192 A.2d 8, 1963 R.I. LEXIS 100 (1963).

Where no legal evidence of unnecessary hardship being imposed on an applicant for an exception or variance appears in the record, the review board cannot, in the absence for such evidence, act judicially to find unnecessary hardships. Pettine v. Zoning Bd. of Review, 96 R.I. 404 , 192 A.2d 433, 1963 R.I. LEXIS 106 (1963).

A zoning variance may be granted by the board of review on ground that literal enforcement of the ordinance would result in unnecessary hardship but it was incumbent upon the applicants to prove that unless it was granted they would lose all beneficial use of their land. Sundin v. Zoning Bd. of Review, 98 R.I. 161 , 200 A.2d 459, 1964 R.I. LEXIS 142 (1964).

To obtain a variance, an applicant must demonstrate by probative evidence that a literal application of the terms of the ordinance would deprive him of all beneficial use of his property; however, statements of economic unfeasibility that are mere conclusions and are unsupported by financial statements or cost data do not constitute probative evidence. Gaglione v. Di Muro, 478 A.2d 573, 1984 R.I. LEXIS 576 (1984).

Determination of Hardship.

For cases where no undue hardship was found, see Winters v. Zoning Bd. of Review, 80 R.I. 275 , 96 A.2d 337, 1953 R.I. LEXIS 63 (1953); Caccia v. Zoning Bd. of Review, 83 R.I. 146 , 113 A.2d 870, 1955 R.I. LEXIS 27 (1955); May-Day Realty Corp. v. Board of Appeals, 92 R.I. 442 , 169 A.2d 607, 1961 R.I. LEXIS 51 (1961); Sewall v. Zoning Bd. of Review, 93 R.I. 109 , 172 A.2d 81, 1961 R.I. LEXIS 87 (1961); Williams Estates v. Zoning Bd. of Review, 94 R.I. 490 , 182 A.2d 314, 1962 R.I. LEXIS 111 (1962); Rego v. Zoning Bd. of Review, 95 R.I. 50 , 182 A.2d 425, 1962 R.I. LEXIS 118 (1962); Somyk v. Zoning Bd. of Review, 99 R.I. 255 , 207 A.2d 34, 1965 R.I. LEXIS 426 (1965); Mount Pleasant Realty & Constr. Co. v. Zoning Bd.of Review, 100 R.I. 31 , 210 A.2d 877, 1965 R.I. LEXIS 349 (1965); Health Havens v. Zoning Bd. of Review, 101 R.I. 258 , 221 A.2d 794, 1966 R.I. LEXIS 380 (1966); Smith v. Zoning Bd. of Review, 104 R.I. 1 , 241 A.2d 288, 1968 R.I. LEXIS 607 (1968); Di Donato v. Zoning Bd. of Review, 104 R.I. 1 58, 242 A.2d 416, 1968 R.I. LEXIS 628 (1968); Gartsu v. Zoning Bd. of Review, 104 R.I. 719 , 248 A.2d 597, 1968 R.I. LEXIS 712 (1968); Weaver v. United Congregational Church, 120 R.I. 419 , 388 A.2d 11, 1978 R.I. LEXIS 682 (1978).

For cases where undue hardship was found, see Bourget v. Zoning Bd. of Review, 94 R.I. 334 , 180 A.2d 594, 1962 R.I. LEXIS 79 (1962); Saravo Bros. Constr. Co. v. Zoning Bd. of Review, 102 R.I. 442 , 231 A.2d 9, 1967 R.I. LEXIS 711 (1967); Di Donato v. Zoning Bd. of Review, 104 R.I. 158 , 242 A.2d 416, 1968 R.I. LEXIS 628 (1968); Coderre v. Zoning Bd. of Review, 105 R.I. 266 , 251 A.2d 397, 1969 R.I. LEXIS 749 (1969).

A mere showing of a more profitable use that would result in a financial hardship if denied does not satisfy the requirements necessary for a variance. Rhode Island Hosp. Trust Nat'l Bank v. East Providence Zoning Bd. of Review, 444 A.2d 862, 1982 R.I. LEXIS 852 (1982).

Deviation.

The type of relief sought is more akin to a deviation than to a true variance where the petitioner seeks relief from a setback requirement of a permitted use, and in such case he need only demonstrate that the effect of enforcement would amount to something more than a mere inconvenience. Gara Realty v. Zoning Bd. of Review, 523 A.2d 855, 1987 R.I. LEXIS 441 (1987).

A petitioner seeking a deviation need show only an adverse impact amounting to more than a mere inconvenience. Bamber v. Zoning Bd. of Review, 591 A.2d 1220, 1991 R.I. LEXIS 110 (1991).

Discretion of Board.

Where there is conflict in evidence as to whether literal enforcement of ordinance would result in complete deprivation of all beneficial use of land and where there is legal evidence on which board could base its decision denying variance, it could not be said that there was an abuse of discretion. Laudati v. Zoning Bd. of Review, 91 R.I. 116 , 161 A.2d 198, 1960 R.I. LEXIS 60 (1960).

It is the duty of a board of review to exercise the fact-finding power conferred upon it to such an extent that the ultimate facts upon which its decision rests are sufficiently stated to enable the court to intelligently determine on review by certiorari that error of law either does or does not inhere in that decision. Noyes v. Zoning Bd. of Review, 94 R.I. 15 , 177 A.2d 529, 1962 R.I. LEXIS 24 (1962). See also Noyes v. Zoning Bd. of Review, 95 R.I. 201 , 186 A.2d 70, 1962 R.I. LEXIS 148 (1962).

While it is desirable for board of review to adhere to language employed by statute, ordinance or opinions of court it will not be fatal when it is clear that the decision is supported by evidence even though it states the applicable standard in loose rather than exact language. Lincourt v. Zoning Bd. of Review, 98 R.I. 305 , 201 A.2d 482, 1964 R.I. LEXIS 169 (1964).

Where, after the issuance of a permit for a permitted use and during the pendency of an appeal from the issuance of the permit, the zoning ordinance was changed to make the proposed use unlawful, the zoning board of review, in determining the right to build under the permit in violation of changed zoning ordinance was required to find the extent to which substantial performance was undertaken in reliance on the permit in good faith. Shalvey v. Zoning Bd. of Review, 99 R.I. 692 , 210 A.2d 589, 1965 R.I. LEXIS 504 (1965).

Exception.

A petitioner seeking an exception under the applicable zoning ordinance must show only that neither the proposed use nor its location on the property would have a detrimental impact upon the public’s health, safety, welfare, or morals. Bamber v. Zoning Bd. of Review, 591 A.2d 1220, 1991 R.I. LEXIS 110 (1991).

Hardship Cases.

Hardship to the owner in depriving him of all beneficial use of his property, unless outweighed by public welfare, must be given consideration in the administration of zoning ordinances. Morgan v. Zoning Bd. of Review, 52 R.I. 338 , 160 A. 922, 1932 R.I. LEXIS 58 (1932).

Hardship referred to in this section is restricted use of petitioner’s land and not physical infirmity of the petitioner. Winters v. Zoning Bd. of Review, 80 R.I. 275 , 96 A.2d 337, 1953 R.I. LEXIS 63 (1953); Patalano v. Zoning Bd. of Review, 112 R.I. 533 , 312 A.2d 580, 1973 R.I. LEXIS 1016 (1973).

Provisions granting authority on board to grant variance upon showing of unnecessary hardship was intended to prevent the indirect taking of land without compensation by depriving the owner of all beneficial use thereof. Denton v. Zoning Bd. of Review, 86 R.I. 219 , 133 A.2d 718, 1957 R.I. LEXIS 63 (1957).

Where a literal application of the zoning regulations would result in unnecessary hardship owner was entitled to relief, and it matters not that he purchased the lot knowing of the zoning restrictions. Denton v. Zoning Bd. of Review, 86 R.I. 219 , 133 A.2d 718, 1957 R.I. LEXIS 63 (1957).

Mere inconvenience or additional expense necessary to make the land available for beneficial uses does not establish an unnecessary hardship. Franco v. Zoning Bd. of Review, 90 R.I. 210 , 156 A.2d 914, 1959 R.I. LEXIS 137 (1959).

To be entitled to a variance it must be established that an application of the terms of the ordinance deprives applicant of all beneficial use of the property. Berard v. Zoning Bd. of Review, 87 R.I. 244 , 139 A.2d 867, 1958 R.I. LEXIS 44 (1958); Franco v. Zoning Bd. of Review, 90 R.I. 210 , 156 A.2d 914, 1959 R.I. LEXIS 137 (1959); Laudati v. Zoning Bd. of Review, 91 R.I. 116 , 161 A.2d 198, 1960 R.I. LEXIS 60 (1960).

Where it is shown that a literal application of the terms of the ordinance completely deprives an owner of all beneficial use of his land, this would be proof of hardship that would require the board to grant relief so as to prevent complete confiscation of the land without compensation. Hazen v. Zoning Bd. of Review, 90 R.I. 108 , 155 A.2d 333, 1959 R.I. LEXIS 122 (1959); Tuite v. Zoning Bd. of Review, 95 R.I. 12 , 182 A.2d 311, 1962 R.I. LEXIS 114 (1962).

When a board of review is passing upon an application for relief from a building regulation or lot-line restriction it may properly exercise its authority to vary the terms of such provision without requiring the applicant to establish that a literal enforcement thereof would deprive him of all beneficial use of the land. Reynolds v. Zoning Bd. of Review, 96 R.I. 340 , 191 A.2d 350, 1963 R.I. LEXIS 93 (1963).

That applicants would be deprived of the most profitable use of their land is not of itself proof of unreasonable and unnecessary hardship amounting to confiscation. Sundin v. Zoning Bd. of Review, 98 R.I. 161 , 200 A.2d 459, 1964 R.I. LEXIS 142 (1964).

Unnecessary hardship exists only when all beneficial use has been lost and the grant of a variance becomes necessary to avoid an indirect confiscation. Rhode Island Hosp. Trust Nat'l Bank v. East Providence Zoning Bd. of Review, 444 A.2d 862, 1982 R.I. LEXIS 852 (1982).

A petitioner seeking a “true” variance must satisfy the “unnecessary hardship” standard, which requires a showing of deprivation of all beneficial use of property. Bamber v. Zoning Bd. of Review, 591 A.2d 1220, 1991 R.I. LEXIS 110 (1991).

Issues.

The applicant on a petition to the board to exercise its discretion for an exception or variation to a zoning ordinance cannot raise the issue of constitutionality, either of the enabling act or of the ordinance. Allen v. Zoning Bd. of Review, 75 R.I. 321 , 66 A.2d 369, 1949 R.I. LEXIS 47 (1949).

The board of review upon acquiring jurisdiction on appeal may grant variances, modify decisions appealed from and may give due regard to the possible use of the land as zoned. Ajootian v. Zoning Bd. of Review, 85 R.I. 441 , 132 A.2d 836, 1957 R.I. LEXIS 49 (1957).

The property owner is not required to prove a loss of all beneficial use in order to establish a right to relief nor is the board required to find that the relief sought will serve the convenience or welfare of the public. Viti v. Zoning Bd. of Review, 92 R.I. 59 , 166 A.2d 211, 1960 R.I. LEXIS 135 (1960).

Mandamus.

Petition for writ of mandamus to require certain officers of city to grant petitioners a permit to construct a gasoline station driveway over a sidewalk after zoning board granted variance for gasoline station was properly denied when the petition did not show the petitioners had acquired title to or clear legal interest in the land. Sun Oil Co. v. Macauley, 72 R.I. 206 , 49 A.2d 917, 1946 R.I. LEXIS 65 (1946).

Procedure.

Zoning board of review having general jurisdiction over subject matter had jurisdiction to grant variance under zoning ordinance, even though application for variance was based on wrong paragraph of zoning act, where such objection was raised for first time in supreme court. Miriam Hosp. v. Zoning Bd. of Review, 67 R.I. 295 , 23 A.2d 191, 1941 R.I. LEXIS 103 (1941).

An application to the board for a variance must be construed in the nature of an “appeal”. Mello v. Board of Review, 94 R.I. 43 , 177 A.2d 533, 1962 R.I. LEXIS 25 (1962).

All five members of the presently constituted zoning board must participate in rendering a decision. Kent v. Zoning Bd. of Review, 102 R.I. 258 , 229 A.2d 769, 1967 R.I. LEXIS 679 (1967); Dresser v. A. T. & G., Inc., 118 R.I. 66 , 372 A.2d 67, 1977 R.I. LEXIS 1430 (1977).

Where there has been a change in the composition of a board of review made subsequent to the rendering of a decision which the court remands for clarification, completion and/or supplementation of the record on which the decision was based, a hearing de novo on the application for relief is a jurisdictional condition precedent to a valid decision. Coderre v. Zoning Bd. of Review, 103 R.I. 575 , 239 A.2d 729, 1968 R.I. LEXIS 832 (1968); Dresser v. A. T. & G., Inc., 118 R.I. 66 , 372 A.2d 67, 1977 R.I. LEXIS 1430 (1977).

Special Exceptions.

As a condition precedent to the grant of a special exception, an applicant must establish that the relief sought is reasonably necessary for the convenience and welfare of the public. Toohey v. Kilday, 415 A.2d 732, 1980 R.I. LEXIS 1679 (1980).

To satisfy the prescribed standard, the applicant need show only that neither the proposed use nor its location on the site would have a detrimental effect upon public health, safety, welfare and morals. Toohey v. Kilday, 415 A.2d 732, 1980 R.I. LEXIS 1679 (1980).

A zoning board of review may not deny granting a special exception to a permitted use on the ground that the applicant has failed to prove that there is a community need for its establishment. Toohey v. Kilday, 415 A.2d 732, 1980 R.I. LEXIS 1679 (1980).

The lay judgments of neighboring property owners on the issue of the effect of the proposed use on neighborhood property values and traffic conditions have no probative force in respect of an application to the zoning board of review for a special exception. Toohey v. Kilday, 415 A.2d 732, 1980 R.I. LEXIS 1679 (1980).

Special Knowledge of Board.

The board of review acting within its authority may predicate its decision upon the well-recognized presumption that zoning boards of review have a special knowledge as to matters that are particularly related to the administration of a zoning ordinance. Trovato v. Chiaradio, 95 R.I. 326 , 186 A.2d 736, 1963 R.I. LEXIS 3 (1963).

The zoning board may acquire special knowledge through an inspection of the property, and this and the knowledge they are presumed to have constitutes competent evidence to support the decision of the board. Trovato v. Chiaradio, 95 R.I. 326 , 186 A.2d 736, 1963 R.I. LEXIS 3 (1963).

Where it is clear that the board acquired information concerning the effect of the variance sought on the use of the land in question through its inspection and reached its decision on the basis of its knowledge concerning those matters which are related to an effective administration of the zoning ordinance, the board’s denial of petitioner’s application for a variance is supported by legally competent evidence in the record. Charles Land Co. v. Zoning Bd. of Review, 99 R.I. 161 , 206 A.2d 453, 1965 R.I. LEXIS 410 (1965).

When the record discloses that the minority of a board of review reached its decision on basis of disclosed knowledge acquired by its observation of the premises and by the expertise imputed to them as members of a board of review the decision is supported by legally competent evidence in the record and will not be disturbed. Schofield v. Zoning Bd. of Review, 99 R.I. 204 , 206 A.2d 524, 1965 R.I. LEXIS 418 (1965).

Standing.

Where the board acted upon the application as one solely for an exception under the ordinance, the remonstrators could not urge that the decision was wrong because there was no evidence of hardship on the applicant. Harrison v. Zoning Bd. of Review, 74 R.I. 135 , 59 A.2d 361, 1948 R.I. LEXIS 52 (1948).

A holder of an option on a piece of real estate is not entitled to claim a hardship. Tripp v. Zoning Bd. of Review, 84 R.I. 262 , 123 A.2d 144, 1956 R.I. LEXIS 55 (1956).

A tenant at sufferance did not have sufficient interest to support an application for a variance. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

One who had contracted with the owner to purchase the land in question on the condition that a variance be obtained to permit erection of a gasoline filling station thereon had no standing to petition for such a variance where the owner did not join in the petition and the terms of the sale contract were not in the record. Packham v. Zoning Bd. of Review, 103 R.I. 467 , 238 A.2d 387, 1968 R.I. LEXIS 816 (1968).

Variance.

The ultimate purpose of the hearing on an application for a variance is to preserve the spirit of the ordinance and do substantial justice to the applicant. Kent v. Zoning Bd. of Review, 74 R.I. 89 , 58 A.2d 623, 1948 R.I. LEXIS 36 (1948).

Board’s grant of a variance from an ordinance is available to any successor to title of original petitioner. Mastrati v. Strauss, 75 R.I. 417 , 67 A.2d 29, 1949 R.I. LEXIS 60 (1949).

The true variance provided by this section, is designed to preserve the constitutionality of the statute and it is invoked to avoid the confiscatory effect that would follow a literal enforcement of some term of a zoning ordinance operating to deprive an owner of all beneficial use of his land. Reynolds v. Zoning Bd. of Review, 96 R.I. 340 , 191 A.2d 350, 1963 R.I. LEXIS 93 (1963); Rozes v. Smith, 120 R.I. 515 , 388 A.2d 816, 1978 R.I. LEXIS 695 (1978).

Where variance was sought for a permitted use, a showing that relief, if granted, would not be contrary to public interest was not necessary. Lincourt v. Zoning Bd. of Review, 98 R.I. 305 , 201 A.2d 482, 1964 R.I. LEXIS 169 (1964).

The variance contemplates a departure from the terms of the ordinance in order to preclude confiscation of property while the exception contemplates a permitted use when under the terms of the ordinance the prescribed conditions therefor are met. Kraemer v. Zoning Bd. of Review, 98 R.I. 328 , 201 A.2d 643, 1964 R.I. LEXIS 170 (1964).

When the board of review grants a use by way of a variance that is not contemplated by the terms of the ordinance, the use so granted must be consistent with the purposes and objectives of the zoning ordinance. Kraemer v. Zoning Bd. of Review, 98 R.I. 328 , 201 A.2d 643, 1964 R.I. LEXIS 170 (1964).

In granting variances, boards of review should not authorize a greater degree of relief than is necessary to achieve a beneficial use. Standish-Johnson Co. v. Zoning Bd. of Review, 103 R.I. 487 , 238 A.2d 754, 1968 R.I. LEXIS 820 (1968).

Former § 45-24-19, by providing for application for a variance, made available relief from prohibition in zoning ordinance against expansion of a nonconforming use. Gartsu v. Zoning Bd. of Review, 104 R.I. 719 , 248 A.2d 597, 1968 R.I. LEXIS 712 (1968).

Award of variance was never intended to afford relief from a mere personal inconvenience experienced by a property owner or as a guise to guarantee such an individual a more profitable use of his property. Gartsu v. Zoning Bd. of Review, 104 R.I. 719 , 248 A.2d 597, 1968 R.I. LEXIS 712 (1968).

Where relief is sought from regulations that govern the enjoyment of a permitted use of property, such as lot size, deprivation of all beneficial use of the property need not be shown; demonstration of something more than a mere inconvenience will suffice. Rozes v. Smith, 120 R.I. 515 , 388 A.2d 816, 1978 R.I. LEXIS 695 (1978).

A variance may not be granted to the owner of a substandard lot where such lot was created by the deliberate conduct of the applicant. Rozes v. Smith, 120 R.I. 515 , 388 A.2d 816, 1978 R.I. LEXIS 695 (1978).

The granting of a variance is proper only upon a showing that literal adherence to the relevant zoning ordinances would result in unnecessary hardship and that the granting of the variance would not be contrary to the public interest. Rhode Island Hosp. Trust Nat'l Bank v. East Providence Zoning Bd. of Review, 444 A.2d 862, 1982 R.I. LEXIS 852 (1982).

— Unnecessary Hardship.

Unnecessary hardship exists when restricting the property to the permitted uses within the zoning ordinance will deprive the property owner of all beneficial use of the property and when granting a variance becomes necessary to avoid an indirect confiscation of the property. OK Properties v. Zoning Bd. of Review, 601 A.2d 953, 1992 R.I. LEXIS 6 (1992).

Collateral References.

Grant of new application for variance or special exception after denial of previous application. 52 A.L.R.3d 494.

Validity and construction of zoning laws setting minimum requirements for floorspace or cubic footage inside residence. 87 A.L.R.4th 294.

Who may apply for variance or special exception. 89 A.L.R.2d 663.

45-24-58. Administration — Application procedure.

The zoning ordinance establishes the various application procedures necessary for the filing of appeals, requests for variances, special-use permits, development plan reviews, site plan reviews, and other applications that may be specified in the zoning ordinance, with the zoning board of review, consistent with the provisions of this chapter. The zoning ordinance provides for the creation of appropriate forms, and for the submission and resubmission requirements, for each type of application required. A zoning ordinance may establish that a time period of a certain number of months is required to pass before a successive similar application may be filed.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-59. Administration — Fees.

A zoning ordinance adopted pursuant to this chapter may provide for reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the appellant or applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-60. Administration — Violations.

  1. A zoning ordinance adopted pursuant to this chapter shall provide for a penalty for any violation of the zoning ordinance, or for a violation of any terms or conditions of any action imposed by the zoning board of review or of any other agency or officer charged in the ordinance with enforcement of any of its provisions. The penalty for the violation must reasonably relate to the seriousness of the offense, and not exceed five hundred dollars ($500) for each violation, and each day of the existence of any violation is deemed to be a separate offense. Any fine shall inure to the city or town.
  2. The city or town may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction, in the name of the city or town, to restrain the violation of, or to compel compliance with, the provisions of its zoning ordinance. A city or town may consolidate an action for injunctive relief and/or fines under the ordinance in the superior court of the county in which the subject property is located.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 2016, ch. 511, art. 1, § 21.

NOTES TO DECISIONS

Aggrieved Person.

Under former §§ 45-24-6 and § 45-24-7 assigning responsibility for the protection of the public interest in the preservation and maintenance of the integrity of the zoning laws to the local government, such government became an aggrieved person within the meaning of former § 45-24-20 and could appeal thereunder whenever the public interest was affected by the action of a zoning board. East Providence v. Shell Oil Co., 110 R.I. 138 , 290 A.2d 915, 1972 R.I. LEXIS 890 (1972).

In a zoning dispute, the local government may apply for certiorari in the supreme court, even though it was not judicially involved at the superior court level. East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

Homeowners were proper parties to seek an adjudication under the Uniform Declaratory Judgments Act (UDJA) that a university’s proposed use (construction of artificial-turf field hockey field) was unlawful and the university’s institutional master plan was deficient under applicable laws because (1) the homeowners’ alleged economic damages were an injury in fact for standing purposes under the UDJA, (2) the homeowners did not seek to compel a city to enforce the city’s zoning ordinance but only a declaration that zoning violations existed, and (3) the homeowners’ failure to seek available administrative remedies did not bar their request for declaratory relief. Key v. Brown Univ., 163 A.3d 1162, 2017 R.I. LEXIS 99 (2017).

Appeals.

Defendant’s appeal from judgment ordering him to remove a trailer which violated town zoning ordinance was denied, where his constitutional objections were improperly raised, there was no indication that the town acted arbitrarily, and he neglected to avail himself of existing zoning grievance procedures. Foster v. Lamphere, 117 R.I. 541 , 368 A.2d 1238, 1977 R.I. LEXIS 1724 (1977).

Enforcement.

Only the town, through its solicitor, can initiate actions to enforce local zoning ordinances pursuant to the statute which prescribes the exclusive manner in which actions can be initiated in keeping with the legislative intent to exclude individual landowners from the institution of unnecessary litigation that would burden the courts and harass the affected landowners. Coventry v. Hickory Ridge Campground, 111 R.I. 716 , 306 A.2d 824, 1973 R.I. LEXIS 1268 (1973).

In accordance with former §§ 45-24-6 and 45-24-7, only the municipality, through its town solicitor, could initiate proceedings to enforce local zoning ordinances. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980).

— Civil and Punitive Remedies.

A town or city has available to it for violations of zoning ordinances a punitive remedy that may be sought through criminal proceedings and an injunctive remedy that may be sought by way of civil proceedings. The two proceedings must, however, be brought separately and cannot be joined, even though both actions may be maintained at the same time. City of Warwick v. Aptt, 497 A.2d 721, 1985 R.I. LEXIS 575 (1985).

Intervention by Adjoining Landowners.

Although intervention by an adjoining landowner in a proceeding brought by the town solicitor in the name of the town was not permissible, § 8-6-2 provides that rules of court procedure take precedence over prior inconsistent procedural legislation so that adjoining landowners can now invoke the mandatory provisions of Super. Ct. Civ. Pro. Rule 24 and be permitted to intervene if they demonstrate that the town solicitor’s representation of their interests is inadequate. Coventry v. Hickory Ridge Campground, 111 R.I. 716 , 306 A.2d 824, 1973 R.I. LEXIS 1268 (1973).

Jurisdiction.

This section clearly provides a town with the authority to enact penalties for violations of town ordinances, but it in no way overrules § 12-3-1 in regard to which court has jurisdiction to try such offenses. Glocester v. Tillinghast, 416 A.2d 1178, 1980 R.I. LEXIS 1667 (1980).

This section reinforces § 12-3-1 by reminding the reader that any equitable action must be brought in the superior or supreme courts. Glocester v. Tillinghast, 416 A.2d 1178, 1980 R.I. LEXIS 1667 (1980).

Former §§ 45-24-6 and § 45-24-7, which are read in pari materia, confer exclusive jurisdiction of these matters upon the courts and preclude a local legislative body from making a similar grant of such jurisdiction to the zoning board and from designating the building inspector as the proper party to bring such actions. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980).

Proof of Nuisance.

Unless the town had shown that a trailer park was a nuisance or a threat to the public health, there was no authority for injunctive relief for violation of a zoning ordinance and the town must resort to the penal sanctions contained in its ordinance. Glocester v. Olivo's Mobile Home Court, 111 R.I. 120 , 300 A.2d 465, 1973 R.I. LEXIS 1187 (1973).

Collateral References.

Violation of zoning ordinance or regulation as affecting or creating liability for injuries or death. 31 A.L.R.2d 1469.

45-24-61. Administration — Decisions and records of zoning board of review.

  1. Following a public hearing, the zoning board of review shall render a decision within fifteen (15) days. The zoning board of review shall include in its decision all findings of fact and conditions, showing the vote of each participating member, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the city or town clerk within thirty (30) days from the date when the decision was rendered, and is a public record. The zoning board of review shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the zoning board of review in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
  2. Any decision by the zoning board of review, including any special conditions attached to the decision, shall be mailed within one business day of recording, by any method that provides confirmation of receipt to the applicant, to any objector who has filed a written request for notice with the zoning enforcement officer, and to the zoning enforcement officer of the city or town. Any decision evidencing the granting of a variance, modification, or special use shall also be recorded in the land evidence records of the city or town and mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant, to any objector who has filed a written request for notice with the zoning enforcement officer, and to the zoning officer. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant, and to any objector who has filed a written request for notice with the zoning enforcement officer, as well as a copy to the zoning enforcement officer.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 57, § 1; P.L. 1999, ch. 296, § 1; P.L. 2002, ch. 181, § 1; P.L. 2014, ch. 198, § 1; P.L. 2014, ch. 217, § 1; P.L. 2017, ch. 109, § 2; P.L. 2017, ch. 175, § 2.

Compiler’s Notes.

P.L. 2014, ch. 198, § 1, and P.L. 2014, ch. 217, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 109, § 2, and P.L. 2017, ch. 175, § 2 enacted identical amendments to this section.

NOTES TO DECISIONS

Record on Appeal.

Supreme court remanded for trial de novo a decision refusing exception to ordinance because board did not set out grounds of decision, although requested by applicant, even though board made a stenographic report of proceedings. Berg v. Zoning Bd. of Review, 64 R.I. 290 , 12 A.2d 225, 1940 R.I. LEXIS 40 (1940).

Supreme court would remand papers to zoning board of review for clarification where its decision did not set forth facts upon which it was based but merely recited that the board “viewed the property and neighborhood”. Buckminster v. Zoning Bd. of Review, 68 R.I. 515 , 30 A.2d 104, 1943 R.I. LEXIS 4 (1943).

Where no finding of facts and no reasons for decisions by zoning board of review appeared in the record the supreme court remanded papers to board of appeals without prejudice to the right of the petitioner to file a new proceeding with a newly created board of appeals. Heroux v. Zoning Bd. of Review, 82 R.I. 237 , 107 A.2d 303, 1954 R.I. LEXIS 39 (1954).

Decision of board was arbitrary and invalid where it refused to consider transcript of evidence prepared by its own stenographer and failed to state what evidence the board did consider in reaching its decision. Del Toro v. Zoning Bd. of Review, 82 R.I. 317 , 107 A.2d 460, 1954 R.I. LEXIS 55 (1954).

In an appeal from action of a zoning board in denying petitioners’ request for special exceptions and/or variances, where the record certified to the court contains neither the applications for building permits, nor appeals therefrom to the zoning board, nor any papers purporting to contain the requests for relief, nor a proper transcript, nor a reasonable summary of the proceedings before the board, so that the court cannot ascertain from the record the reasons on which the board’s decision is based, the court cannot review the board’s decision, but will quash it without prejudice. Russell v. Zoning Bd. of Review, 100 R.I. 728 , 219 A.2d 475, 1966 R.I. LEXIS 504 (1966).

While a summary of statements made by the petitioner and remonstrants at the hearing before the board complies with the requirements of this section, it would be more helpful to the supreme court if, in performing its duty under the statute, it had the advantage of a written transcript. Di Donato v. Zoning Bd. of Review, 104 R.I. 158 , 242 A.2d 416, 1968 R.I. LEXIS 628 (1968).

In a case in which a zoning board denied both a special-use permit and dimensional variance, the Supreme Court disapproved of the procedure employed by the zoning board. Nevertheless, the Supreme Court was satisfied that the record contained minimally sufficient findings to enable judicial review. New Castle Realty Co. v. Dreczko, 248 A.3d 638, 2021 R.I. LEXIS 30 (2021).

Right to Abstain From Voting.

The 1949 amendment to former § 45-24-14 eliminated the right to abstain from voting and the action of the board granting a petitioner the right to build a single-family dwelling on an under-sized lot because of hardship, in which four members voted affirmatively and the chairman abstained, was void. Kent v. Zoning Bd. of Review, 102 R.I. 258 , 229 A.2d 769, 1967 R.I. LEXIS 679 (1967).

45-24-61.1. Procedure — Tolling of expiration periods.

  1. Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval issued pursuant to the local ordinances promulgated under this chapter shall be tolled until June 30, 2017. For the purposes of this section, “tolling” shall mean the suspension or temporary stopping of the running of the applicable permit or approval period.
  2. Said tolling need not be recorded in the land evidence records to be valid; however, a notice of the tolling must be posted in the municipal planning department, and near the land evidence records.
  3. The tolling shall apply only to approvals or permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2017, and shall not revive expired approvals.
  4. The expiration dates for all permits and approvals issued before the tolling period began will be recalculated as of July 1, 2017, by adding thereto the number of days between November 9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration dates for all permits and approvals issued during the tolling period will be recalculated as of July 1, 2017, by adding thereto the number of days between the day the permit or approval was issued and the day the permit or approval otherwise would have expired.

History of Section. P.L. 2009, ch. 198, § 3; P.L. 2009, ch. 199, § 3; P.L. 2010, ch. 209, § 2; P.L. 2010, ch. 215, § 2; P.L. 2011, ch. 56, § 3; P.L. 2011, ch. 65, § 3; P.L. 2013, ch. 137, § 3; P.L. 2013, ch. 184, § 3; P.L. 2015, ch. 103, § 3; P.L. 2015, ch. 114, § 3; P.L. 2016, ch. 117, § 2; P.L. 2016, ch. 118, § 2.

Compiler’s Notes.

P.L. 2011, ch. 56, § 3, and P.L. 2011, ch. 65, § 3 enacted identical amendments to this section.

P.L. 2013, ch. 137, § 3, and P.L. 2013, ch. 184, § 3 enacted identical amendments to this section.

P.L. 2015, ch. 103, § 3, and P.L. 2015, ch. 114, § 3 enacted identical amendments to this section.

P.L. 2016, ch. 117, § 2, and P.L. 2016, ch. 118, § 2 enacted identical amendments to this section.

Applicability.

P.L. 2009, ch. 198, § 6, provides that the enactment of this section by that act takes effect upon passage [November 9, 2009] and applies only to approvals and permits in effect at the time of passage and shall not revive any expired approval or permit.

P.L. 2009, ch. 199, § 6, provides that the enactment of this section by that act takes effect upon passage [November 9, 2009] and applies only to approvals and permits in effect at the time of passage and shall not revive any expired approval or permit.

P.L. 2010, ch. 209, § 5, provides that the amendment to this section by that act takes effect upon passage [June 25, 2010], and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2011, and shall not revive any expired approval or permit.

P.L. 2010, ch. 215, § 5, provides that the amendment to this section by that act takes effect upon passage [June 25, 2010], and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2011, and shall not revive any expired approval or permit.

P.L. 2011, ch. 56, § 5 provides that the amendment to this section by that act takes effect upon passage [June 8, 2011] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2013 but shall not revive any expired approval or permit.

P.L. 2011, ch. 65, § 5 provides that the amendment to this section by that act takes effect upon passage [June 8, 2011] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2013 but shall not revive any expired approval or permit.

P.L. 2013, ch. 137, § 5, provides that the amendment to this section by that act takes effect on June 25, 2013 and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but shall not revive any expired approval or permit.

P.L. 2013, ch. 184, § 5, provides that the amendment to this section by that act takes effect on July 11, 2013 and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but shall not revive any expired approval or permit.

P.L. 2015, ch. 103, § 5, provides that the amendment to this section by that act takes effect upon passage [June 19, 2015] and shall apply to approvals and permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, but shall not revive any expired approval or permit.

P.L. 2015, ch. 114, § 5, provides that the amendment to this section by that act takes effect upon passage [June 19, 2015] and shall apply to approvals and permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, but shall not revive any expired approval or permit.

P.L. 2016, ch. 117, § 3, provides that the amendment to this section by that act takes effect upon passage [June 22, 2016] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2017, but shall not revive any expired approval or permit.

P.L. 2016, ch. 118, § 3, provides that the amendment to this section by that act takes effect upon passage [June 22, 2016] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2017, but shall not revive any expired approval or permit.

45-24-62. Administration — Judicial aid in enforcement.

The supreme court and the superior court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the city or town, instituted by its city or town solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:

  1. To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of any zoning ordinance enacted under the authority of this chapter, and to order its removal or abatement as a nuisance;
  2. To compel compliance with the provisions of any zoning ordinance enacted under the authority of this chapter;
  3. To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of any zoning ordinance enacted under the provisions of this chapter and to authorize some official of the city or town, in the default of the removal by the owner, to remove it at the expense of the owner;
  4. To order the reimbursement for any work or materials done or furnished by or at the cost of the city or town;
  5. To order restoration by the owner, where practicable; and/or
  6. To issue fines and other penalties.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

In General.

The legislature conferred upon the local legislatures authority to invoke judicial assistance by the institution of an appropriate proceeding in the name of the municipality through the action of the city or town solicitor and in so doing the legislature intended to limit the exercise of jurisdiction by the courts in the enforcement of zoning ordinances to such proceedings only as were brought in the name of a municipality by its designated municipal legal officer and in so doing intended to exclude individual landowners from the institution of unnecessary litigation that would only burden the courts. Lincoln v. Cournoyer, 95 R.I. 280 , 186 A.2d 728, 1962 R.I. LEXIS 162 (1962).

Former §§ 45-24-7 and 45-24-6 together disclose a complete overall legislative scheme for the enforcement of zoning provisions and confer exclusive jurisdiction in those matters upon the courts, precluding a local legislative body from effectively making a similar grant of such jurisdiction to the zoning board. Mauran v. Zoning Bd. of Review, 104 R.I. 604 , 247 A.2d 853, 1968 R.I. LEXIS 691 (1968).

This section requires a separate judicial proceeding; a motion to comply, filed by the zoning board, not the town, at the conclusion of a property owner’s zoning appeal, simply does not pass muster. McLaughlin v. Zoning Bd. of Review of Tiverton, 186 A.3d 597, 2018 R.I. LEXIS 86 (2018).

Under the extraordinary facts of the case, the Superior Court erred by denying a property owner’s motion under R.I. Super. Ct. R. Civ. P. 60 (b)(6) to vacate an order compelling him to remove his garage because a separate judicial proceeding was required under § 45-24-62 ; the zoning board’s “Motion for Order to Comply”, filed at the conclusion of the property owner’s zoning appeal, was not a “due proceeding” in the name of the city or town, as required by the statute. Moreover, at the time the zoning board filed the motion for order to comply, final judgment had entered in the zoning appeal. McLaughlin v. Zoning Bd. of Review of Tiverton, 186 A.3d 597, 2018 R.I. LEXIS 86 (2018).

Order compelling a property owner to remove his garage was not void under R.I. Super. Ct. R. Civ. P. 60 (b)(4) because (1) § 45-24-62 clearly vested in the Superior Court the jurisdiction to order the owner to remove his garage; and (2) as the owner was provided with notice and afforded an opportunity to be heard, the order did not go so beyond the pale as to evince “a plain usurpation of power constituting a violation of due process”. McLaughlin v. Zoning Bd. of Review of Tiverton, 186 A.3d 597, 2018 R.I. LEXIS 86 (2018).

Aggrieved Person.

Under former §§ 45-24-6 and 45-24-7 assigning responsibility for protection of public interest in the preservation and maintenance of integrity of zoning laws to local government, such government becomes an aggrieved person within the meaning of former § 45-24-20 and may appeal thereunder whenever public interest is affected by the action of a zoning board. East Providence v. Shell Oil Co., 110 R.I. 138 , 290 A.2d 915, 1972 R.I. LEXIS 890 (1972).

In a zoning dispute, the local government may apply for certiorari in the supreme court, even though it was not judicially involved at the superior court level. East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

Homeowners were proper parties to seek an adjudication under the Uniform Declaratory Judgments Act (UDJA) that a university’s proposed use (construction of artificial-turf field hockey field) was unlawful and the university’s institutional master plan was deficient under applicable laws because (1) the homeowners’ alleged economic damages were an injury in fact for standing purposes under the UDJA, (2) the homeowners did not seek to compel a city to enforce the city’s zoning ordinance but only a declaration that zoning violations existed, and (3) the homeowners’ failure to seek available administrative remedies did not bar their request for declaratory relief. Key v. Brown Univ., 163 A.3d 1162, 2017 R.I. LEXIS 99 (2017).

Appeals.

Defendant’s appeal from judgment ordering him to remove a trailer which violated town zoning ordinance was denied, where his constitutional objections were improperly raised, there was no indication that the town acted arbitrarily, and he neglected to avail himself of existing zoning grievance procedures. Foster v. Lamphere, 117 R.I. 541 , 368 A.2d 1238, 1977 R.I. LEXIS 1724 (1977).

Initiation of Actions.

In accordance with former §§ 45-24-6 and 45-24-7, only the municipality, through its town solicitor, may initiate proceedings to enforce local zoning ordinances. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980); Charlestown v. Beattie, 422 A.2d 1250, 1980 R.I. LEXIS 1856 (1980).

Former §§ 45-24-6 and 45-24-7, which are read in pari materia, confer exclusive jurisdiction of these matters upon the courts and preclude a local legislative body from making a similar grant of such jurisdiction to the zoning board and from designating the building inspector as the proper party to bring such actions. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980).

Intervention.

Although the supreme court has permitted intervention in suits brought by a town to enjoin zoning violations, only the town has standing to initiate the action. Charlestown v. Beattie, 422 A.2d 1250, 1980 R.I. LEXIS 1856 (1980).

Termination of the right of intervenors to relief cannot supersede and cut off the town’s right to maintain an action under this section. Charlestown v. Beattie, 422 A.2d 1250, 1980 R.I. LEXIS 1856 (1980).

Limitation on Enforcement.

Adjacent owners are not entitled to enforce compliance with building permit, since that is the exclusive duty of city officials. Mastrati v. Strauss, 75 R.I. 417 , 67 A.2d 29, 1949 R.I. LEXIS 60 (1949).

Former § 45-24-7 requires that any equitable actions brought in the name of the municipality pursuant to former § 45-24-6 for the enforcement thereof must be brought by the municipality only, exclusively through its city or town solicitor; and precludes the local legislature from effectively designating the building inspector to bring such actions. Mauran v. Zoning Bd. of Review, 104 R.I. 604 , 247 A.2d 853, 1968 R.I. LEXIS 691 (1968).

Only the town, through its solicitor, can initiate actions to enforce local zoning ordinances pursuant to the statute which prescribes the exclusive manner in which actions can be initiated in keeping with the legislative intent to exclude individual landowners from the institution of unnecessary litigation that would burden the courts and harass the affected landowners. Coventry v. Hickory Ridge Campground, 111 R.I. 716 , 306 A.2d 824, 1973 R.I. LEXIS 1268 (1973).

Judicial aid in the enforcement of ordinances is to be sought only by cities or towns, acting through their solicitors, and not by zoning boards themselves. Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 120 R.I. 470 , 388 A.2d 1369, 1978 R.I. LEXIS 702 (1978).

It was error to issue injunctive relief without first balancing the equities where the present owner had no prior knowledge of the violations committed by their predecessors in title. East Providence v. Rhode Island Hosp. Trust Nat'l Bank, 505 A.2d 1143, 1986 R.I. LEXIS 417 (1986).

— Powers of Board of Review.

The remedies granted to the city or town for violations of the zoning ordinance are exclusive and the zoning board of review may not base refusal of an exception or variance upon prior violations of the ordinance by the petitioner. Wyss v. Zoning Bd. of Review, 99 R.I. 562 , 209 A.2d 225, 1965 R.I. LEXIS 480 (1965).

Mandamus.

Where plaintiffs alleged that proposed multifamily units would cause their property to diminish in value, clearly a private or particular interest to be protected, and although the plaintiffs might have prevailed on the issue of standing, their effort to seek the issuance of a writ of mandamus was properly rejected, since there was a question of discretion vested not only in the solicitor but also in the bulding inspector. O'Neill v. Carr, 522 A.2d 1213, 1987 R.I. LEXIS 436 (1987).

Unauthorized Permits.

An unauthorized issuance of a building permit could not vitiate the town’s right to have zoning violations enjoined. Charlestown v. Beattie, 422 A.2d 1250, 1980 R.I. LEXIS 1856 (1980).

Collateral References.

Remedies to compel municipal officials to enforce zoning regulations. 35 A.L.R.2d 1135.

45-24-63. Appeals — Right of appeal.

  1. A zoning ordinance adopted pursuant to this chapter shall provide that an appeal from any decision of an administrative officer or agency charged in the ordinance with the enforcement of any of its provisions may be taken to the zoning board of review by an aggrieved party.
  2. A zoning ordinance adopted pursuant to this chapter shall provide that an appeal from a decision of the zoning board of review may be taken by an aggrieved party to the superior court for the county in which the city or town is situated.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-64. Appeals — Appeals to zoning board of review.

An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party. The appeal shall be taken within a reasonable time of the date of the recording of the decision by the zoning enforcement officer or agency by filing with the officer or agency from whom the appeal is taken and with the zoning board of review a notice of appeal specifying the ground of the appeal. The officer or agency from whom the appeal is taken shall immediately transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board or commission.

History of Section. P.L. 1991, ch. 307, § 1.

NOTES TO DECISIONS

Exhaustion of Administrative Appeals.

Exhaustion of the administrative appeal provided for in this section is not required as a prerequisite to a civil suit where an attempt to have the board of review grant a special exemption or variance would be futile. Annicelli v. South Kingstown, 463 A.2d 133, 1983 R.I. LEXIS 1010 (1983).

Findings.

Trial court clearly erred by finding that alterations to a hotel were not permissible under R.I. Gen. Laws § 45-24-40(c) , and the trial justice exceeded her authority under R.I. Gen. Law § 45-24-69(d) by misconstruing a city ordinance concerning alterations to nonconforming uses, as the ordinance did not prohibit alterations without a variance and the hotel’s improvements relating to the decking, stairs, parking area, and courtyards did not expand or change the use, or otherwise violate the ordinance. Cohen v. Duncan, 970 A.2d 550, 2009 R.I. LEXIS 61 (2009).

Malicious Prosecution or Abuse of Process.

The appeal of the issuance of a building permit to a zoning board of review constitutes the initiation of a legal proceeding for purposes of a claim for malicious prosecution or a claim for abuse of process. Hillside Assocs. v. Stravato, 642 A.2d 664, 1994 R.I. LEXIS 175 (1994).

Persons Aggrieved.

Adjoining property owner is entitled to a hearing on proposed construction of building in an established zone. Madden v. Zoning Bd. of Review, 48 R.I. 175 , 136 A. 493, 1927 R.I. LEXIS 35 (1927).

A tenant at sufferance did not have sufficient interest to support an application for a variance. Gallagher v. Zoning Bd. of Review, 95 R.I. 225 , 186 A.2d 325, 1962 R.I. LEXIS 151 (1962).

Power of Board.

Although the power of the building inspector is restricted to enforce the zoning ordinances as enacted, the power of the board is much broader and it may provide relief in hardship cases on appeal. Ajootian v. Zoning Bd. of Review, 85 R.I. 441 , 132 A.2d 836, 1957 R.I. LEXIS 49 (1957).

Procedure.

Applicants for a building permit who are denied such permit by the building inspector should appeal to the zoning board of review from such ruling and making him and his records a part of the proceedings. Kent v. Zoning Bd. of Review, 102 R.I. 258 , 229 A.2d 769, 1967 R.I. LEXIS 679 (1967).

Where a zoning board order has been appealed under this section a party to the proceeding may not circumvent this administrative procedure by seeking injunctive relief in the courts. Hartunian v. Matteson, 109 R.I. 509 , 288 A.2d 485, 1972 R.I. LEXIS 1213 (1972). See also Hartunian v. Matteson, 108 R.I. 938 , 278 A.2d 867, 1971 R.I. LEXIS 1489 (1971).

Time for Appeal.

An appeal was not taken by adjoining property owner within a reasonable time where formal appeal was not taken until the work done under the building permit was substantially completed even though verbal objections had been made prior thereto. MacGregor v. Zoning of Review, 94 R.I. 362 , 180 A.2d 811, 1962 R.I. LEXIS 84 (1962).

Where an appeal was not filed within 30 days from the date of the issuance of the building permit, the board did not err in denying it on the issue of timeliness, further the board was bound by the provisions of the ordinance providing that appeals must be taken within a reasonable time but in no case shall such reasonable time exceed 30 days. MacGregor v. Zoning of Review, 94 R.I. 362 , 180 A.2d 811, 1962 R.I. LEXIS 84 (1962).

A municipal ordinance passed pursuant to this and related sections, which provide for an appeal within a reasonable time, cannot abridge such right of appeal by arbitrary time limit. Hartunian v. Matteson, 109 R.I. 509 , 288 A.2d 485, 1972 R.I. LEXIS 1213 (1972).

Although question not squarely before court in this case, it held that, if it were, it probably would be constrained to hold that a rule adopted by a zoning board of review pursuant to this section limiting time of appeal to an arbitrary period from the date of the decision appealed from, rather than from the time when appellant was chargeable with knowledge of such decision would be invalid as contrary to the intent of the general assembly. Hartunian v. Matteson, 109 R.I. 509 , 288 A.2d 485, 1972 R.I. LEXIS 1213 (1972).

Where appeal, although filed more than 30 days after building permits issued, was filed day after petitioners learned nature of construction, appeal was reasonable and not untimely. Hardy v. Zoning Bd. of Review, 113 R.I. 375 , 321 A.2d 289, 1974 R.I. LEXIS 1189 (1974).

The determination of the timeliness of appeal must depend upon the peculiar facts of the instant case. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980).

A reasonable time for the appeal from the grant of a building permit does not necessarily begin to run the moment the permit is issued or the construction commenced. Zeilstra v. Barrington Zoning Bd. of Review, 417 A.2d 303, 1980 R.I. LEXIS 1672 (1980).

45-24-65. Appeals — Stay of proceedings.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer or agency from whom the appeal is taken certifies to the zoning board of review, after an appeal has been filed, that by reason of facts stated in the certificate a stay would in the officer’s or agency’s opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-66. Appeals — Public hearing by zoning board of review.

The zoning board of review shall fix a reasonable time for the hearing of the appeal, and shall give public notice, at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of the hearing, which shall include the street address of the subject property, shall be sent by first class mail, postage prepaid, to the appellant and to those requiring notice under § 45-24-53 . The zoning board of review shall decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 209, § 1.

NOTES TO DECISIONS

Appearance.

Petitioner’s appearance before the board was proof that she had an opportunity to present facts. Perrier v. Board of Appeals, 86 R.I. 138 , 134 A.2d 141, 1957 R.I. LEXIS 91 (1957).

There was no merit in petitioner’s contention that the optionee of land had no standing before the board of review to seek a special exception or variance since the owner of the land joined in the application, and was represented at the hearing by counsel. Cranston Jewish Ctr. v. Zoning Bd. of Review, 93 R.I. 364 , 175 A.2d 296, 1961 R.I. LEXIS 114 (1961).

Historic Zoning Review.

In appeals from decisions of historic zoning commissions under § 45-24.1-7 where ordinance provided for appeals under this section, the board does not merely exercise appellate jurisdiction, limited as it were to a review of the record compiled at a hearing held by the commission, rather it is authorized to consider the question de novo. Hayes v. Smith, 92 R.I. 173 , 167 A.2d 546, 1961 R.I. LEXIS 12 (1961).

Notice.

The statutory notice of hearing on an application for an exception is not given to poll the neighborhood on the question involved but is to give interested parties an opportunity to present facts which would assist the zoning board in determining whether to grant or deny the application. Petrarca v. Zoning Bd. of Review, 78 R.I. 130 , 80 A.2d 156, 1951 R.I. LEXIS 47 (1951).

A public notice of appeal concerning the moving of a dwelling “from lot #7 to lot #300” was a proper constructive notice under this section since it properly described the property even though the zoning board of review found that the application was for removal of the dwelling from one location to another on the same lot. Signore v. Zoning Bd. of Review, 98 R.I. 26 , 199 A.2d 601, 1964 R.I. LEXIS 126 (1964).

Where notice of hearing was signed by the clerk of the board of review rather than the building inspector as provided by the ordinance, the board did not lack jurisdiction since property owner entitled to notice received same and all petitioners were either present at the hearing or appeared by petition. Titus v. Zoning Bd. of Review, 99 R.I. 211 , 206 A.2d 630, 1965 R.I. LEXIS 420 (1965).

Notice is a jurisdictional prerequisite and such notice must also advise concerning the precise character of the relief sought and the specific property for which that relief is sought. Carroll v. Zoning Bd. of Review, 104 R.I. 676 , 248 A.2d 321, 1968 R.I. LEXIS 706 (1968).

Remand.

Hearings held by zoning board, subsequent to a remand by superior court, shall be conducted with the interest of the parties involved in mind and in the manner and subject to the notice requirements of this section. Thibodeau v. Zoning Bd. of Review, 108 R.I. 410 , 276 A.2d 283, 1971 R.I. LEXIS 1282 (1971).

Sufficiency of Notice.

Since public notice and notice to interested parties is required to be given of the hearing on appeal, board was without jurisdiction where variance in question affected both lots 52 and 165 and the application and advertisement only set out the proposal as involving lot 52. Mello v. Board of Review, 94 R.I. 43 , 177 A.2d 533, 1962 R.I. LEXIS 25 (1962).

Where advertisement of the pendency of hearing on extension of home for elderly persons was published in a daily newspaper circulated in the city such notice constituted a sufficient compliance with the notice requirements without personal notice to the owners of land in the prescribed area. Tuite v. Zoning Bd. of Review, 95 R.I. 12 , 182 A.2d 311, 1962 R.I. LEXIS 114 (1962).

Notice given of hearing by zoning board on application for exception or variance was adequate though it misstated the identity of one of the applicants, where it gave the time of hearing and the relief sought and correctly identified the other applicant and the land involved. Carroll v. Zoning Bd. of Review, 104 R.I. 676 , 248 A.2d 321, 1968 R.I. LEXIS 706 (1968).

Notice of an appeal from the decision of the building inspector granting a permit for the erection of a restaurant on lots 78 and 79 which referred only to lot 79 was deficient although the tax assessors had on the day of the filing of the appeal merged the two lots into lot 79 for tax purposes. Boggs v. Zoning Bd. of Review, 107 R.I. 80 , 264 A.2d 923, 1970 R.I. LEXIS 741 (1970).

The same test used to determine sufficiency of notice former § 45-24-18 was applied to former § 45-24-4.1, that is, whether the notice was sufficient to inform an ordinary layman lacking expertise in zoning matters of the property affected and the changes sought. Sweetman v. Town of Cumberland, 117 R.I. 134 , 364 A.2d 1277, 1976 R.I. LEXIS 1608 (1976).

Notice of hearing on application for zoning relief must be reasonably calculated to inform interested parties of the pendency of the action, of the precise character of the relief sought, and of the particular property to be affected, but need not necessarily be letter-perfect; where, however, a notice incorrectly described the affected property’s lot number, and the remaining language insufficiently identified the property, the notice was fatally defective as there was a possibility that an interested person could be misled into inaction or left in doubt concerning the specific properties involved. Paquette v. Zoning Bd. of Review, 118 R.I. 109 , 372 A.2d 973, 1977 R.I. LEXIS 1436 (1977).

Waiver of Notice.

Petitioner waived right to object to lack of personal notice where he appeared with counsel at the hearing and availed himself of the full opportunity to show cause against the permit for garage, did not object to the failure of notice, and never claimed that such failure prejudiced him. Hirsch v. Zoning Bd. of Review, 56 R.I. 463 , 187 A. 844, 1936 R.I. LEXIS 121 (1936).

45-24-67. Appeals — Participation in zoning hearing.

Participation in a zoning hearing or other proceeding by a party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-68. Appeals — Decisions and records of zoning board of review.

In exercising its powers the zoning board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make any orders, requirements, decisions, or determinations that ought to be made, and to that end has the powers of the officer from whom the appeal was taken. All decisions and records of the zoning board of review respecting appeals shall conform to the provisions of § 45-24-61 .

History of Section. P.L. 1991, ch. 307, § 1.

45-24-69. Appeals — Appeals to superior court.

  1. An aggrieved party may appeal a decision of the zoning board of review to the superior court for the county in which the city or town is situated by filing a complaint stating the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the office of the city or town clerk. The decision shall be posted in a location visible to the public in the city or town hall for a period of twenty (20) days following the recording of the decision in the office of the city or town clerk. The zoning board of review shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies, together with other facts that may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the zoning board are made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.
  2. If, before the date set for the hearing in the superior court, an application is made to the court for leave to present additional evidence before the zoning board of review and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the zoning board of review, the court may order that the additional evidence be taken before the zoning board of review upon conditions determined by the court. The zoning board of review may modify its findings and decision by reason of the additional evidence and file that evidence and any new findings or decisions with the superior court.
  3. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the zoning board of review and, if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, constitutes the record upon which the determination of the court is made.
  4. The court shall not substitute its judgment for that of the zoning board of review as to the weight of the evidence on questions of fact. The court may affirm the decision of the zoning board of review or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:
    1. In violation of constitutional, statutory, or ordinance provisions;
    2. In excess of the authority granted to the zoning board of review by statute or ordinance;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 1999, ch. 296, § 1.

Law Reviews.

David M. Remillard, 2016 Survey, Cases: Administrative Procedure: Tarbox v. Zoning Bd. of Review of Jamestown, 22 Roger Williams U. L. Rev. 693 (2017).

NOTES TO DECISIONS

Affirmance.

In granting respondents’ application for a special-use permit, a city zoning board had not been required to consider that the proposed addition would increase the property’s three-dimensional size, because under the zoning ordinance, a calculation of building mass was not a criterion for alteration of a dimensionally nonconforming structure. Lloyd v. Zoning Bd. of Review for Newport, 62 A.3d 1078, 2013 R.I. LEXIS 41 (2013).

Respondents had not been required to obtain a dimensional variance in order to alter and increase a dimensionally nonconforming development; under the city’s ordinance, the appropriate form of relief was a special-use permit, which the zoning board properly granted. Lloyd v. Zoning Bd. of Review for Newport, 62 A.3d 1078, 2013 R.I. LEXIS 41 (2013).

Invoking Superior Court Jurisdiction.

As the filing of a notice of appeal is a sine qua non in order to invoke the jurisdiction of the Supreme Court for appellate purposes, the filing of a notice of appeal with the clerk of the superior court for the appropriate county is an essential condition precedent to the invoking of the jurisdiction of the superior court to review a decision of a zoning board, and in both instances, the necessary act is the filing, not the mailing or sending notice to an adversary. Mauricio v. Zoning Bd. of Review, 590 A.2d 879, 1991 R.I. LEXIS 89 (1991).

Parties to Review — Aggrieved Persons.

On petition for writ of certiorari to reverse decision of board of review granting the petition for an exception under the zoning ordinance of the city permitting certain real estate to be used for a funeral home, petitioner whose property was a short distance from the property in question was and “aggrieved person” even though no reference was made to the type of district in which her property was located or the nature or character of her property. Bastedo v. Board of Review, 89 R.I. 420 , 153 A.2d 531, 1959 R.I. LEXIS 103 (1959).

The petition is sufficient to show aggrievement where petitioner alleges that his property is in close proximity with real estate of applicant seeking variance. Di Iorio v. Zoning Bd. of Review, 105 R.I. 357 , 252 A.2d 350, 1969 R.I. LEXIS 764 (1969).

A property owner is aggrieved when the property of which he is the owner is devoted to a use that would be naturally affected adversely by a decision granting an exception or a variance applicable to the land of another. D'Almeida v. Sheldon Realty Co., 105 R.I. 317 , 252 A.2d 23, 1969 R.I. LEXIS 759 (1969).

The 1969 amendment is applicable to persons aggrieved by zoning board decisions which were filed after 12:01 p.m., September 15, 1969. Hester v. Timothy, 108 R.I. 376 , 275 A.2d 637, 1971 R.I. LEXIS 1278 (1971).

Under former §§ 45-24-20, 45-24-6 and 45-24-7 a city solicitor is an aggrieved person under the statute and may properly appeal on behalf of the municipality from the decision of a zoning board. East Providence v. Shell Oil Co., 110 R.I. 138 , 290 A.2d 915, 1972 R.I. LEXIS 890 (1972).

In a zoning dispute, the local government may apply for certiorari in the supreme court, even though it was not judicially involved at the superior court level. East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

Respondent adjoining property owners were aggrieved parties within the meaning of R.I. Gen. Laws §§ 45-24-31(4) and 45-24-69(a) and could appeal a decision of a town zoning board of review that petitioner property owners’ lot did not comply with the lot size requirements under town subdivision regulations. Murphy v. Zoning Bd. of Review of S. Kingstown, 959 A.2d 535, 2008 R.I. LEXIS 106 (2008).

Record Considered.

In reviewing the “whole record,” the reviewing court is not empowered to substitute its judgment for that of the zoning board if it can conscientiously find that the board’s decision was supported by substantial evidence in the whole record. Apostolou v. Genovesi, 120 R.I. 501 , 388 A.2d 821, 1978 R.I. LEXIS 696 (1978).

Zoning boards of review must record their proceedings in sufficient detail to allow a reviewing court to ascertain the grounds of decision. Holmes v. Dowling, 413 A.2d 95, 1980 R.I. LEXIS 1513 (1980).

In reviewing a decision of a zoning board of review, the trial justice must examine the whole record to determine whether the findings of the zoning board were supported by substantial evidence. Caswell v. George Sherman Sand & Gravel Co., 424 A.2d 646, 1981 R.I. LEXIS 1021 (1981).

Relief Granted.

Where there was no evidence indicating that full compliance with the boundary requirement of an ordinance would constitute more than mere inconvenience affecting the full enjoyment of the permitted use, an application for variance was properly denied. Kilduff Bros. Builders v. Town Council of Johnston, 447 A.2d 1142, 1982 R.I. LEXIS 947 (1982).

Remand to Board.

Superior court, on appeal from decision of zoning board granting relief from lot and side yard requirements of ordinance, has jurisdiction on its own initiative to remand cause to the board for taking evidence on issue of unnecessary hardship. Thibodeau v. Zoning Bd. of Review, 108 R.I. 410 , 276 A.2d 283, 1971 R.I. LEXIS 1282 (1971).

When the zoning board fails to state its findings of fact, the court will not search the record for supporting evidence or decide for itself what is proper in the circumstances but will remand for further proceedings. Irish Partnership v. Rommel, 518 A.2d 356, 1986 R.I. LEXIS 559 (1986).

The trial justice had the authority to remand a case to the zoning board of review for further proceedings. This authority, however, should not be exercised in such circumstances as to allow remonstrants another opportunity to present a case when the evidence presented initially is inadequate. Roger Williams College v. Gallison, 572 A.2d 61, 1990 R.I. LEXIS 59 (1990).

A remand for further proceedings should be based upon a genuine defect in the proceedings in the first instance, which defect is not the fault of the parties seeking the remand, or upon the fact that there is not record of the proceedings upon which a reviewing court may act. Roger Williams College v. Gallison, 572 A.2d 61, 1990 R.I. LEXIS 59 (1990).

Reversal.

Court misapplied the law, thus mandating reversal, where the court, in its decision, mentioned but did not fully consider the impact of an earlier proceeding upon the zoning board’s power to remove restrictions accompanying a grant of a prior special exception absent a showing of changed circumstances. Audette v. Coletti, 539 A.2d 520, 1988 R.I. LEXIS 47 (1988).

The superior court misapplies the law in affirming the zoning board’s denial of an application for a deviation from compliance with minimum lot size and frontage requirements, where refusing the property owner permission to build a house amounts to an adverse impact amounting to more than a mere inconvenience. Felicio v. Fleury, 557 A.2d 480, 1989 R.I. LEXIS 77 (1989).

The trial justice did not act within his authority under this section in upholding the zoning board’s erroneous conclusion regarding a pre-existing nonconforming use nor in upholding a board decision regarding parking as an accessory use, which decision was affected by error of law. Harmel Corp. v. Members of Zoning Bd. of Review, 603 A.2d 303, 1992 R.I. LEXIS 20 (1992).

In an action filed by a homeowners’ association appealing a decision by the Zoning Board of Review of Cranston which granted a variance to the city zoning code to two homeowners so they could build a stable and keep a miniature horse on four acres they owned, the trial judge exceeded his authority when he conducted a view of the homeowners’ property and asked the city clerk for a copy of the city code; the trial judge erred when he found that a restrictive covenant that prohibited the homeowners from keeping animals, livestock, and poultry on their property was ambiguous and did not prohibit them from keeping a miniature horse; and the homeowners did not meet their burden of proving that the covenant should not be enforced against them because it was not enforced against others. Ridgewood Homeowners Ass'n v. Mignacca, 813 A.2d 965, 2003 R.I. LEXIS 8 (2003).

Trial court clearly erred by finding that alterations to a hotel were not permissible under R.I. Gen. Laws § 45-24-40(c) , and the trial justice exceeded her authority under R.I. Gen. Law § 45-24-69(d) by misconstruing a city ordinance concerning alterations to nonconforming uses, as the ordinance did not prohibit alterations without a variance and the hotel’s improvements relating to the decking, stairs, parking area, and courtyards did not expand or change the use, or otherwise violate the ordinance. Cohen v. Duncan, 970 A.2d 550, 2009 R.I. LEXIS 61 (2009).

Review by Supreme Court.

The Supreme Court does not weigh the evidence; instead it reviews the record to determine whether substantial evidence existed to support the superior court justice’s decision. OK Properties v. Zoning Bd. of Review, 601 A.2d 953, 1992 R.I. LEXIS 6 (1992).

Neither this section nor its predecessor, § 45-24-20, provides for any appeal to the Supreme Court from a Superior Court judgment on an appeal from a decision of a zoning board of review. Thus, review may be obtained only by the common law writ of certiorari, which may be issued pursuant to the plenary power granted to the Supreme Court by the Constitution of the State of Rhode Island. Gabriele v. Rocchio, 665 A.2d 566, 1995 R.I. LEXIS 224 (1995).

In a zoning case, a zoning board of appeals properly denied an applicant an exemption from the requirement to provide access to the public water supply to a lot because the connection could not otherwise be accomplished and the lot was not grandfathered from compliance. Mill Realty Assocs. v. Crowe, 841 A.2d 668, 2004 R.I. LEXIS 36 (2004).

Where the challengers appealed a trial court zoning decision by filing a notice of appeal to the high court rather than a petition for writ of certiorari, the appeal was not properly before the high court since there was no right to appeal a zoning decision under R.I. Gen. Laws § 45-24-69 ; the fact that the challengers added a declaratory judgment count to the appeal did not permit a bypass of the writ of certiorari requirement. Northern Trust Co. v. Zoning Bd. of Review, 899 A.2d 517, 2006 R.I. LEXIS 95 (2006).

Going forward, a litigant seeking the Rhode Island Supreme Court’s review of a Superior Court trial justice’s ruling on a request for reasonable litigation expenses under the Equal Access to Justice for Small Businesses and Individuals Act, § 42-92-1 et seq., in a case that is in Superior Court on appeal from the decision of a zoning board under this section must petition the Supreme Court for a writ of certiorari. Tarbox v. Zoning Bd. of Review, 142 A.3d 191, 2016 R.I. LEXIS 38 (2016).

Right to Review.

Zoning board has no legal standing to ask supreme court to issue its prerogative writ of certiorari to review a superior court judgment reversing a decision of the board since the board is neither a partisan nor has it personal or official interest in the matter other than to decide the matter according to law and to prove fact. Hassell v. Zoning Bd. of Review, 108 R.I. 349 , 275 A.2d 646, 1971 R.I. LEXIS 1271 (1971); East Greenwich v. Day, 119 R.I. 1 , 375 A.2d 953, 1977 R.I. LEXIS 2110 (1977).

The general certiorari standard of review is inapplicable in the superior court, which must follow the statutory criteria set forth in this section. Toohey v. Kilday, 415 A.2d 732, 1980 R.I. LEXIS 1679 (1980).

The superior court has jurisdiction to review the denial by a zoning board of an application for a variance, although such review is limited to a determination of whether the zoning board’s decision was arbitrary or an abuse of discretion. Consolidated Realty Corp. v. Town Council of North Providence, 513 A.2d 1, 1986 R.I. LEXIS 537 (1986).

Superior court, in reviewing a refusal by a town zoning board to sanction a project, cannot consider an application for the project as seeking a variance from zoning requirements where the applicant failed to seek relief by way of variance before the board. Northeastern Corp. v. Zoning Bd. of Review, 534 A.2d 603, 1987 R.I. LEXIS 570 (1987).

Scope.

An appeal in a zoning proceeding involving a public utility may not be taken under this section but must be taken under the provisions of § 39-1-30 . Merciol v. New Eng. Tel. & Tel. Co., 110 R.I. 149 , 290 A.2d 907, 1972 R.I. LEXIS 892 (1972).

Former § 45-24-20 altered the scope of review previously established by decisional law in that it required not “some” or “any” evidence but “substantial” evidence on the whole record to support the board’s findings. Kilduff Bros. Builders v. Town Council of Johnston, 447 A.2d 1142, 1982 R.I. LEXIS 947 (1982).

Former § 45-24-20 goverened superior court’s review of appeals from decisions made by various municipal zoning boards rather than legislative acts of town or city council. Kilduff Bros. Builders v. Town Council of Johnston, 447 A.2d 1142, 1982 R.I. LEXIS 947 (1982).

A reviewing court must affirm a zoning board decision if there is substantial evidence to support the board’s findings. Mendonsa v. Corey, 495 A.2d 257, 1985 R.I. LEXIS 550 (1985).

A reviewing court may not substitute its judgment for that of the zoning board. Mendonsa v. Corey, 495 A.2d 257, 1985 R.I. LEXIS 550 (1985).

In reviewing the superior court’s review of a zoning board decision, the supreme court does not weigh the evidence but rather examines the record to determine whether competent evidence exists to support the superior court justice’s decision. The justice’s decision will not be reversed unless it is shown that the superior court justice misapplied the law, misconceived or overlooked material evidence, or made findings that were clearly wrong. R.J.E.P. Assocs. v. Hellewell, 560 A.2d 353, 1989 R.I. LEXIS 128 (1989); Skelley v. Zoning Bd. of Review, 569 A.2d 1054, 1990 R.I. LEXIS 32 (1990).

An appeal from a decision of the zoning board is not a civil action but is essentially an appellate proceeding, which involves a procedure more analogous to that required to claim an appeal in the superior court from a decision or judgment of a trial court. Mauricio v. Zoning Bd. of Review, 590 A.2d 879, 1991 R.I. LEXIS 89 (1991).

The trial justice, when reviewing the action of a zoning board of review, must examine the entire record to determine whether “substantial” evidence exists to support the board’s findings. Salve Regina College v. Zoning Bd. of Review, 594 A.2d 878, 1991 R.I. LEXIS 142 (1991).

In reviewing a decision of the superior court in its consideration of an appeal from a municipal zoning board, the Supreme Court’s review is confined to a determination of whether the trial justice acted within his or her authority as set forth in this section. Sawyer v. Cozzolino, 595 A.2d 242, 1991 R.I. LEXIS 146 (1991).

Superior court exceeded its review authority when it reversed a zoning board of review’s determination that a construction and demolition (C&D) transfer station was not a permitted use under Pawtucket, R.I., Zoning Ordinance § 410-12.5(I). The uncontradicted evidence was that the city use code did not include a category for a C&D transfer station and that the city had never intended to permit such a use. Pawtucket Transfer Operations, LLC v. City of Pawtucket, 944 A.2d 855, 2008 R.I. LEXIS 40 (2008).

Substantial Evidence.

Substantial evidence means such relevant evidence that a reasonable mind might accept as adequate to support a conclusion, and means in amount more than a scintilla but less than a preponderance. Caswell v. George Sherman Sand & Gravel Co., 424 A.2d 646, 1981 R.I. LEXIS 1021 (1981).

“Substantial evidence” is more than a scintilla or merely “some” or “any” evidence but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; and it refers to the reasonableness of the action of the zoning board on the basis of the evidence before it. Kilduff Bros. Builders v. Town Council of Johnston, 447 A.2d 1142, 1982 R.I. LEXIS 947 (1982).

Zoning decisions are reviewed in accordance with essentially the same “substantial evidence in the record” test adopted by the federal telecommunications statute, 47 U.S.C.S. § 332. SNET Cellular, Inc. v. Angell, 99 F. Supp. 2d 190, 2000 U.S. Dist. LEXIS 7497 (D.R.I. 2000).

There was not substantial evidence before the zoning board to support its findings that two lots had merged, either by the landowner or by a predecessor in title, and the landowner clearly believed that he had a single acre parcel because the landowner’s property originally consisted of two lots, as depicted in a plat map, and there was not substantial evidence that they were ever merged. Iadevaia v. Town of Scituate Zoning Bd. of Review, 80 A.3d 864, 2013 R.I. LEXIS 167 (2013).

Supreme Court concluded that substantial evidence did not exist in the record to support either a zoning board’s decision to deny plaintiff’s application for a special-use permit or the trial justice’s ruling to affirm the same. The zoning board lacked the specialized knowledge necessary to itself refute the Department of Environmental Management’s decisions. New Castle Realty Co. v. Dreczko, 248 A.3d 638, 2021 R.I. LEXIS 30 (2021).

Time for Filing.

The thirty-day period within which to file a petition for writ of certiorari did not begin to run until the decision of the board of review was filed in the office of the board even though the petitioner had actual knowledge of the decision prior to that time. Lindberg's, Inc. v. Zoning Bd. of Review, 106 R.I. 667 , 262 A.2d 628, 1970 R.I. LEXIS 971 (1970).

Appellate framework of R.I. Gen. Laws § 45-24-69(a) is amended by the enactment of § 45-24-69.1(a) , which provides that an aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. Jeff Anthony Props. v. Zoning Bd. of Review, 853 A.2d 1226, 2004 R.I. LEXIS 142 (2004).

Whether an appeal was properly dismissed as untimely under R.I. Gen. Laws § 45-24-69 because of failure to give the notice required by R.I. Gen. Laws § 45-24-69 .1 was not reached in an appeal from summary judgments in consolidated actions arising out of the same zoning dispute; the notice provisions of § 45-24-69.1 were not conditions precedent to jurisdiction and failure to comply did not automatically require a party to forfeit its right to appeal from a zoning board’s adverse decision. Duffy v. Milder, 896 A.2d 27, 2006 R.I. LEXIS 48 (2006).

Collateral References.

Right to intervene in court review of zoning proceeding. 46 A.L.R.2d 1059.

Standing of lot owner to challenge validity or regularity of zoning changes dealing with neighboring property. 37 A.L.R.2d 1143.

45-24-69.1. Appeals — Notice of appeals to superior court.

  1. Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of § 45-24-69 , the aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. The persons entitled to notice are set forth and described in § 45-24-53 .
  2. Notice of the appeal shall be mailed to those parties described in § 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in superior court.
  3. The notice sent for an appeal to the superior court as described in this section shall include and contain:
    1. The caption and civil action number of the case;
    2. The date the case was filed in the superior court;
    3. The county in which the appeal to superior court was filed;
    4. The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;
    5. Language in bold type notifying the person(s) receiving the notice that an appeal has been filed in the superior court;
    6. Language indicating that the aggrieved party will serve the named defendants;
    7. Language indicating that the persons receiving the notice may retain counsel and/or participate in the appeal insofar as the law allows;
    8. Language indicating that an appeal of a decision of a zoning board to the superior court is governed by § 45-24-69 and this section; and
    9. The date of the notice shall be contained on the notice.
  4. Within twenty (20) days after a notice as described in this section is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:
    1. A complete list of all the names and addresses of the intended recipients of the notice of the hearing;
    2. The date the notice was sent;
    3. An affirmative statement verifying the notice was sent by first class mail, postage prepaid;
    4. An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;
    5. A statement identifying all notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and
    6. A copy of the form of the notice shall be attached to the affidavit.

History of Section. P.L. 2001, ch. 209, § 2; P.L. 2004, ch. 578, § 1.

NOTES TO DECISIONS

Construction.

Statutory 10-day notice requirement provided for in R.I. Gen. Laws § 45-24-69.1(b) is not jurisdictional and does not cause an aggrieved party to forfeit its right to appeal an adverse decision of a zoning board. Jeff Anthony Props. v. Zoning Bd. of Review, 853 A.2d 1226, 2004 R.I. LEXIS 142 (2004).

Appellate framework of R.I. Gen. Laws § 45-24-69(a) is amended by the enactment of § 45-24-69.1(a) , which provides that an aggrieved party shall also give notice of the appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. Jeff Anthony Props. v. Zoning Bd. of Review, 853 A.2d 1226, 2004 R.I. LEXIS 142 (2004).

Whether an appeal was properly dismissed as untimely under R.I. Gen. Laws § 45-24-69 because of failure to give the notice required by R.I. Gen. Laws § 45-24-69 .1 was not reached in an appeal from summary judgments in consolidated actions arising out of the same zoning dispute; the notice provisions of § 45-24-69.1 were not conditions precedent to jurisdiction and failure to comply did not automatically require a party to forfeit its right to appeal from a zoning board’s adverse decision. Duffy v. Milder, 896 A.2d 27, 2006 R.I. LEXIS 48 (2006).

45-24-70. Appeals — Priority in judicial proceedings.

Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending appeals and appeals subsequently taken to the court, the court shall, at the request of either party, advance the case, so that the matter is afforded precedence on the calendar and shall be heard and determined with as little delay as possible.

History of Section. P.L. 1991, ch. 307, § 1.

45-24-71. Appeals — Appeal of enactment of or amendment to zoning ordinance.

  1. An appeal of an enactment of or an amendment to a zoning ordinance may be taken to the superior court for the county in which the municipality is situated by filing a complaint within thirty (30) days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any group of residents or landowners whether or not incorporated, of the municipality. The appeal shall not stay the enforcement of the zoning ordinance, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make other orders that it deems necessary for an equitable disposition of the appeal.
  2. The complaint shall state with specificity the area or areas in which the enactment or amendment does not conform with the comprehensive plan and/or the manner in which it constitutes a taking of private property without just compensation.
  3. The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan. If the enactment or amendment is not in conformance with the comprehensive plan, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the comprehensive plan. The court shall not revise the ordinance to conform with the comprehensive plan, but may suggest appropriate language as part of the court decision.
  4. In the case of an aggrieved party, where the court has found that the enactment or amendment of the zoning ordinance is in conformance with the comprehensive plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the legislative body of the municipality, with its findings that a taking has occurred, and order the municipality to either provide just compensation or rescind the enactment or amendment within thirty (30) days.
  5. The superior court retains jurisdiction, in the event that the aggrieved party and the municipality do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. The superior court retains jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking exists.
  6. The court may, in its discretion, upon the motion of the parties or on its own motion, award reasonable attorney’s fees to any party to an appeal, including a municipality.

History of Section. P.L. 1991, ch. 307, § 1; P.L. 2001, ch. 89, § 2.

NOTES TO DECISIONS

Applicability.

Because the plaintiff developer’s brought an action for a declaratory judgment on whether zoning ordinances that hindered its ability to develop a parcel of property were validly enacted, the motion judge should have construed the action as one for a declaratory judgment pursuant to R.I. Gen. Laws § 9-30-1 rather than as an appeal of the enactment of an amendment to a zoning ordinance under R.I. Gen. Laws § 45-24-71(a) . Since the question of whether the zoning ordinances violated the notice requirement of R.I. Gen. Laws § 45-24-53 could be the subject a declaration, the case should have been decided under the declaratory judgment statute and not found to be time barred as effectively an “appeal.” Tucker Estates Charlestown, LLC v. Town of Charlestown, 964 A.2d 1138, 2009 R.I. LEXIS 18 (2009).

“Association” Construed.

A nonprofit corporation whose members were municipal residents and local landowners could not qualify as an “association” for purposes of appealing a zoning amendment, since the word “association” as used in this provision refers to an unincorporated entity that is distinct from and different from a corporation. Smithfield Voters for Responsible Dev. v. Lagreca, 755 A.2d 126, 2000 R.I. LEXIS 143 (2000).

Legislative Intent.

By foreclosing residents and landowners from forming a corporation to challenge a zoning amendment, the legislature apparently believed that those citizens who seek to mount such a challenge should not be able to insulate themselves against either personal responsibility for any fees or costs that may be assessed in connection with the prosecution or defense of zoning appeals, or from public identification of their relationship to such a challenge. Smithfield Voters for Responsible Dev. v. Lagreca, 755 A.2d 126, 2000 R.I. LEXIS 143 (2000).

Absent authority to review a city council’s failure to enact a zoning amendment, a mandatory injunction was beyond court authority and a cross appeal was properly denied. P.J.C. Realty v. Barry, 811 A.2d 1202, 2002 R.I. LEXIS 252 (2002).

Waiver of Argument.

Even though residents argued on appeal that the effective date of an amended zoning ordinance was upon printing and publication under R.I. Gen. Laws § 45-6-7 , rather than R.I. Gen. Laws § 45-24-71 , the residents failed to inform the motion justice of the legal bases for their objection to summary judgment and thus, waived the argument on appeal. Dallman v. Isaacs, 911 A.2d 700, 2006 R.I. LEXIS 194 (2006).

45-24-72. Severability.

If any provision of this chapter or any rule, regulation, or determination made under this chapter, or the application to any person, agency, or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1991, ch. 307, § 1.

Chapter 24.1 Historical Area Zoning

45-24.1-1. Declaration of purpose.

The preservation of structures of historic and architectural value and historic cemeteries, wherever located within a city or town, are declared to be a public purpose, and any city or town council has the power by ordinance to regulate the construction, alteration, repair, moving, and demolition of these structures within the limits of the city or town. It is recognized that the purpose of the ordinance is to:

  1. Safeguard the heritage of the city or town by preserving a district in a city or town which reflects elements of its cultural, social, economic, political, and architectural history;
  2. Stabilize and improve property values in that district;
  3. Foster civic beauty;
  4. Strengthen the local economy;
  5. Promote the use of the historic districts for the education, pleasure, and welfare of the citizens of the city or town; and
  6. Provide, where feasible, that in these historic districts housing, including, but not limited to, limited equity cooperative housing, be made available to low and/or moderate income residents.

History of Section. P.L. 1959, ch. 131, § 1; P.L. 1986, ch. 256, § 5; P.L. 1989, ch. 311, § 1.

Comparative Legislation.

Historical area zoning:

Conn. Gen. Stat. §§ 7-147p — 7-147y.

Mass. Ann. Laws ch. 40C, §§ 1—17.

45-24.1-1.1. Definitions.

The following terms have the following respective meanings unless a different meaning clearly appears from the context:

  1. “Alteration” means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.
  2. “Appurtenances” means features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.
  3. “Certificate of appropriateness” means a certificate issued by a historic district commission established under this chapter indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of a structure within a historic district. Appropriate for the purposes of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.
  4. “Construction” means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.
  5. “Demolition” means an act or process that destroys a structure or its appurtenances in part or in whole.
  6. “Historic district” means a specific division of a city or town as designated by ordinance of the city or town pursuant to this chapter. A historic district may include one or more structures.
  7. “Removal” means a relocation of a structure on its site or to another site.
  8. “Repair” means a change meant to remedy damage or deterioration of a structure or its appurtenances.
  9. “Structure” means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.

History of Section. P.L. 1988, ch. 373, § 1.

45-24.1-2. Historic district zoning authorized.

In order to carry out the purposes of this chapter, each city and town has the authority to establish, change, lay out, and define districts, which are deemed to be of historical or architectural value, in the same manner as those cities and towns are presently empowered to establish or change areas and classifications of zoning.

History of Section. P.L. 1959, ch. 131, § 2.

45-24.1-3. Creation of commission authorized — Membership appointment — Term of office.

  1. In order to carry out the purposes of this chapter any city or town council shall have the authority to create a commission called the historic district commission. The membership of a commission in a city shall consist of seven (7) qualified members, and in a town shall consist of not less than three (3) nor more than seven (7) qualified members, whose residence is located in the city or town; and provided, that the historic district commission of the city of Providence shall consist of eleven (11) qualified members, two (2) of whom shall be members of the city council elected by the city council from its councilmanic members to serve for a term of four (4) years. In a city the members shall be appointed by the mayor, except as provided in the case of the historic district commission of the city of Providence, and in a town, by the president of the town council. Members of an historic district commission shall be residents of the city or town.
  2. The appointed members of the commission shall be appointed for three (3) year terms, except the initial appointments of some of the members shall be for less than three (3) years so that the initial appointments are staggered and so that subsequent appointments do not reoccur at the same time.
  3. Any city or town has the right to name an auxiliary member of the commission appointed in addition to the regular members of the commission; provided, that the city of Newport shall have the right to appoint two (2) auxiliary members to its historic district commission. An auxiliary member shall sit as an active member, upon the request of the chair, when and if a regular member of the commission is unable to serve at any meeting of the commission.
  4. Appointed members of the commission are eligible for reappointment, and, upon the expiration of their term, shall continue to serve until replaced unless otherwise provided for in local law.
  5. In the event of a vacancy on the commission, interim appointments of appointed members may be made by the appointing authority to complete the unexpired term of the position.
  6. Organized and existing preservation societies may present to the appointing authority of a city or town a list of qualified citizens, from which list the appointing authority may select members of the commission for his or her respective city or town.
  7. Members of a commission shall serve without compensation.

History of Section. P.L. 1959, ch. 131, § 3; P.L. 1972, ch. 221, § 1; P.L. 1976, ch. 142, § 1; P.L. 1983, ch. 312, § 1; P.L. 1984, ch. 400, § 1; P.L. 1988, ch. 84, § 105; P.L. 1988, ch. 373, § 2; P.L. 2001, ch. 180, § 144; P.L. 2005, ch. 228, § 5; P.L. 2005, ch. 315, § 5; P.L. 2009, ch. 267, § 1; P.L. 2009, ch. 268, § 1; P.L. 2009, ch. 310, § 20.

Compiler’s Notes.

P.L. 2009, ch. 267, § 1, and P.L. 2009, ch. 268, § 1, enacted identical amendments to this section.

This section was amended by three acts (P.L. 2009, ch. 267, § 1; P.L. 2009, ch. 268, § 1; P.L. 2009, ch. 310, § 20) passed by the 2009 General Assembly. Since the acts are not in conflict, the section is set out as amended by all three acts.

45-24.1-3.1. Present appointments unaffected.

Nothing contained in § 45-24.1-3 , in any way alters any other part or provision of this title, chapter, or section, or any appointments made thereunder, all of which remain in full force and effect.

History of Section. P.L. 1972, ch. 221, § 2.

45-24.1-3.2. Legislative findings.

The general assembly hereby recognizes that gas regulators or gas meters located anywhere on the exterior of historic buildings or buildings located in a historic district may create a visual intrusion to the property and to the surrounding historic district, and it is the intent of this chapter to provide procedures for any public utility proposing to locate or relocate such devices on residential historic buildings.

History of Section. P.L. 2009, ch. 110, § 2; P.L. 2009, ch. 184, § 2.

Compiler’s Notes.

P.L. 2009, ch. 110, § 2, and P.L. 2009, ch. 184, § 2 enacted identical versions of this section.

45-24.1-4. Permit required to construct, alter, or demolish structure — Application — Written decisions of commission — Powers of commission.

  1. The commission shall, within twelve (12) months of the date the local historic district zoning ordinance takes effect:
    1. Adopt and publish all rules and regulations necessary to carry out its functions under the provisions of this chapter; and
    2. Publish standards as necessary to inform historic district residents, property owners, and the general public of those criteria by which the commission determines whether to issue a certificate of appropriateness. The commission may amend these standards as reasonably necessary, and it shall publish all amendments.
  2. Before a property owner or public utility as defined in subdivision 39-1-2(20) that is installing a gas regulator or gas meter may authorize or commence construction, alteration, repair, removal, or demolition affecting the exterior appearance of a structure or its appurtenances within a historic district or affecting a historic cemetery wherever located within a city or town, the owner or public utility must apply for and receive a certificate of appropriateness from the commission. In applying, the owner or public utility must comply with application procedures established by the commission pursuant to this chapter and the applicable local ordinance. The commission shall require the owner or public utility to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal, or demolition, including, but not limited to, plans, drawings, photographs, or other information. The owner of the property or the public utility must obtain a certificate of appropriateness for the project whether or not state law requires that he, she or it also obtain a permit from the local building official. The building official shall not issue a permit until the commission has granted a certificate of appropriateness.
  3. In the case of a historic cemetery, the owner must comply with all provisions of law and make suitable and appropriate provisions for the reinterment of any human remains in an established cemetery. Original or existing headstones and markers shall be preserved and installed at the site of the reinterment.
  4. In reviewing plans, the commission shall give consideration to:
    1. The historic and architectural significance of the structure and its appurtenances;
    2. The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district; and
    3. The appropriateness of the general design, arrangement, texture, materials, and siting proposed in the plans.

      The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.

  5. All decisions of the commission shall be in writing. The commission shall articulate and explain the reasons and bases of each decision on a record, and, in the case of a decision not to issue a certificate of appropriateness, the commission shall include in the bases for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision to the applicant.
  6. In the case of an application for construction, repair, alteration, removal, or demolition affecting the exterior appearance of a structure, or its appurtenances, which the commission deems so valuable to the city, town, state, or nation, that the loss of that structure will be a great loss to the city, town, state, or nation, the commission shall endeavor to work out with the owner an economically feasible plan for the preservation of that structure. Unless the commission is satisfied that the retention of the structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure to any purchaser willing to preserve the structure, or unless the commission votes to issue a certificate of appropriateness for the proposed construction, alteration, repair, removal, or demolition, the commission shall file with the building official or duly delegated authority its rejection of the application. In the absence of a change in the structure arising from casualty, no new application for the same or similar work shall be filed within one year after the rejection.
  7. In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the building official, or other duly delegated authority its certificate of appropriateness for an application if any of the circumstances under which a certificate of appropriateness might have been given under subsection (6) are in existence or if:
    1. Preservation of the structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
    2. Preservation of the structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner, including the sale of the structure to any purchaser willing to preserve the structure; or
    3. The preservation of the structure would not be in the interest of the majority of the community.
  8. When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including the sale of the structure and its present site. In addition to any other criteria, the commission also shall consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move, and preserve the structure, and whether the owner has made continuing, bona fide, and reasonable efforts to sell the structure to any purchaser willing to move and preserve the structure.
  9. No less than fifteen (15) days after receiving an application to demolish or to remove an historic cemetery, the commission shall forward the application to the commission to study historic cemeteries. The commission shall also immediately forward to the commission to study historic cemeteries its finding of fact, if any, together with its action on the application.

History of Section. P.L. 1959, ch. 131, § 4; P.L. 1988, ch. 373, § 2; P.L. 1989, ch. 311, § 2; P.L. 2009, ch. 110, § 3; P.L. 2009, ch. 184, § 3.

Compiler’s Notes.

P.L. 2009, ch. 110, § 3, and P.L. 2009, ch. 184, § 3, enacted identical amendments to this section.

Section 39-1-2(20), referred to in subsection (b) of this section, was redesignated as “§ 39-1-2(a)(20) ” by P.L. 2020, ch. 79, § 2.

NOTES TO DECISIONS

Constitutionality.

Although the board’s discretion cannot be entirely eliminated because of the subjective nature of this process, the court believes the standards set forth in the historic-zoning legislation sufficiently alert the public of the statute’s scope and meaning. Accordingly, the court finds this enabling legislation does not violate the due-process clause. Bellevue Shopping Ctr. Ass'n v. Chase, 574 A.2d 760, 1990 R.I. LEXIS 100 (1990).

Consideration of Criteria.

The board did not err in its application of the criteria set forth in chapter 1278.04(C)(3) of the Newport Planning and Zoning Code. Chapter 1278(C)(5) instructs the board to “be lenient in its judgment” of plans for new construction unless the plans would “seriously impair the historic or architectural value of the surrounding structures.” In this instance the board made a specific finding that the owner’s proposed project would seriously impair the historic and architectural value of the surrounding area. Consequently, the board was justified in employing a strict standard in reviewing the owner’s proposal. Bellevue Shopping Ctr. Ass'n v. Chase, 574 A.2d 760, 1990 R.I. LEXIS 100 (1990).

Hearings.

Although the enabling act provides that all meetings shall be open to the public there is nothing to suggest that the taking of testimony by the commission at any such public meeting is a mandatory prerequisite to the exercise of its judgment. Hayes v. Smith, 92 R.I. 173 , 167 A.2d 546, 1961 R.I. LEXIS 12 (1961).

Invalid Demolition Permit.

Any demolition permit purportedly issued by a building official to petitioners or their predecessors in title is invalid, where the structure has historic or architectural significance and no approval has been obtained from the historic district commission. Kooloian v. Town Council of Bristol, 572 A.2d 273, 1990 R.I. LEXIS 60 (1990).

45-24.1-5. Avoiding demolition through owner neglect.

A city or town may by ordinance empower city or town councils in consultation with the historic district commission to identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of the structure or its appurtenances. The council shall publish standards for maintenance of properties within historic districts. Upon the petition of the historic district commission that a historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than thirty (30) days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the council’s orders, the council may cause the required repairs to be made at the expense of the city or town and cause a lien to be placed against the property for repayment.

History of Section. P.L. 1959, ch. 131, § 5; P.L. 1963, ch. 152, § 1; P.L. 1988, ch. 373, § 2.

45-24.1-6. Public meetings.

All meetings of the commission are open to the public, and any person or his or her duly constituted representative is entitled to appear and be heard on any matter before the commission before it reaches its decision. The commission shall keep a record, open to public view, of its resolutions, proceedings, findings, decisions, and actions. The commission shall provide notice of its meetings and comply in all respects with the requirements of the open meetings law.

History of Section. P.L. 1959, ch. 131, § 6; P.L. 1988, ch. 373, § 2.

45-24.1-7. Certificate of appropriateness or rejection of plans — Period within which commission to act.

The commission shall file with the building official or other duly delegated authority its certificate of appropriateness or rejection of all plans submitted to it for review. No work shall begin until the certificate has been filed, but, in the case of rejection the certificate is binding upon the building official or other duly delegated authority and no permit shall be issued in such a case. The failure of the commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the commission, is deemed to constitute approval. In the event, however, that the historic district commission makes a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the period of forty-five (45) days, then the commission has a period of up to ninety (90) days within which to act upon the application.

History of Section. P.L. 1959, ch. 131, § 7; P.L. 1988, ch. 373, § 2; P.L. 1989, ch. 408, § 2.

45-24.1-7.1. Right of appeal.

Any person, or persons jointly or severally, aggrieved by a decision of the historic district commission has the right of appeal, concerning the decision, to the zoning board, and a further right of appeal from the zoning board to the superior court, in the same manner provided in § 45-24-69 and from the superior court to the supreme court by writ of certiorari.

History of Section. P.L. 1959, ch. 131, § 7; P.L. 1988, ch. 549, § 2; P.L. 1989, ch. 408, § 3.

NOTES TO DECISIONS

Scope of Review.

In appeals from decisions of historic zoning commissions the zoning board of review does not merely exercise appellate jurisdiction, limited to a review of the record, but rather it is authorized to consider the question de novo. Hayes v. Smith, 92 R.I. 173 , 167 A.2d 546, 1961 R.I. LEXIS 12 (1961).

45-24.1-7.2. Scope of review by zoning board.

When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.

History of Section. P.L. 1965, ch. 239, § 1; P.L. 1988, ch. 373, § 2; G.L. 1956, § 45-24.1-9 ; P.L. 1989, ch. 408, § 4.

45-24.1-8. Exceptions to applicability of chapter.

Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided, that any maintenance or repair does not result in any change of design, type of material, or appearance of the structure or its appurtenances. Nothing in this chapter shall be construed to prevent the construction, alteration, repair, moving, or demolition of any structure under a permit issued by the building official prior to the passage of an ordinance.

History of Section. P.L. 1964, ch. 220, § 1; P.L. 1988, ch. 373, § 2.

45-24.1-9. Appeals.

A person or persons jointly or severally aggrieved by a decision of a historic district commission has the right to appeal the decision to the zoning board of review. When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record. The zoning board of review shall put all decisions on appeal in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission.

History of Section. P.L. 1965, ch. 239, § 1; P.L. 1988, ch. 373, § 2.

45-24.1-10. Enforcement.

  1. Any authorized local official or any local building official may bring an action against any property owner who fails to comply with the requirements of § 45-24.1-4 . Actions shall be brought in the superior court having jurisdiction where the violation occurred or is likely to occur; provided, that where the violation has occurred, or is likely to occur in the city of Providence, the action shall be brought in the municipal housing court in the city. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter.
  2. Provided, further, that every person who shall have any historical building, or portion of a historical building demolished without the requisite permits as required by chapter 45-24.1 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500) and/or imprisonment of up to one year.

History of Section. P.L. 1969, ch. 191, § 1; P.L. 1988, ch. 373, § 2; P.L. 1990, ch. 486, § 1; P.L. 2008, ch. 372, § 1.

45-24.1-11 — 45-24.1-19. Repealed.

Repealed Sections.

Former §§ 45-24.1-11 — 45-24.1-19 (P.L. 1969, ch. 235, § 1; P.L. 1972, ch. 31, § 1; P.L. 1972, ch. 32, § 1; P.L. 1977, ch. 38, § 1; P.L. 1977, ch. 185, § 1; P.L. 1978, ch. 50, § 1; P.L. 1982, ch. 133, § 1; P.L. 1987, ch. 233, § 1; P.L. 1987, ch. 459, § 1), concerning historic preservation in the cities of Cranston, Smithfield, North Smithfield, East Greenwich, Coventry, Woonsocket, South Kingstown, Portsmouth, and Bristol were repealed by P.L. 1988, ch. 373, § 3, effective June 9, 1988.

45-24.1-20. Preservation of historic structures in Pawtucket.

In addition to all other powers granted by the provisions of this chapter, the city of Pawtucket is authorized by ordinance to establish, upon recommendation of its historic district commission, a list of specified buildings or structures which are deemed to be of historic or architectural value, and, from time to time, to add or delete from the list in the same manner as it is presently empowered, to establish or change areas of classification of zoning, and to regulate the construction, alteration, repair, moving, and demolition of buildings and structures.

History of Section. P.L. 1988, ch. 49, § 1.

45-24.1-21. Preservation of historical structures in Narragansett.

In addition to all other powers granted by the provisions of this chapter, the town of Narragansett is authorized by ordinance to establish, upon recommendation of its historic districts commission, a list of specified buildings or structures which are deemed to be of historic or architectural value, and, from time to time, to add to or delete from the list in the same manner as it is presently empowered; to establish or change areas of classification of zoning; and to regulate the construction, alteration, repair, moving, and demolition of buildings and structures.

History of Section. P.L. 1988, ch. 49, § 1.

45-24.1-22. Preservation of historical structures in New Shoreham.

In addition to all other powers granted by provisions of this chapter, the town of New Shoreham is authorized by ordinance to establish, upon recommendation of its historic district commission, a list of specified buildings or structures which are deemed to be of historic or architectural value, and, from time to time, to add to or delete from the list in the same manner as it is presently empowered, to establish or change areas of classification of zoning, and to regulate the construction, alteration, repair, moving, and demolition of buildings and structures.

History of Section. P.L. 2011, ch. 33, § 1; P.L. 2011, ch. 38, § 1.

Compiler’s Notes.

P.L. 2011, ch. 33, § 1, and P.L. 2011, ch. 38, § 1 enacted identical versions of this section.

45-24.1-23. Preservation of historic structures in Cumberland.

In addition to all other powers granted by the provisions of this chapter, the town of Cumberland is authorized by ordinance to establish, upon recommendation of its historic district commission, a list of specified buildings or structures that are deemed to be of historic or architectural value, and, from time to time, to add or delete from the list by ordinance, and to require that demolition of properties on the list be delayed for a period of time as authorized by ordinance to provide time to evaluate prescribed alternatives to demolition.

History of Section. P.L. 2020, ch. 45, § 1; P.L. 2020, ch. 56, § 2.

Compiler’s Notes.

P.L. 2020, ch. 45, § 1, and P.L. 2020, ch. 56, § 2 enacted identical versions of this section.

Chapter 24.2 Minimum Housing Standards

45-24.2-1. Legislative findings.

It is hereby found and declared:

  1. That there exist, in the various cities and towns numerous dwellings and dwelling premises which are substandard due to dilapidation, deterioration and disrepair of dwellings and dwelling premises, structural defects, uncleanliness, lack of adequate ventilation, light, sanitary, heating, and hot water facilities, overcrowding of dwellings, occupancy of unfit dwellings, and other conditions and defects which increase the hazards of illness, disease, fire, accidents, and other calamities;
  2. That these conditions, singly or in combination, endanger the health, safety, morals, and general welfare of the people of the various cities and towns, and give impetus to the development, continuation, extension, and aggravation of blighted and substandard housing conditions; and
  3. That it is a matter of legislative determination that the establishment of minimum standards for dwellings is essential to the protection of the public health, safety, morals, and general welfare.

History of Section. P.L. 1962, ch. 87, § 1.

NOTES TO DECISIONS

In General.

Legislation to suppress the development of slums, which enable a city to establish and enforce a housing ordinance requiring a homeowner to paint his dwelling is within the police power of the state. Berberian v. Housing Auth., 112 R.I. 771 , 315 A.2d 747, 1974 R.I. LEXIS 1505 (1974).

45-24.2-2. Definitions.

  1. “Board” means the board established or designated as the housing board of review.
  2. “Dwelling” means any building or structure or part thereof, including hotels and rooming houses, that is used, occupied, or intended to be used or occupied for human habitation, and includes dwelling premises, appurtenances, and facilities belonging to the dwelling or usually enjoyed with it. Whenever the word “dwelling” is used in this chapter, it shall be construed as if followed by the words “or any part thereof”.
  3. “Dwelling premises” means the land and auxiliary buildings, used or intended to be used in connection with the dwelling.
  4. “Enforcing officer” means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance, rule, or regulation adopted pursuant to the provisions of this chapter.
  5. “Limited equity housing cooperative” means a limited equity cooperative housing corporation chartered pursuant to chapter 6.1 of title 7.
  6. “Low income residents” means those residents with incomes not exceeding fifty percent (50%) of the median household income as reported in the most recent federal census.
  7. “Moderate income residents” means those residents with incomes not exceeding eighty percent (80%) of the median household income as reported in the most recent federal census.

History of Section. P.L. 1962, ch. 87, § 1; P.L. 1986, ch. 256, § 8; P.L. 1987, ch. 185, § 2.

45-24.2-3. Powers of councils.

  1. For the purpose of promoting the public health, safety, morals, or general welfare, and for the purpose of making dwellings and dwelling places safe, sanitary, and fit for human habitation, any city or town council has powers in accordance with the provisions of this chapter within the limits of the city or town, by ordinance, to pass, ordain, establish, and amend ordinances, rules, and regulations for the establishment and enforcement of minimum standards for dwellings.
  2. Without limiting the generality of the foregoing, the ordinance, rules, and regulations may include:
    1. Minimum standards with respect to facilities and equipment in dwellings including, but not limited to, provisions relating to kitchen sinks, flush toilets and lavatory basins, bathtubs and showers, hot and cold water lines, rubbish and garbage storage and disposal facilities, cooking facilities, water heating facilities, window shades and screens, and provision for elimination and prevention of insect and vermin infestation.
    2. Minimum standards with respect to lighting, ventilation, refrigeration, and heating, including, but not limited to, provisions relating to window area, room light and ventilation, electrical outlets, heating facilities, lighting of halls and stairways, and refrigerated storage space.
    3. Minimum standards relating to the healthful, safe, and sanitary maintenance of parts of dwelling and dwelling units including, but not limited to, provisions relating to weathertight, watertight, and rodent proof foundations, floors, walls, ceilings, roofs, windows and doors, the condition and repair of stairs and porches, the condition of plumbing fixtures, imperviousness of floor surfaces to water, and the functioning of supplied facilities, pieces of equipment, and utilities.
    4. Minimum standards with respect to space, use, and location including, but not limited to, provisions relating to floor space per occupant, size of rooms, bathroom access, ceiling height, cellar and basement occupancy, and means of egress.
    5. Provisions fixing responsibilities of owners, operators, and occupants for the condition, maintenance, use, and occupancy of dwellings and dwelling premises.
    6. Provisions that any person having any duty to perform under the provisions of this chapter, or any ordinance, rule, or regulation adopted pursuant to the authority of this chapter, may enter the dwelling and dwelling premises at all reasonable times for the purpose of examination, inspection, and survey. In the event entry is denied or resisted, an order to examine, inspect, and survey may be obtained from a court of competent jurisdiction as provided for in § 45-24.2-8 .
    7. Provisions that the enforcing officer may order the repair, alteration, or improvement of a dwelling or dwelling premises by the owner or other person or persons responsible for the repair, alteration, or improvement under the provisions of the ordinance, rules, and regulations.
    8. Provisions that the enforcing officer may declare any dwelling or dwelling premises unfit for human habitation if the officer finds that conditions exist in that dwelling which are a serious hazard or immediate peril to the health, safety, or welfare of the occupants, the occupants of neighboring dwellings, or the general public.
    9. Provisions that whenever any dwelling or dwelling premises are found by the enforcing officer to be unfit for human habitation because of defects which constitute a serious hazard of immediate peril to the health, safety, or welfare of the occupants of the dwelling or the public, the enforcing officer may:
      1. Order the dwelling or dwelling premises to be vacated and secured until a time that he or she determines that the dwelling is again fit for human habitation;
      2. Order the removal or demolition of a dwelling whenever the repair, alteration, or improvement of the dwelling cannot be made at a cost reasonably related to the value of the dwelling; provided, that the owner of the dwelling may at the owner’s discretion, repair, alter, or improve the dwelling regardless of the cost, within a time period specified in the order;
      3. Repair, alter, or improve or cause to be vacated and secured, or both, the dwelling or dwelling premises at the expense of the owner or other responsible person or persons, whenever the owner or other responsible person or persons fail to comply with an order to repair, alter, or improve or to vacate and secure the dwelling; provided, that the cost of the repair, alteration, or improvement is reasonably related to the value of the dwelling or dwelling premises;
      4. Remove or demolish the dwelling at the expense of the owner whenever the owner fails to comply with an order issued to remove or demolish in accordance with the provisions of subsection (b)(9)(ii).
    10. Provisions that whenever the owner fails to comply with any order as provided for in subsections (b)(9)(i) and (b)(9)(ii), the cost incurred by the enforcing officer or any person doing work or furnishing materials by the officer order under the provisions of subsections (b)(9)(iii) and (b)(9)(iv) shall be a lien against the real property, and the lien shall be enforced in the same manner provided or authorized by law for enforcement of common law liens on personal property. The lien shall be recorded. If the dwelling is removed or demolished by the enforcing officer, the officer may sell the materials of the dwelling, and the net cost of demolition and removal shall be charged to the owner and, if any balance remains, it shall be credited to the owner.
    11. Provisions that any notices and order may be recorded in the same manner as the recording of “lis pendens” notices.
    12. Provisions that the owner of any dwelling which has been found by the enforcing officer to be unfit for human habitation in accordance with the provisions of subsection (b)(8) shall not sell, transfer, mortgage, lease, or otherwise dispose of the dwelling until the conditions causing the dwelling to be unfit for human habitation have been corrected or until the owner has furnished the intended grantee, mortgagee, or lessee a true copy of the order and has notified the enforcing officer, in writing, of the owner’s intent to transfer, sell, mortgage, lease, or otherwise dispose of the dwelling. A transferee, mortgagee, or lessee who has received actual notice or constructive notice is bound by the order on the date of the transfer, mortgage, or lease without service of further notice upon him or her by the enforcing officer.
    13. Provisions that the enforcing officer may make rules and regulations consistent with the proper enforcement of any ordinance enacted under the provisions of this chapter.
    14. Provisions that whenever an owner fails to comply with any order as provided for in subsections (b)(9)(i) and (b)(9)(ii), the enforcing officer may notify the community’s redevelopment agency and request that the agency acquire the property in question and transfer title to an appropriate limited equity housing cooperative if the cooperative is able to demonstrate its ability to finance the correction of the property’s minimum housing code violations and make the housing available to low and/or moderate income households.

History of Section. P.L. 1962, ch. 87, § 1; P.L. 1986, ch. 256, § 8; P.L. 2002, ch. 187, § 4; P.L. 2002, ch. 188, § 4.

NOTES TO DECISIONS

In General.

City ordinance requiring the painting of exposed surfaces of houses to prevent deterioration was within the enabling act authorizing cities to establish minimum standards for dwellings to prevent the development of slums. Berberian v. Housing Auth., 112 R.I. 771 , 315 A.2d 747, 1974 R.I. LEXIS 1505 (1974).

45-24.2-4. Establishment of enforcement agencies.

The city and town councils authorized to adopt ordinances relating to minimum standards may further provide for the creation and establishment of divisions, offices, departments, bureaus, and agencies and their respective officers, deputies, and agents as may be required to enforce and administer the powers and duties authorized by this chapter.

History of Section. P.L. 1962, ch. 87, § 1.

45-24.2-5. Housing board of review.

  1. The city and town councils authorized to adopt standards relating to minimum housing may provide for the selection and organization of a housing board of review consisting of five (5) members; provided, that in the case of the housing board of review of the city of Providence, there shall be seven (7) members, five (5) of whom shall be appointed by the mayor and two (2) of whom shall be members of the city council elected by the city council from its members to serve for a term ending the first Monday in January, 1975, and, thereafter, to be elected for a term of four (4) years. The city and town councils are authorized to designate the board of appeals as the housing board of review in the cities and towns where these boards of appeal now exist or may be authorized by law. The chairperson or, in the chairperson’s absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board are open to the public.
  2. Any housing board of review established pursuant to this chapter is governed by the following procedure:
    1. The board shall keep minutes of its proceedings, showing the vote upon each question, and shall keep records of its decisions and findings and the reasons therefor, and of its examinations and other official actions, all of which shall be filed immediately in the office of the board and are a public record.
    2. Appeals to the board may be taken by any person upon whom a compliance order has been issued by the enforcing officer. The period in which the appeal may be taken shall be prescribed by ordinance or by the rules of the board. The appeals shall be filed with the board and shall specify the grounds of the appeal. The board shall immediately transmit a copy of the appeal to the enforcing officer. Upon receipt by the enforcing officer of the appeal, he or she shall immediately transmit to the board all the papers constituting the record upon which the compliance order was based.
    3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcing officer from whom the appeal is taken certifies to the board, after notice of the appeal has been transmitted to the officer, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause a serious hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public. In that case proceedings shall not be stayed except by a restraining order which may be granted by a court of competent jurisdiction on application and upon notice of the enforcing officer from whose order the appeal is taken and on due cause shown.
    4. The board shall fix a reasonable time for the hearing of the appeal, give due notice to the party making the appeal and the enforcing officer, and decide the appeal within a reasonable time. At the hearing any party may appear in person or by agent or attorney.
  3. The housing board of review has the following powers:
    1. The housing board of review has the power to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an enforcing officer in the enforcement of this chapter or any ordinance, rule, or regulation adopted pursuant to the authority of this chapter.
    2. Where, by reason of an extraordinary and exceptional condition or situation unique to the property involved, the strict application of any ordinance, rule, or regulation adopted pursuant to the authority of this chapter would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon, the person upon whom a compliance order has been issued, the housing board of review has the power to vary from this strict application to the least extent necessary to relieve difficulties or hardship; provided, that relief may be granted without substantial detriment to public health, safety, morals, and general welfare, and without substantial impairment of the intent and purpose of the ordinance, rule, or regulation.
    3. In exercising the powers established by this section, the board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination of the enforcing officer, and may make an order, requirement, decision, or determination that ought to be made, and to that end has all the powers of the enforcing officer from whom the appeal was taken.
    4. In order to hear an appeal, a quorum of three (3) members of the board must be present. A concurring vote of a majority of the members of the board present at the hearing is necessary to reverse or modify any order or decision of the enforcing officer and to authorize a variance or modification in the application of any provisions of any ordinance, rule, or regulation adopted pursuant to the authority of this chapter. In the event of a tie vote, the order of the enforcing officer is deemed to be sustained. Except as provided in § 45-24.2-6 , the findings of the board are conclusive with respect to questions of fact and may be reviewed only as to questions of law.

History of Section. P.L. 1962, ch. 87, § 1; P.L. 1972, ch. 222, § 1; P.L. 2009, ch. 244, § 1; P.L. 2009, ch. 260, § 1; P.L. 2020, ch. 76, § 1; P.L. 2020, ch. 77, § 1.

Compiler’s Notes.

P.L. 2009, ch. 244, § 1, and P.L. 2009, ch. 260, § 1, enacted identical amendments to this section.

P.L. 2020, ch. 76, § 1, and P.L. 2020, ch. 77, § 1 enacted identical amendments to this section.

45-24.2-5.1. Present appointments unaffected.

Nothing contained in § 45-24.2-5 shall in any way alter any other part or provision of this title or any appointments made under its provisions, all of which remain in full force and effect.

History of Section. P.L. 1972, ch. 222, § 2.

45-24.2-6. Court review.

Any person, including the enforcing officer, aggrieved by any decision of the board, whether established by § 45-24.3-16 or by any ordinance, rule, or regulation passed pursuant either to this chapter or to any special act governing minimum housing, may appeal a decision to the district court encompassing the area wherein the real estate is located. Appeal shall be made by filing a complaint with the court stating the facts upon which the appeal is based and setting forth the reasons for the appeal. The complaint shall be filed within thirty (30) days after mailing notice of the final decision of the board, and copies of the complaint shall be served upon the board and all other parties of record in the manner prescribed by applicable procedural rules of the district court. A party aggrieved by any judgment of the district court may seek further review by the supreme court in accordance with § 8-8-3.2(b) .

History of Section. P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 5; P.L. 1978, ch. 182, § 2.

45-24.2-7. Penalties — District court jurisdiction — Providence housing court — Lead court calendar — Municipal court of the town of North Providence — Review by Supreme Court.

  1. Failure to comply with any ordinance, rule, or regulation passed pursuant either to the authority hereof or to any special act governing minimum housing shall constitute a violation, as defined in § 11-1-2 , punishable by a fine of not more than five hundred dollars ($500) for each violation, and each day’s failure to comply with any provision shall constitute a separate violation. The district court shall have exclusive original jurisdiction of all violations as provided in § 12-3-1 ; provided, that in the city of Providence, the Providence housing court shall have jurisdiction to try violations occurring within the city of Providence; provided, further, that in the town of North Providence, the municipal court of the town of North Providence shall have jurisdiction to try violations occurring within the town of North Providence, but only in the event that the city shall by ordinance create a court for the purpose of exercising jurisdiction over minimum housing standards. A party aggrieved by any judgment of the district court imposing a fine pursuant to this section may seek review by the supreme court in accordance with § 12-22-1.1 .
  2. The city council of the city of Providence may establish within its housing court a separate calendar within the jurisdiction of the housing court to be known and referred to as the “lead court calendar” for the hearing trial and disposition of actions involving lead within buildings and on premises or property in the city of Providence, including, but not limited to, actions brought pursuant to chapter 24.6 of title 23 (“Lead Poisoning Prevention Act”) and/or chapter 128.1 of title 42 (“Lead Hazard Mitigation”). The jurisdiction of the “lead court calendar” of the Providence housing court shall be concurrent with any other court or entity given jurisdiction to hear such matters under the general laws. A justice of the lead court calendar may defer or order a case removed to another court or forum of competent jurisdiction, including, but not limited to, an appropriate administrative agency, if the judge determines that such other court or forum would be a more appropriate court or forum to hear the matter involved.

History of Section. P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 4; P.L. 1978, ch. 182, § 2; P.L. 1986, ch. 547, § 8; P.L. 1995, ch. 17, § 3; P.L. 1996, ch. 214, § 1; P.L. 2011, ch. 89, § 1; P.L. 2011, ch. 135, § 1.

Compiler’s Notes.

P.L. 2011, ch. 89, § 1, and P.L. 2011, ch. 135, § 1 enacted identical amendments to this section.

45-24.2-8. Court proceedings.

  1. The district court has, upon proceedings instituted in the name of any of the several cities or towns, power to proceed according to equity to:
    1. Restrain, prevent, enjoin, abate, or correct a violation; or
    2. Order the repair, vacation, or demolition of any dwelling existing in violation of the provisions of any ordinance passed or to otherwise compel compliance with all of the provisions of any ordinance adopted pursuant to the authority of this chapter or any special act governing minimum housing standards.
  2. When, under the provisions of any ordinance passed pursuant to the authority of this chapter or any special act, any work is done or material furnished by any enforcing officer or by the officer’s order at the expense of the owner or other persons interested, the value of that work and material may be recovered in an action brought against the owner or other interested person or persons, and if any work or materials has been done or furnished at the cost of the city or town, the enforcing officer shall cause the action to be brought in the name of the city or town. Upon the entry of any case or proceeding brought under the provisions of any ordinance passed pursuant to the authority of this chapter or any special act, the court shall, at the request of either party, advance the case so that it may be heard and determined with as little delay as possible. All proceedings instituted in the names of the several cities or towns are exempt from the payment of the district court filing fees. A party aggrieved by any judgment of the district court may seek review by the supreme court in accordance with § 8-8-3.2(b) .

History of Section. P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 5; P.L. 1978, ch. 182, § 2.

Cross References.

Injunctions in housing cases, DCR 65.

Order to perform or to refrain from performing an act, contempt, DCR 70.

45-24.2-9. Severability.

If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.

History of Section. P.L. 1962, ch. 87, § 1.

45-24.2-10. Construction of chapter.

This chapter shall be construed most favorably to cities and towns, its intention being to give cities and towns the fullest and most complete powers possible concerning the subject matter of the chapter.

History of Section. P.L. 1962, ch. 87, § 1.

45-24.2-11. Rent payments.

Notwithstanding any lease or other agreement, if the enforcing officer of any city or town, which has adopted the provisions of this chapter, has ordered the repair, alteration, or improvement of a dwelling in that the officer has disclosed the dwelling to be a serious hazard or imminent peril to the health, safety, or welfare of the occupants, then the obligations of paying the rent to the landlord are suspended, and the rent shall be paid into an escrow account established by the enforcing officer to be paid to the landlord or any other party authorized to make repairs (including the enforcing officer) to defray the costs of correcting the conditions, and no action shall be maintained by the landlord against the tenant for the rent or for possession. Sums paid into the escrow fund in excess of those necessary to make repairs shall be paid to the landlord on completion. If the tenant fails to make payments to the enforcing officer then an action for rent or possession may be maintained, subject to any defenses that the tenant may have under the lease or agreement.

History of Section. P.L. 1968, ch. 52, § 1.

45-24.2-12. Moving expenses — Violations.

  1. If any property owner is cited for minimum housing violations, causing a tenant to vacate the subject property as a result of the property being declared unfit for habitation by the local code enforcement agency vested with the authority, the owner is liable to the tenant for all reasonable moving expenses incurred by the tenant. The owner is not responsible for this expense if it is determined that the owner was not the cause of the violations, and has the right to appeal any citation or declaration in accordance with the provisions of § 45-24.2-5(b) .
  2. This section does not apply to any secured party which takes title to the property by enforcement of its interests.

History of Section. P.L. 1995, ch. 139, § 1.

Chapter 24.3 Housing Maintenance and Occupancy Code

45-24.3-1. Short title.

This chapter is known and may be cited as the “Rhode Island Housing Maintenance and Occupancy Code”.

History of Section. P.L. 1970, ch. 325, § 1.

45-24.3-2. Legislative findings.

  1. It is found that there exists, and may in the future exist within the state of Rhode Island, premises, dwellings, dwelling units, rooming units, structures, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy, affect or are likely to adversely affect the public health, including the physical, mental, and social well-being of persons and families, safety, and general welfare. To correct and prevent the existence of these adverse conditions, and to achieve and maintain levels of residential environmental quality as will protect and promote health, safety, and general welfare, it is further found that the establishment of minimum housing standards for the state of Rhode Island is required.
  2. It is further found that conditions existing on blighted premises are dangerous to the public health, safety, morals, and general welfare of the people, and that conditions existing on blighted premises necessitate excessive and disproportionate expenditure of public funds for public health and safety, crime prevention, fire protection, and other public services, and that the conditions existing on blighted premises cause a drain upon public revenue, impairing the efficient and economical exercise of governmental functions in these areas.
  3. It is further found that the elimination of blighted premises, and the prevention of the recurrence of blighted premises, is in the best interest of the public, and that the accomplishment of this end will be fostered and encouraged by the enactment of this chapter. The enactment and enforcement of this chapter is thereby declared to be essential to the public interest. It is intended that the provisions of this chapter be liberally construed to effectuate its previously stated purposes.

History of Section. P.L. 1970, ch. 325, § 1.

NOTES TO DECISIONS

In General.

In the absence of any evidence that preemption was intended by the legislature, this chapter does not preempt the city from requiring painting and repairing of dwellings. Berberian v. Housing Auth., 112 R.I. 771 , 315 A.2d 747, 1974 R.I. LEXIS 1505 (1974).

45-24.3-3. Purpose.

The purpose of this chapter is to protect the public health, safety, and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises or structures; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, and occupants of dwellings and dwelling premises and structures; fixing the conditions whereby certain dwellings or structures may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of this chapter.

History of Section. P.L. 1970, ch. 325, § 1.

45-24.3-4. Applicability.

  1. Every portion of a building or its premises used or intended to be used for the purpose of dwelling, living, eating, sleeping, or cooking, or occupancy, comply with the provisions of this chapter and with the rules and regulations adopted pursuant to this chapter irrespective of when the building was constructed, altered, or repaired, and irrespective of any permits or licenses issued for the use or occupancy of the dwelling and dwelling premises or structure, for the construction or repair of the dwelling or structure, or for the installation or repair of dwelling equipment prior to January 1, 1971. This chapter establishes minimum standards for the initial and continued occupancy of all dwellings and structures, and does not replace or modify standards otherwise established by the state or a corporate unit for the construction, repair, or use of a building or the installation of building equipment except as they may be in conflict with the provisions of this chapter as provided by § 45-24.3-19 .
  2. Matters governed by and conforming to the provisions of the State Building Code (§ 23-27.3-100.0 et seq.) shall prevail for all structures, dwellings, and dwelling units constructed, altered or repaired since July 1, 1977, providing the structure, dwelling or dwelling units conform in their entirety to the prevailing edition of the building codes in effect at the time of construction or occupancy, as evidenced by the date of issuance of a building permit issuance or date of issuance of a certificate of occupancy.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1988, ch. 42, § 1.

45-24.3-5. Definitions.

The following definitions apply in the interpretation and enforcement of this chapter:

  1. “Accessory structure” means a detached structure which is not used or not intended to be used for living or sleeping by human occupants, and which is located on the same premises with a dwelling.
  2. “Appropriate authority” means the official department, or agency, designated by a local community to administer and enforce these regulations pursuant to the provisions of this chapter.
  3. “Approved” means approved by the local or state authority having administrative authority.
  4. “Ashes” means the residue from the burning of combustible materials (and the noncombustible portion of refuse loaded into an incinerator).
  5. “Basement” means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.
  6. “Cellar” means the portion of the building partly underground, having half or more than half its clear height below the average grade of the adjoining ground.
  7. “Central heating system” means a single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.
  8. “Corporate unit” means a city or town, as the case may be, delegated with the powers to provide for the enforcement of this chapter.
  9. “Dormitory” means a room or group of rooms in a dwelling used for living and sleeping purposes by four (4) or more persons.
  10. “Dwelling” means any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided, that “temporary housing”, as defined in this section, shall not be regarded as a dwelling.
  11. “Dwelling units” means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
  12. “Enforcing officer” means the official charged with the administration and enforcement of this chapter, or the officer’s authorized representative.
  13. “Extermination” means the control and elimination of insects, rodents, or other pests by eliminating their harborages; by removing, or making inaccessible, materials that may serve as their food; and by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the health officer.
  14. “Family” means one adult person plus one or more persons who are legally related to the adult person and residing in the same dwelling unit with that person.
  15. “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and nonconsumption of food.
  16. “Guest” means any person who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days.
  17. “Habitable room” means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than fifty (50) square feet, foyers or communicating corridors, stairways, closets, storage spaces and workshops, and hobby and recreation areas in unsealed or uninsulated parts of a structure below ground level or in attics.
  18. “Health officer” means the legally designated director of health of this state, or the director’s authorized representative.
  19. “Heated water” means water heated to a temperature of not less than one hundred twenty degrees (120 °) fahrenheit.
  20. “Household” means a family and/or one or more unrelated persons, including servants, and not more than two (2) boarders, who share the same dwelling and use some or all of its cooking and eating facilities.
  21. “Infestation” means the presence within or around a dwelling or other structure in large numbers of insects, rodents, or other pests.
  22. “Kitchen” means any room containing any or all of the following equipment, or area of a room within three feet (3´) of that equipment: sink, and/or other device for dish washing, stove or other device for cooking, and refrigerator or other device for cool storage of food.
  23. “Lead-based substances” means any paint, plaster, or other building material which contains lead at levels in excess of acceptable environmental lead levels established by department of health regulations.
  24. “Meaning of certain words.” Wherever the words “dwelling”, “dwelling unit”, “rooming house”, “rooming unit”, “premises”, and “structure” are used in this chapter they shall be construed as though they were followed by the words “or any part thereof”. Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine, and the feminine the masculine.
  25. “Multiple dwelling” means any dwelling containing four (4) or more dwelling units.
  26. “Occupant” means any person, over one year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit, and/or structure, except that in dwelling units a guest will not be considered an occupant.
  27. “Operator” means any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
  28. “Owner” means any person who, alone or jointly or severally with others:
    1. Has legal title to any dwelling, dwelling unit, or structure with or without accompanying actual possession thereof; or
    2. Has charge, care, or control of any dwelling, dwelling unit, or structure as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any person representing the actual owner is bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant to this chapter, to the same extent as if that person were the owner.
  29. “Permissible occupancy” means the maximum number of persons permitted as a family or household to reside in a dwelling or rooming unit based on the square foot per person in habitable rooms.
  30. “Person” means and includes any individual, firm, corporation, association, or partnership.
  31. “Plumbing” means and includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, waste pipes, garbage disposal units, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, septic tank, or gas lines.
  32. “Potential hazardous material” means any toxic material, including building material containing heavy-metal compounds in concentrations dangerous to the public health as deemed by the department of health of this state.
  33. “Premises” means a platted lot or part of a platted lot or unplatted lot or parcel of land, or plot of land, either occupied or unoccupied by any dwelling or non dwelling structure, and includes any building, accessory structure, or other structure on that land.
  34. “Privacy” means the ability of a person or persons to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted persons.
  35. “Refuse” means all putrescible and non-putrescible solids (except body wastes) including garbage, rubbish, ashes, and dead animals.
  36. “Rooming house” means any dwelling or that part of any dwelling containing three (3) or more rooming units in which space is occupied by three (3) or more persons who are not members of a single family.
  37. “Rooming unit” means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
  38. “Rubbish” means non-putrescible solid wastes (excluding ashes) consisting of both:

    (i ) Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood, and

    (ii ) Noncombustible wastes such as tin cans, glass, and crockery.

  39. “Safety” means the condition of being free from danger and hazards which may cause accidents or disease.
  40. “Septic tank” means a receptacle, usually underground, to which sewage is drained and retained to effect disintegration of the organic matter by bacteria.
  41. “Space heater” means a self-contained, automatically controlled, fuel burning appliance of either the circulating type or the radiant type.
  42. “Structure” means all structures used or intended to be used for commercial, business, or industrial use or occupancy.
  43. “Supplied” means paid for, furnished, provided by, or under the control of the owner or operator.
  44. “Temporary housing” means any tent, trailer, mobile home, or any other structure used for human shelter which is designed to be transportable, and is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 1; P.L. 1979, ch. 77, § 1; P.L. 1981, ch. 268, § 1; P.L. 1988, ch. 84, § 106; P.L. 1991, ch. 355, § 2; P.L. 2002, ch. 187, § 5; P.L. 2002, ch. 188, § 5.

NOTES TO DECISIONS

Dwelling Space.

Where the basement of an apartment building was off-limits to tenants, it did not fit the definition of a dwelling space, and therefore the Occupancy Code was inapplicable. Drohan v. Vaughn, 176 F.3d 17, 1999 U.S. App. LEXIS 10532 (1st Cir. 1999).

45-24.3-6. Responsibilities of owners and occupants.

  1. No owner or operator or other person shall occupy, or let to another person, any vacant dwelling, dwelling unit, or structure unless it and the premises are clean, sanitary, fit for human occupancy, and comply with this chapter and all applicable legal requirements of the state and the corporate unit.
  2. Every owner of a multiple dwelling is responsible for maintaining, in a clean and sanitary condition, the shared or public areas of the dwelling and premises. Occupants of two (2) and three (3) family dwellings shall share the maintenance of clean and sanitary conditions within the shared or public areas of the dwelling and premises.
  3. Every occupant of a dwelling, dwelling unit, or structure shall maintain in a clean sanitary condition that part or those parts of the dwelling, dwelling unit, or structure and premises that the occupant occupies and controls.
  4. Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her rubbish in a clean, sanitary, and safe manner.
  5. Every occupant of a dwelling, dwelling unit, or structure shall dispose of all his or her garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner, and if a container is used for storage pending collection it shall be rodent proof, insect proof, and watertight.
  6. Every owner or operator of a dwelling containing four (4) or more dwelling units shall supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single, two (2) or three (3) family dwellings and structures it is the responsibility of the occupant to furnish those facilities or refuse containers.
  7. The owner of a dwelling, dwelling unit, or structure is responsible for providing and hanging all screens and double or storm doors and windows where used for ventilation whenever they are required under the provisions of this chapter or any rule or regulation adopted pursuant to this chapter, except where there is a written agreement between the owner and occupant. In the absence of an agreement, maintenance or replacement of screens, and storm doors and windows, once installed in any one season, become the responsibility of the occupant.
  8. The owner of a dwelling or dwelling unit is responsible for the providing and hanging of shades or other devices on every window of every room used for sleeping and for every room equipped with a flush water closet or bathtub, affording privacy to persons within those rooms. Once installed in any one rental by the owner, replacements become the responsibility of the occupant.
  9. Every occupant of a dwelling containing a single dwelling unit and every occupant of a structure is responsible for the extermination of any insects, rodents, or other pests therein or on the premises. Every occupant of a dwelling unit, in a dwelling containing more than one dwelling unit, is responsible for this extermination whenever his or her dwelling is the only one infected. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by a failure of the owner to maintain a dwelling in a rodent-proof or reasonably insect-proof condition, extermination is the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination is the responsibility of the owner.
  10. Every occupant of a dwelling unit or structure shall keep all supplied plumbing fixtures and facilities in a clean and sanitary condition, and is responsible for the exercise of reasonable care in their proper use and operation.
  11. No owner or occupant of a dwelling, dwelling unit, or structure shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in a manner that may provide a rodent harborage in or about any dwelling, dwelling unit, or structure. Stored materials shall be stacked neatly in piles elevated at least eighteen inches (18") above the ground or floor. The provisions of this subsection do not apply to firewood or kindling wood stored in or about any dwelling, dwelling unit, or structure by the owner or occupant of that property; provided, that the wood is stored for use within the dwelling, dwelling unit or structure, unless prohibited by town or city ordinance.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1994, ch. 243, § 1.

Cross References.

Circumstances under which eviction of occupants from dwelling unlawful, § 45-24.3-21 .

Duty to maintain surfaces covered by lead-based substances, § 45-24.3-21 .

45-24.3-7. Minimum standards for basic equipment and facilities.

No person shall occupy as owner or occupant, or let to another for occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking, or eating, which does not comply with the following requirements:

  1. Every dwelling unit must have a room or portion of a room in which food may be prepared and/or cooked, which has an adequate circulation area and is equipped with the following:
    1. A kitchen sink in good working condition and properly connected to a water supply system approved by the appropriate authority, and which provides, at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system or septic tank approved by the appropriate authority.
    2. Cabinets and/or shelves for the storage of eating and drinking and cooking equipment and utensils, and of food that does not, under ordinary maximum summer conditions, require refrigeration for safe keeping, and a counter or table for food preparation; the cabinets and/or shelves shall be adequate for the permissible occupancy of the dwelling unit and of sound construction finished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food.
    3. A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than fifty degrees (50 °) fahrenheit, but more than thirty-two degrees (32 °) fahrenheit, under ordinary maximum summer conditions, properly installed with all necessary connections for safe, sanitary, and efficient operation; provided, that the stove, refrigerator, and/or similar devices, need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide these on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of the stove, refrigerator, and/or similar devices is provided.
  2. Within every dwelling unit there must be a nonhabitable room which is equipped with a flush water closet and lavatory basin in good working condition. The flush water closet is equipped with easily cleanable surfaces, connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and is connected to a sewer system or septic tank approved by the appropriate authority, and the lavatory basin is equipped with easily cleanable surfaces and is in good working condition, and properly connected to an approved water supply system which provides adequate heated and unheated running water under pressure at all times, and connected to a sewer or septic system approved by the appropriate authority.
  3. Within every dwelling unit there must be a room, which affords privacy to a person within that room and is equipped with a bathtub or shower in good working condition. The bathtub or shower may be in the same room as the flush water closet or in another nonhabitable room, and is properly connected to a water supply system approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and is connected to a sewer system or septic tank approved by the appropriate authority.
  4. Every dwelling unit above the first floor must have approved dual means of egress, with minimum head room of six feet (6´), six inches (6"), leading to safe and open space at ground level. Every dwelling unit in a multiple dwelling has immediate access to two (2) or more approved means of egress, one of which has a minimum head room of six feet (6´), six inches (6"), leading to safe and open space at ground level, or as required by the laws of this state and the appropriate authority.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 2.

45-24.3-8. Minimum standards for light and ventilation.

  1. No person shall occupy as owner or occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this section.
  2. Every habitable room must have at least one window or skylight facing directly outdoors (provided that if connected to a room or area used seasonally (e.g., porch) then adequate daylight must be possible through this interconnection). The minimum total window area, measured between stops, for every habitable room is not less than ten percent (10%) of the floor area of that room. Whenever walls, or other portions of structures, face a window of the room, and light obstructing structures are located less than three feet (3´) from the window and extend to a level above that of the ceiling of the room, the window is not deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of the room, the total window area of the skylight shall equal at least ten percent (10%) of the total floor area of the room. Each window is not less than three (3) square feet in area.
  3. Every habitable room must have at least one window or skylight facing directly outdoors which can be easily opened, or other device to adequately ventilate the room; provided, that if connected to a room or area used seasonally, then adequate ventilation must be possible through this interconnection. The total of openable window area in every habitable room must be equal to at least fifty percent (50%) of the minimum window area size, or minimum skylight type window size, as required in this section, except where there is supplied some other device affording adequate ventilation and lighting approved by the appropriate authority.
  4. Every bathroom and water closet compartment and nonhabitable room used for food preparation must comply with the light and ventilation requirements for habitable rooms contained in this section, except that no window or skylight is required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system approved by appropriate authority.
  5. Where there is usable electric service available from power lines, not more than three hundred feet (300´) away from a dwelling, every dwelling unit, and all public and common areas, must be supplied with electric service, outlets and fixtures which are properly installed, maintained in good and safe working condition, and connected to the source of electric power in a manner prescribed by the ordinances, rules, and regulations of the corporate unit. The minimum capacity of these services, and the minimum number of outlets and fixtures, are as follows:
    1. Every habitable room must have electric service and outlets and/or fixtures capable of providing at least three (3) watts per square foot of floor area.
    2. Every habitable room and nonhabitable room used for food preparation must have at least one floor or wall type electric convenience outlet for each sixty (60) square feet, or fraction thereof, of floor area, and in no case less than two (2) outlets.
    3. Every water closet compartment, bathroom, and kitchen or kitchenette, laundry room, furnace room, and public hall must contain at least one supplied ceiling, or wall, electric light fixture.
    4. Convenient switches or equivalent devices for turning on one light in each room or passageway must be located so as to permit the area ahead to be lighted.
    5. Every public hall and stairway in every multiple dwelling must be adequately lighted by natural or electric light at all times to provide in all parts at least six (6) footcandles of light at the tread or floor level. Every public hall and stairway, in structures containing not more than three (3) dwelling units, may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full time lighting.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 3.

45-24.3-9. Minimum thermal standards for heating.

No person shall occupy, as owner or occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purposes of living, which does not comply with the following requirements:

  1. Every dwelling must have heating facilities properly installed and maintained in safe and working condition, and capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located at a distance of eighteen inches (18") above the floor level under average winter conditions to a temperature of at least sixty-eight degrees (68 °) fahrenheit.
  2. Unvented flame space heaters are prohibited in any dwelling or dwelling unit except as provided in § 45-24.3-9.2 . No owner or occupant shall install, operate, or use a space heater employing a flame that is not vented outside the structure in an approved manner, except those unvented portable space heaters which conform to the provisions of § 45-24.3-9.2 . Portable electric heaters, approved under the appropriate local or state electrical and/or fire prevention code, are acceptable where they meet the above provisions of this section.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1981, ch. 268, § 1.

45-24.3-9.1. Repealed.

Repealed Sections.

Former § 45-24.3-9.1 (P.L. 1978, ch. 176, § 1), concerning independent generating systems in housing for the elderly, was repealed by P.L. 1980, ch. 45, § 1.

45-24.3-9.2. Unvented portable space heaters.

  1. “Unvented portable space heater”, as used in this section, means a non-flue connected, self-contained, self supporting, oil-fueled heating appliance equipped with an integral reservoir designed to be carried from one room to another.
  2. “Oil”, as used in this section, means any liquid fuel with a flash point of greater than one hundred degrees (100 °) fahrenheit, including, but not limited to, kerosene.
  3. “Listed”, as used in this section, means any unvented portable space heater evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, including, but not limited to, an organization such as underwriters laboratories, inc., and which has been listed as being reasonably safe for its specific purpose and shown in a list published by the agency and/or bears the mark, name, and/or symbol of the agency as indication that it has been so listed.
  4. Listed unvented portable space heaters which comply with the requirements established in subsection (e) of this section may be offered for sale, sold, and used in any dwelling or dwelling unit.
  5. Unvented portable space heaters must adhere to the following requirements:
    1. Unvented portable space heaters must have labeling affixed to caution and inform concerning:
      1. Provision of an adequate source of ventilation when the heater is in operation;
      2. Use of only suitable fuel for the heater;
      3. Proper manner of refueling;
      4. Proper placement and handling of the heater when in operation;
      5. Proper procedures for lighting, flame regulation, and extinguishing the heater; and
      6. Prohibition on use of unvented portable space heaters in sleeping areas which particular label must be permanently affixed thereto;
    2. Unvented portable space heaters must be packaged with instructions to inform consumers regarding proper maintenance and operation, including, as a minimum, information regarding the provisions stated in subsections (e)(1)(i) through (e)(1)(vi) of this section;
    3. Unvented portable space heaters must be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees (33 °) from the vertical with an empty reservoir;
    4. Unvented portable space heaters must have an automatic safety shut off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards established in national fire protection association (NFPA) No. 31;
    5. Unvented portable space heaters must not produce carbon monoxide at rates which create a hazard when operated as intended and instructed; and
    6. A notice containing the following must be delivered with each unit sold:
      1. Unvented portable space heaters that incorporate electric components shall be connected to grounded outlets;
      2. A portable fire extinguisher shall be required in close proximity to unvented portable space heaters;
      3. A smoke detector shall be required in the area where an unvented portable space heater is to be used.

History of Section. P.L. 1981, ch. 268, § 2.

45-24.3-10. General requirements relating to the safe and sanitary construction and maintenance of parts of dwellings and dwelling units.

No person shall occupy, as owner or occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living, which does not comply with the following requirements:

  1. Every foundation, floor, roof, ceiling, and exterior and interior wall must be reasonably weathertight, watertight, and damp free, and shall be kept in sound condition and good repair. Floors, interior walls, and ceilings must be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, must be protected from the elements and decay by paint or other protective covering or treatment. Potentially hazardous materials will not be used where readily accessible to children. Walls must be capable of affording privacy for the occupants. Every premise must be graded, drained, free of standing water, and maintained in a clean, sanitary, and safe condition.
  2. Potentially hazardous material on the interior surfaces of any dwelling unit, rooming house, rooming unit, or facility occupied by children is prohibited. The interior surfaces include, but are not limited to, window sills, window frames, doors, door frames, walls, ceilings, stair-rails and spindles, or other appurtenances.
  3. Lead-based substances are prohibited whenever circumstances present a clear and significant health risk to the occupants of the property, as defined by regulations of the department of health.

    Where required because of the tenancy of an at-risk occupant, lead hazards must be mitigated as provided for in chapter 128.1 of title 42 or abated pursuant to chapter 24.6 of title 23.

  4. In each instance where there is reason to believe that lead-based substances are present, the enforcing officer shall either ascertain whether the lead hazard mitigation standard has been met, or confirm whether suspect substances are lead-based by arranging for a comprehensive environmental lead inspection which conforms to department of health regulations.
  5. In all instances where either compliance with mitigation standards cannot be confirmed by the enforcement officer by review of certifications for the same or where substances are confirmed to be lead-based by an environmental lead inspection, and there exists a lead exposure hazard, the enforcing officer shall identify necessary lead hazard reductions that must be taken pursuant to department of health regulations.
  6. In all instances where lead-based substances are identified on a dwelling, a dwelling unit, or premises occupied by a child suffering from “lead poisoning”, as defined in the Rhode Island Lead Poisoning Prevention Act, §§ 23-24.6-1 through 23-24.6-26 , the enforcing officer shall consider these instances under “emergencies”, pursuant to § 45-24.3-21 .
  7. During the portion of the year when there is a need for protection against mosquitoes, flies, and other flying insects, every door, opening directly from a dwelling unit to outside space, must have supplied properly fitting screens having at least sixteen (16) mesh and a self closing device; and every window, door, or other device with openings to outdoor space, used or intended to be used for ventilation, must be supplied with screens.
  8. Every window located at or near ground level, used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, must be supplied with adequate screens or other devices that will effectively prevent their entrance.
  9. Every dwelling or accessory structure and the premises upon which they are located shall be rodent-proofed and maintained to prevent rodents’ harborage.
  10. All openings in the exterior walls, foundations, basement, ground or first floors, and roofs which have a half-inch (1/2") diameter or more opening shall be rat-proofed in an approved manner if they are within forty-eight inches (48") of the existing exterior ground level immediately below those openings, or if they may be reached by rats from the ground by climbing unguarded pipes, wires, cornices, stairs, roofs, and other items as trees or vines or by burrowing.
  11. Skirting, lattice, or other non-rat-proofed enclosures displaying evidence of rat harborage under a porch or any portions of a building must be rat-proofed at all locations where evidence of burrowing or gnawing was found.
  12. In the event that occupancy usages would result in stacking or piling materials, the materials be arranged to prohibit the creation of a harborage area. This can be accomplished by orderly stacking and elevating so that there is a twelve inch (12") opening between the material and the ground level. No stacking or piling of material shall take place against the exterior walls of the structure.
  13. All doors, including swinging, sliding, and folding types, must be constructed so that the space between the lower edge of the door and the threshold does not exceed three-eighths inch (3/8"); provided, further, that the space between sections of folding and sliding doors when closed does not exceed three-eighths inch (3/8").
  14. Basement floors and/or the floors and areas in contact with the soil, and located at a maximum depth of four feet (4´) or less from the grade line, must be paved with concrete or other rat impervious material.
  15. Any materials used for rodent control must be acceptable to the appropriate authority.
  16. All fences provided by the owner or agent on the premises, and/or all fences erected or caused to be erected by an occupant, shall be constructed of manufactured metal fencing material, wood, masonry, or other inert material. These fences must be maintained in good condition. Wood materials shall be protected against decay by use of paint or other preservative. The permissible height and other characteristics of all fences must conform to the appropriate statutes, ordinances, and regulations of this state, and the corporate unit. Wherever any egress from the dwelling opens into the fenced area, there must be a means of egress from the premises to any public way adjacent to it.
  17. Accessory structures present or provided by the owner, agency, or tenant occupant on the premises must be structurally sound, and maintained in good repair and free from insects and rodents, or the structure shall be removed from the premises. The exterior of the structures shall be made weather resistant through the use of decay-resistant materials or the use of paint or other preservatives.
  18. Every plumbing fixture and all water and waste pipes must be properly installed and maintained in good working condition.
  19. No owner, operator, or occupant shall cause any service, facility, equipment, or utility, required under this chapter, to be removed from, or shut off from, or discontinued for any occupied dwelling or dwelling unit let or occupied by him or her, except for a temporary interruption that may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority.
  20. All construction and materials, ways and means of egress, and all installation and use of equipment must conform to applicable state and local laws dealing with fire protection.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 4; P.L. 1979, ch. 77, § 1; P.L. 1991, ch. 355, § 2; P.L. 2002, ch. 187, § 5; P.L. 2002, ch. 188, § 5; P.L. 2009, ch. 310, § 56.

Cross References.

Duty to maintain surfaces covered by lead-based substances, § 45-24.3-21 .

45-24.3-11. Minimum space, use, and location requirements.

No person shall occupy, or let to be occupied, a dwelling or dwelling unit, for the purpose of living, unless there is compliance with the requirements of this section.

  1. Every dwelling unit must contain at least one hundred fifty (150) square feet of floor space for the first occupant, and at least one hundred thirty (130) square feet of floor space for every additional occupant, the floor space to be calculated on the basis of total habitable room space.
    1. In every dwelling unit for two (2) or more rooms, every room occupied for sleeping purposes must contain at least seventy (70) square feet of floor space for the first occupant, and at least fifty (50) square feet of floor space for each additional occupant. A bathroom or water closet compartment must not be used as the only passageway to any habitable room, hall, basement, or cellar or to the exterior of a dwelling unit.
    2. At least seventy-five percent (75%) of the floor area of every habitable room must have a ceiling height of no less than seven feet (7´) and the floor area of that part of any room, where the ceiling height is less than five feet (5´), must not be considered as part of the floor area of the room for the purpose of determining the maximum permissible occupancy. At least fifty percent (50%) of the floor area in attic rooms must have a ceiling height of seven feet (7´).
    3. No space, located totally or partially below grade, shall be used as a habitable room or dwelling unit unless:
      1. The floor, and those portions of the walls below grade, are of waterproof and damp proof construction;
      2. The minimum window area, required in § 45-24.3-8 , is located entirely above grade of the ground adjoining the window area or, if windows are located wholly or partly below grade, there is constructed a properly drained window well whose ground open area is equal to, or greater than, the area of the window opening; the bottom of the window well is below the top of the impervious masonry construction under this window; and the minimum horizontal projections of the bottom of the window well is equal to, or greater than, the vertical dimensions (depth) of the window well as measured from the bottom of the masonry opening for the window, and no part of the window well opposite this window protrudes above the line projected at a forty-five degree (45 °) angle from the bottom of the window opening at right angles to the outer wall;
      3. The total openable window area in each room is equal to at least the minimum, as required under this chapter, except where there is supplied some other device affording adequate ventilation and humidity control and approved by the appropriate authority; and
      4. There are no pipes, ducts, or other obstructions, less than six feet (6´) above the floor level which interfere with the normal use of the room or area.
  2. Every dwelling unit must have at least four (4) square feet of floor to ceiling height closet space, for the personal effects of each permissible occupant. If it is lacking in whole or in part, an amount of space, equal in square footage to the deficiency, must be subtracted from the area of habitable room space used in determining permissible occupancy.
  3. A dwelling unit must not be occupied by more than one family plus two (2) occupants unrelated to the family, except for guests or domestic employees or by not more than one household if the occupants are unrelated, unless a permit for a rooming house has been granted by the appropriate authority.
  4. Each dwelling must have a suitable facility for the safe storage of medicines, toxic materials, and household poisons, such as ammonia, paint, gasoline, etc., to ensure safety for children in the residential environment.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 5.

45-24.3-12. Rooming house.

  1. No person shall operate a rooming house, or occupy, or let to another for occupancy, any rooming house except in compliance with the provisions of §§ 45-24.3-6 , 45-24.3-7 , and 45-24.3-11 . No owner or other person shall occupy, or let to another person, any vacant rooming unit unless it is clean, sanitary, and fit for human occupancy, and in compliance with all applicable requirements of this state and of the corporate unit.
  2. No person shall operate a rooming house unless he or she holds a valid rooming house permit issued by the appropriate authority in the name of the operator and for the specific dwelling or dwelling unit specified therein. The operator shall apply to the appropriate authority for the permit, which shall be issued only after it has been determined that the rooming house is in compliance with the applicable provisions of this chapter and with any rules and regulations adopted pursuant to this chapter. This permit must be displayed in a conspicuous place within the rooming house at all times. No permit is transferable. Every person holding a permit shall give notice in writing to the appropriate authority within twenty-four (24) hours after having sold, transferred, given away, or otherwise disposed of ownership of, interest in, or control of any rooming house. The notice shall include the name and address of the person succeeding to the ownership, or control, of the rooming house. Every rooming house permit expires at the end of the year of license following its date of issuance, unless sooner suspended or revoked as provided in this chapter.
  3. At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system or septic tank, approved by the health officer and in good working condition, must be supplied for each six (6) persons, or fraction thereof, residing within a rooming house, including members of the operator’s family wherever they share the use of these facilities, provided:
    1. That in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) the required number of water closets;
    2. That all these facilities are so located within the dwelling to be reasonably accessible for a common hall or passageway to all persons sharing these facilities;
    3. That every lavatory basin and bathtub or shower is supplied with heated and unheated water under pressure at all times;
    4. That no facilities are located in a basement, except by written approval of the appropriate authority;
    5. That cooking in a rooming unit is prohibited unless utilities are installed in accordance with applicable local and state law;
    6. That communal cooking and dining facilities in a rooming house prohibited, except as approved by the enforcing officer in writing; and
    7. That rooming unit doors have operating locks to insure privacy.
  4. Every room occupied for sleeping purposes by one person contain at least eighty (80) square feet of floor space, and every room occupied for sleeping by more than one person contains at least sixty (60) square feet of floor space for each occupant, and every room must also contain at least four (4) square feet of closet space per occupant with at least an unobstructed height of five feet (5´). If the room is lacking, in whole or in part, an amount of space, equal in square footage to the deficiency, be subtracted from the area of habitable room space used in determining permissible occupancy.
  5. Every rooming unit about the first floor must have immediate access to two (2) or more safe, unobstructed means of egress, appropriately marked, one of which will have a minimum head room of six feet (6´) six inches (6"), leading to a safe and open space at ground level, as required by the appropriate statutes, ordinances, and regulations of this state and of the corporate unit.
  6. Every provision of this chapter, which applies to rooming houses, also applies to hotels and motels, except to the extent that any provision may be found in conflict with the laws of this state or the corporate unit.
  7. Structurally sound handrails must be provided on any steps containing five (5) risers or more. If steps are not enclosed, handrails and balusters spaced no more than six inches (6") apart must be provided. Porches and/or balconies located more than three feet (3´) higher than the adjacent areas have structurally sound protective handrails thirty inches (30") to thirty-six inches (36") high, and, if unenclosed, balusters spaced no more than six inches (6") apart must also be provided. Alternate systems providing at least the same degree of safety, if approved by the appropriate authority, will be accepted.
  8. Access to or egress from each rooming unit must be provided without passing through any other rooming unit, dwelling unit, or bathroom.

History of Section. P.L. 1970, ch. 325, § 1.

45-24.3-13. General requirements relating to the safe and sanitary maintenance of nonresidential structures and premises.

No person shall occupy as owner or occupant, or let to another for occupancy, any vacant dwelling or nonresidential structure, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with §§ 45-24.3-6 , 45-24.3-9 , 45-24.3-10 , and 45-24.3-14 45-24.3-22 and all applicable legal requirements of the state of Rhode Island and the corporate unit.

History of Section. P.L. 1970, ch. 325, § 1.

45-24.3-14. Adoption of plans of inspection.

  1. The enforcing officer is authorized and directed to develop and adopt plans for the inspection of dwelling units subject to the provisions of this chapter, including a plan for the systematic inspection of dwelling units contained in contiguous areas within the corporate unit as may from time to time be designated by the enforcing officer.
  2. Before making inspections within a contiguous area pursuant to a plan authorized in this section, the enforcing officer must advise the organization which represents the property owners and other residents of the contiguous area, if any organization exists.

History of Section. P.L. 1970, ch. 325, § 1.

45-24.3-15. Inspections — Powers and duties of the enforcing officer.

  1. The enforcing officer shall enforce the provisions of this chapter and is authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by § 45-24.3-14 ; or in response to a complaint that an alleged violation of this chapter or of applicable rules or regulations pursuant to this chapter may exist; or when the enforcing officer has valid reason to believe that a violation of this chapter or any rules and regulations pursuant to this chapter has been or is being committed.
  2. The enforcing officer is authorized to enter and inspect between the hours of eight o’clock (8:00) a.m. and five o’clock (5:00) p.m. all dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and structures subject to this chapter, for the purpose of determining whether there is compliance with its provisions.
  3. The enforcing officer is hereby authorized to inspect the premises surrounding dwellings, dwelling units, rooming houses, rooming units, dormitory rooms, and structures subject to this chapter, for the purpose of determining whether there is compliance with its provisions.
  4. The enforcing officer and the owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory room, or structure subject to this chapter, may agree to an inspection by appointment at a time other than the hours provided in this section.
  5. The owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house, dormitory room, or structure upon presentation of proper identification by the enforcing officer, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected, must give the enforcing officer entry and free access to every part of the dwelling, dwelling unit, rooming unit or dormitory room, or structure or to the premises surrounding any of these.
  6. The enforcing officer must keep confidential all evidence and information not related to the purposes of this chapter which he or she may discover or obtain in the course of an inspection made pursuant to this section, and that evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the enforcing officer for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant to this chapter, and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, occupant, or other person in charge of the dwelling unit or rooming unit, or structure, inspected.
  7. If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house or structure, fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the enforcing officer may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to the dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house or structure, petition and obtain an order from a court of competent jurisdiction.
  8. Any person who refuses to comply with an order issued pursuant to this section is subject to penalties that may be authorized by law for violation of a court order.
  9. The enforcing officer has the right to prosecute for any violation of this chapter as provided by law, and is authorized to execute all warrants, with the exception of search warrants, for the violation of laws, rules, and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules, and regulations relating to this chapter.

History of Section. P.L. 1970, ch. 325, § 1.

45-24.3-16. Rules and regulations — Enforcement agencies — Housing board of review.

  1. The local authority is authorized to make, adopt, revise, and amend rules and regulations that it deems necessary for the carrying out of the purposes of this chapter.
  2. Establishment of enforcement agencies. The local authority will further provide for the creation and establishment of divisions, offices, departments, bureaus, and agencies and their respective officers, deputies, and agencies that may be required to enforce and administer the powers and duties authorized by this chapter.
  3. Housing board of review. The local authority will provide for the selection and organization of a housing board of review consisting of five (5) members, provided that the Westerly housing board of review shall have three (3) members, with two (2) members constituting a quorum. The local authority is authorized to designate the board of appeals as the housing board of review in the cities and towns where these boards of appeal now exist or may be authorized by law. The chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board are open to the public. Any housing board of review established pursuant to this chapter shall be governed by the following procedure:
    1. The board shall keep minutes of its proceedings, showing the vote upon each question, and keep records of its decisions and findings and the reasons therefor, and of its examinations and other official actions, all of which shall be filed immediately in the office of the board and be a public record.
    2. The housing board of review is governed by § 45-24.3-21 pertaining to appeals.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 6; P.L. 2009, ch. 244, § 2; P.L. 2009, ch. 260, § 2.

Compiler’s Notes.

P.L. 2009, ch. 244, § 2, and P.L. 2009, ch. 260, § 2, enacted identical amendments to this section.

45-24.3-17. Notice of violation.

  1. Whenever the enforcing officer determines that any dwelling, dwelling unit, rooming unit, or structure, or the premises surrounding any of these, fails to meet the requirements established in this chapter or in applicable rules and regulations issued pursuant to this chapter, he or she shall issue a notice stating the alleged failures and advising the owner, occupant, operator, or agent that the failures must be corrected. This notice shall:
    1. Be in writing;
    2. State the alleged violations of the chapter or of applicable rules and regulations issued pursuant to it;
    3. Describe the dwelling, dwelling unit, rooming unit, or structure where the violations are alleged to exist or to have been committed;
    4. Provide a reasonable time, not to exceed thirty (30) days, for the correction of any alleged violation; and
    5. Be served upon the owner, occupant, operator, or agent of the dwelling, dwelling unit, rooming unit, or structure personally, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator, or agent.
  2. The owner of any dwelling, dwelling unit, rooming unit or structure who is a nonresident of the state of Rhode Island shall have and continuously maintain with the city or town clerk where the property is located a registered agent, which agent may be either an individual who resides in this state or corporation authorized to do business in this state. The landlord’s designation shall be in writing, shall include the name and address of the agent, and shall include the street address of each property designated to the agent. The agent so appointed shall be the agent of the owner upon whom any notice process or demand required or permitted by law to be served may be served. Any person who fails to maintain a registered agent shall be subject to a fine of one hundred dollars ($100).
  3. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the dwelling, dwelling unit, rooming unit, or structure described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three (3) consecutive days.
  4. At the end of the period of time allowed for the correction of any alleged violation, the enforcing officer shall reinspect the dwelling, dwelling unit, rooming unit, or structure described in the notice.
  5. If upon reinspection the alleged violations are determined by the enforcing officer not to have been corrected, he or she shall issue a second notice of violation on which constitutes an order requiring that the then existing failures to meet the requirements of this chapter, or of applicable existing rules or regulations issued pursuant to it, shall be corrected within a reasonable time allowed, but not to exceed thirty (30) days after the date of the reinspection, if the person served with the notice does not petition for a hearing on the matter in the manner provided by this chapter.
  6. The enforcing officer shall cause a copy of the second notice to be posted in a conspicuous place in or about the dwelling, dwelling unit, rooming unit, or structure where the violations are alleged to exist, and shall serve it in the manner provided in this section.
  7. The enforcing officer, after the expiration of time granted the person served with the second notice to seek a hearing in the manner provided by this chapter, or after final decision by the housing board of review or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded in the land registry of the corporate unit.
  8. The notice shall state that a cumulative civil penalty has been imposed. Except as otherwise provided in this section, no notice and lien recorded under this chapter shall be released until the violation has been abated and the penalty imposed, as provided for in § 45-24.3-18 , has been paid.
  9. All subsequent transferees of the dwelling, dwelling unit, rooming unit, or structure in connection with which a second notice has been so recorded, are deemed to have notice of the continuing existence of the alleged violations, and are liable to all penalties and procedures provided by this chapter and by applicable rules and regulations issued pursuant to it to the same degree as was their transferor.
  10. It is unlawful for the owner of any residential or non-residential building upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease, or dispose of the building to another until the provisions of the notice or order have been complied with or until the owner first furnishes to the grantee, lessee, or mortgagee prior to the transfer, lease, or mortgage, a true copy of any notice or order issued by the enforcing officer, and, at the same time, notify the enforcing officer, in writing, of the intent to transfer, lease, or mortgage either by delivering the notice of intent to the enforcing officer and receiving a receipt for the notice, or by registered or certified mail, return receipt requested, giving the name and address of the person to whom the transfer, lease, or mortgage is proposed. A transferee, lessee, or mortgagee who has received actual or constructive notice of the existence of a notice or order is bound by the notice or order as of the date of the transfer, mortgage, or lease without service of further notice upon him or her.
  11. The notice, once recorded in the land registry, is effective for a period of three (3) years from the date of recording, and, in the absence of an intervening renewal by the enforcing officer or by the enforcing officer for the corporate unit taking other action as provided by this chapter, shall cease to be a notice of violation at the expiration of the three-year term. Notices already of record as of June 18, 1985 will, in the absence of an intervening renewal by the enforcing officer or by other action taken by the enforcing officer for the corporate unit under this chapter, cease to be a notice of violation at the expiration of three (3) years.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 7; P.L. 1985, ch. 223, § 1; P.L. 1987, ch. 128, § 1; P.L. 2000, ch. 72, § 1.

Cross References.

Time intervals to expedite correction or abatement of emergency violations, § 45-24.3-21 .

45-24.3-18. Penalties — District court jurisdiction — Review by supreme court — Duties of prosecutor.

  1. Civil penalty.  Any owner, occupant, operator, or agent, of a dwelling, dwelling unit, rooming unit, or structure who has received the second order or notice of a violation of this chapter is subject to a cumulative civil penalty of fifty dollars ($50.00) per day for each day each violation continues after expiration of the specified reasonable consideration period; provided, that no penalty is applicable while a reconsideration, hearing, or appeal to a court of competent jurisdiction is pending in the matter. In those instances where emergencies exist pursuant to § 45-24.3-21 , any owner, operator, occupant, or agent of a dwelling, dwelling unit, rooming unit, or structure is subject to a cumulative civil penalty of one hundred dollars ($100) per day for each day an emergency violation continues.
  2. Criminal penalties; willful or reckless violations; false statements.  (1) Any person who: (i) willfully or recklessly violates any provision of this chapter; or (ii) willfully or recklessly violates, or fails to comply with, any requirement of an order of the enforcing officer; or (iii) makes, or causes any other to make, any false or misleading statement on any registration statement, notice, or other document required to be filed pursuant to this chapter; or on any application, or any accompanying document, for the granting of any permit or any other action by the appropriate authority pursuant to this chapter, is guilty of a “violation”, as defined in § 11-1-2 , punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500) for each violation, and each day’s failure to comply with any provision constitutes a separate violation.
    1. Willfully or recklessly violates any provision of this chapter; or
    2. Willfully or recklessly violates, or fails to comply with, any requirement of an order of the enforcing officer; or
    3. Makes, or causes any other to make, any false or misleading statement on any registration statement, notice, or other document required to be filed pursuant to this chapter, or on any application, or any accompanying document, for the granting of any permit or any other action by the appropriate authority pursuant to this chapter, is guilty of a “violation”, as defined in § 11-1-2 , punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500) for each violation, and each day’s failure to comply with any provision constitutes a separate violation. (2) A person commits a willful violation when that person intentionally acts or intentionally fails to act, to cause a condition that violates this chapter. A person commits a reckless violation when that person acts, or fails to act, with a conscious disregard of a substantial risk that the act or failure to act will result in a condition, constituting a violation of this chapter, which will endanger the life, health, or safety of another person. The district court has exclusive original jurisdiction of all these violations as provided in § 12-3-1 . A party aggrieved by any judgment of the district court imposing a fine may seek review by the supreme court in accordance with § 12-22-1.1 .
  3. The solicitor for a city or town shall immediately seek civil and criminal penalties, as defined in subsections (a) and (b) of this section, against an owner of premises subject to this chapter who fails to comply with a second notice of violation of this chapter and who willfully or recklessly violates this chapter.
  4. Where the violations continue one year or more after notice of the violations, an additional civil penalty is imposed on the owner, occupant, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure. The additional civil penalty shall be a cumulative penalty of one hundred dollars ($100) per day for each day each violation continues. This penalty constitutes a lien on the real estate until paid.

History of Section. G.L. 1938, ch. 344, § 9C; P.L. 1939, ch. 726, § 4; P.L. 1950, ch. 2619, § 3; G.L. 1956, § 45-25-18 ; P.L. 1960, ch. 133, § 1; P.L. 1981, ch. 373, § 1; P.L. 1984, ch. 279, § 1; P.L. 1986, ch. 332, § 1.

Cross References.

Circumstances under which eviction of occupants from dwelling unlawful, § 45-24.3-21 .

45-24.3-19. Repairs and other corrective action — Demolition — Revolving fund.

  1. Repairs and other corrective action.
    1. Whenever an owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure fails, neglects, or refuses to make repairs or other corrective action called for by a second order or notice of violation issued pursuant to § 45-24.3-17 , the enforcing officer may undertake the repairs or action, when in his or her judgment a failure to make them will endanger the public health, safety, or welfare, and the cost of the repairs and action will not exceed fifty percent (50%) of the fair market value of the structure to be repaired.
    2. Notice of the intention to make repairs or take other corrective action shall be served upon the owner, operator, or agent pursuant to § 45-24.3-17 .
    3. Every owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure, who receives notice of the intention of the enforcing officer to make repairs or take other corrective action, shall give entry and free access to the agent of the enforcing officer for the purpose of making repairs.
    4. Any owner, operator, agent, or occupant of a dwelling, dwelling unit, rooming unit, or structure, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant to a notice of intention to make repairs or take other corrective action, is subject to a civil penalty of twenty-five dollars ($25.00) for each failure to comply with this section.
    5. When repairs are made or other corrective action taken at the direction of the enforcing officer, cost of the repairs and corrective action constitutes a debt in favor of the corporate unit against the owner of the repaired structure. In the event the owner fails, neglects, or refuses to pay the corporate unit the amount of this debt, it is recoverable in a civil action against the owner or his or her successor, brought in a court of competent jurisdiction by the corporate unit which possesses all rights of a private creditor.
  2. Designation of unfit dwellings, dwelling units, rooming units, and structures.
    1. Any dwelling, dwelling unit, rooming unit, or structure shall be designated as unfit for human habitation when any of the following defects or conditions are found, and when, in the opinion of the enforcing officer, these defects create a hazard to the health, safety, or welfare of the occupants or of the public:
      1. The structure is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested.
      2. The structure lacks illumination, ventilation, or required thermal and sanitation facilities.
      3. The general condition of location is unsanitary, unsafe, or unhealthful.
    2. Whenever any dwelling, dwelling unit, rooming unit, or structure has been designated as unfit for human habitation, the enforcing officer shall placard the dwelling, dwelling unit, or rooming unit, or structure, indicating that it is unfit for human habitation, and, if occupied, shall order the dwelling, dwelling unit, rooming unit, or structure vacated within a reasonable time, that time to be not more than thirty (30) days.
    3. No dwelling, dwelling unit, rooming unit, or structure, designated as unfit for human habitation, and which has been placarded and vacated, shall be used again for human habitation until written approval is secured from the enforcing officer and the placard removed by the enforcing officer.
    4. The enforcing officer shall rescind the designation and remove the placard when the defect or condition upon which the designation and the placarding was based has been removed or eliminated as to cause the dwelling, dwelling unit, rooming unit, or structure to be deemed by the enforcing officer as a safe, sanitary, and fit place or unit for human habitation.
    5. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming unit, or structure which has been designated as unfit for human habitation and has been placarded, except as provided in this section.
    6. Any person affected by any decision of the enforcing officer or by any designation or placarding of a dwelling, dwelling unit, rooming unit, or structure as unfit for human habitation, shall be granted a hearing on the matter before the enforcing officer under the procedure established in § 45-24.3-21 .
    7. The enforcing officer may order the owner of any building, which has been in the past and/or is vacant and open, to comply with the following specifications: all openings (including doors and windows) from cellar to second floor and all windows above the second floor leading to fire escapes, porches, or structural appurtenances, on all floors, must be covered from the exterior with three-eighths inch (3/8") thick exterior plywood or one-half inch (1/2") notched boards firmly secured and with protective coating. All other windows must be so secured by either one-quarter inch (1/4") thick exterior plywood or one-half inch (1/2") notched boards.
  3. Demolition of dwellings, dwelling units, or rooming units designated as unfit for human habitation.
    1. The enforcing officer shall order a dwelling, dwelling unit, or rooming unit to be demolished if it has been designated as unfit for human habitation, has been placarded, has been vacated, and has not been put into proper repair as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the enforcing officer not to warrant repair under this section.
    2. The owner of any dwelling, dwelling unit, or rooming unit, ordered demolished, shall be given notice of this order in the manner provided for service of notice in § 45-24.3-17 , and given a reasonable time, not to exceed ninety (90) days, to demolish the structure.
    3. Any owner aggrieved by the notice to demolish may, within ten (10) days, seek a reconsideration of the matter in the manner provided, and may seek a formal hearing in the manner provided in § 45-24.3-21 .
    4. When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary dwelling, dwelling unit, or rooming unit within the requisite time, the enforcing officer may apply to a court of competent jurisdiction for a demolition order to undertake the demolition. The court may grant the order when no reconsideration or hearing on the matter is pending. The cost of the demolition shall create a debt in favor of this corporate unit against the owner, and is recoverable in a civil action brought by the corporate unit which possesses all the rights of a private creditor.
    5. Whenever a dwelling is demolished, whether carried out by the owner or by the enforcing officer, the demolition shall include the filling in of the excavation remaining on the property on which the demolished dwelling was located, in a manner that eliminates all potential danger to the public health, safety, or welfare arising from the excavation.
    6. All demolition shall be preceded by an inspection of the premises by the appropriate authority as provided for by the laws of this state.
  4. Relocation of occupants.  Notwithstanding the other provisions of this section, no dwelling shall be vacated or demolished by the enforcing officer, under the powers granted to him or her by the provisions of this chapter, until persons occupying the dwelling at the time the compliance order is issued have been offered housing accommodations in a decent, safe, and sanitary dwelling which meets the requirements of this chapter.
  5. Revolving fund.  There is created a revolving fund for the purpose of supporting the cost of repairs and other corrective action or demolition made by the enforcing officer pursuant to this section. Into this fund shall be paid:
    1. All civil penalties collected for violations of this chapter pursuant to § 45-24.3-18 .
    2. All license fees collected pursuant to this chapter.
    3. All judgments collected in actions to recover the costs of repair and other corrective action and demolition, pursuant to this section.
    4. Any other revenues that the corporate unit may from time to time authorize to be paid into this fund.
    5. All donations and grants designed to promote the purposes of this chapter from public or private sources. The enforcing officer is declared to be the authorized agency of the corporate unit to apply for and receive all grants, loans, and gifts of funds to promote the purposes of this chapter.
  6. Rent payments.  Notwithstanding any lease or other agreement, if the enforcing officer of any corporate unit has ordered the repair, alteration, or improvement of a dwelling in that the officer designates the dwelling to be an unfit dwelling, as provided for in this section, then the obligation of rent to the landlord is suspended and the rent paid into the revolving fund as established in subsection (e) by the enforcing officer, to be paid thereafter to the landlord or any other party authorized to make repairs (including the enforcing officer) to defray the cost of correcting the conditions, and no action shall be maintained by the landlord against the tenant for rent or for possession. Sums paid into the revolving fund in excess of those necessary to make repairs shall be paid to the landlord on completion. If the tenant fails to make payments to the enforcing officer then an action for rent or possession may be maintained, subject to defenses that the tenant may have under the lease or agreement.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 9.

45-24.3-19.1. Avoiding residential demolition through owner neglect.

A city or town may by ordinance empower city or town councils in consultation with the local building inspection or code enforcement office, to identify residential structures the physical condition of which have deteriorated so as to endanger the preservation of the structure or its appurtenances. Upon the petition to the local building inspection office or code enforcement office that a residential structure is so determined that its preservation is endangered, the town or city council may establish a reasonable time not less than thirty (30) days within which the owner(s) must begin repairs. If the owner(s) have not begun repairs within the time allowed, the council or a body it may designate may conduct a hearing at which the owner(s) may appear and state their reasons for not commencing repairs. If the owner(s) do not appear at the hearing or do not comply with the council’s orders, the council may cause the required repairs to be made at the expense of the city or town, and cause a lien to be placed against the property for repayments.

History of Section. P.L. 1991, ch. 307, § 4.

45-24.3-20. Collection and dissemination of information.

The enforcing officer is authorized to collect and disseminate information concerning techniques of maintenance, repair, and sanitation in housing, and concerning the requirements of this chapter and applicable rules and regulations issued pursuant to it.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 10.

45-24.3-21. Application for reconsideration — Conferences — Hearings — Emergencies — Obligations of owner — Court proceedings — Fees.

  1. Application for reconsideration.  (1) Any person aggrieved by a notice of the enforcing officer issued in connection with any alleged violation of this chapter or of applicable rules and regulations issued pursuant to it, or by any order requiring repair or demolition pursuant to § 45-24.3-19 , may apply to the enforcing officer for a reconsideration of the notice or order within ten (10) days after it has been issued. (2) The enforcing officer shall set a time and place for an informal conference on the matter within ten (10) days of the receipt of the application, and advise the applicant of the time and place in writing. (3) At the informal conference, the applicant is permitted to present his or her grounds for believing that the order should be revoked or modified to one or more representatives of the enforcing officer. (4) Within ten (10) days following the close of the informal conference, the enforcing officer shall advise the applicant whether or not he or she will modify or set aside the notice or order issued by the enforcing officer.
  2. Hearings.  (1) Any person aggrieved by a notice of the enforcing officer issued in connection with any alleged violation of the provisions of this chapter or of any applicable rules and regulations pursuant to it, or by any order requiring repair or demolition pursuant to § 45-24.3-19 , may file with the housing board of review a petition stating that person’s reasons for contesting the notice or order. (2) The petition shall be filed within ten (10) days after the notice or order is served on the petitioner in the manner prescribed by § 45-24.3-17 . (3) Upon receipt of a valid petition, the housing board of review shall either grant or deny the hearing requested, and advise the petitioner of its decision, in writing, within ten (10) days of the day on which his or her petition was received. (4) When the housing board of review determines to hold a hearing, it shall serve the petitioner with notice of its decision in the manner provided for service of notice in § 45-24.3-17 . The notice shall be served within ten (10) days of the receipt of the petition. (5) At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended. (6) The housing board of review has the power to affirm, modify, or revoke the notice or order, and may grant an extension of time, for the performance of any act required, of not more than three (3) additional months where the housing board of review finds that there is practical difficulty or undue hardship connected with the performance of any act required by the provisions of this chapter or by applicable rules and regulations issued pursuant to it; when the housing board of review finds that there is practical difficulty or unnecessary hardship connected with the performance of any act required by this chapter and applicable rules and regulations pursuant to it; that strict adherence to these provisions would be arbitrary in the case at hand; that extension would not provide an appropriate remedy in the case at hand; and that a variance is in harmony with the general purpose of this chapter to secure the public health, safety, and welfare.
  3. Emergencies.  (1) Whenever, in the judgment of the enforcing officer, an emergency exists which requires immediate action to protect the public health, safety, or welfare, notice of violation may be issued, directing the owner, occupant, operator, or agent to take action that is appropriate to correct or abate the emergency. (2) The owner, occupant, operator, or agent may petition for a code enforcement hearing, but the hearing shall in no case stay the abatement of correction of the emergency. (3) Every owner of a dwelling or multiple dwelling unit is responsible for maintaining all surfaces covered by lead-based substances in an appropriate manner as to insure no unsafe conditions exist as described in § 45-24.3-10 . (4) It is unlawful for any owner, operator, or agent to evict occupants from a dwelling or dwelling unit without just cause during conferences, hearings, appeals, or when served with a notice of violation. (5) To expedite correction or abatement of emergency violations the following time intervals hold:
    1. A notice of violation provides a time period not to exceed ten (10) days for the correction of any violation. The person served with the notice of violation has a time period not to exceed five (5) days to petition for an informal hearing with the local code enforcement agency, which will be held within five (5) days.
    2. Second notice of violation.  A second notice of violation provides a time period not to exceed five (5) days for the correction of any violation.
  4. Court proceedings.  (1) The district court, upon due proceedings instituted in the name of any of the several cities or towns, has power to proceed according to equity:
    1. To restrain, prevent, enjoin, abate, or correct a violation; or
    2. To order the repair, vacation, or demolition of any dwelling existing in violation of the provisions of this chapter or to otherwise compel compliance with all of the provisions of this chapter or corporate unit ordinances adopted pursuant to the authority of this chapter.

      When, under the provisions of this chapter or of any ordinance passed pursuant to the authority of this chapter, any work is done or material furnished by any enforcing officer or by his or her order at the expense of the owner or other persons interested, the value of the work and material may be recovered in an action brought against the owner or other interested person or persons, and if any work or materials been done or furnished at the cost of the corporate unit, the enforcing officer shall cause the action to be brought in the name of the corporate unit. Upon the entry of any case or proceeding brought under the provisions of this chapter, the court shall, at the request of either party, advance the case so that it may be heard and determined with as little delay as possible.

      (2) The court shall extend priority to the scheduling of emergency cases.

  5. Filing fees; judicial review.  All proceedings instituted in the names of the several cities and towns are exempt from the payment of the district court filing fees. Any person or persons jointly or severally aggrieved by the final judgment, decision, or order of the district court may seek review by the supreme court in accordance with § 8-8-3.2(b) .

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1972, ch. 118, § 11; P.L. 1977, ch. 277, § 6; P.L. 1978, ch. 182, § 4; P.L. 1979, ch. 77, § 1.

45-24.3-22. Conflict of provisions — Severability.

In any case where a provision of this chapter is found to be in conflict with provisions of any zoning, building, fire, safety, or health ordinance or code of the corporate unit and of this state on or after January 1, 1971, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people prevails, except those provisions established under the State Building Code effective July 1, 1977, as delineated in § 45-24.3-4 , are to be the “higher standard”. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the corporate unit or of this state existing on January 1, 1971, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter are deemed to prevail, and any other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this chapter. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared invalid for any reason whatsoever, that decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1970, ch. 325, § 1; P.L. 1988, ch. 42, § 1.

45-24.3-23. Repealed.

Repealed Sections.

Section 45-24.3-23 (P.L. 1987, ch. 211, § 1; P.L. 1988, ch. 370, § 2) concerning penalties for the failure to disclose the existence of ordinances in real estate sales contracts, was repealed by P.L. 1992, ch. 425, § 4, effective June 1, 1993.

Chapter 24.4 Special Development Districts

45-24.4-1. Declaration of purpose.

  1. It is declared that there exist within the various cities of the state, including, but not limited to, Providence, numerous railroad or former railroad properties and adjacent lands that are or may be the subject of railroad relocation projects involving the coordination of federal, state, local, and private action. These areas represent or are contiguous with urban areas of historical, aesthetic, social, cultural, and economic importance, and are an important public asset.
  2. It is further declared that there is a statewide need for coordinated attention to and supervision of the development of these areas for the purpose of preserving for the education, enjoyment, and welfare of the general public, important historical and aesthetic features, the promotion of commercial and economic development, the attraction to our urban centers of appropriate business, industrial, and tourist trade, resources, and investment, the development of an attractive urban environment that fosters the social welfare and health of the public and is harmonious with the social, historic, and cultural environment that already exists, and the harmonious coordination of the federal, state, local, and private action that influences the urban railroad relocation project.
  3. It is further declared that the developmental tools presently available to cities in the state do not contain sufficient flexibility to address the unique problems arising from the urban railroad relocation project and to govern comprehensive and coordinated development of areas subject to these projects consistently with the previously-declared public needs and purposes. Proper development of these areas, consistent with the general welfare, may require designation of special land use districts and special land-use controls which may be more stringent or more flexible than existing zoning, planning, and other developmental tools, and may require the adoption, implementation, and administration of a plan that establishes a framework for development and sets out detailed design and development criteria, regulations, and enforcement procedures.
  4. It is further declared that the most efficient and effective method to further the previously-declared public policy of the state to encourage the appropriate, comprehensive, and coordinated development of railroad or former railroad properties and adjacent lands that are or may be the subject of railroad relocation projects involving federal, state, local, and private action, is to permit the creation of special development districts in the cities of the state and the creation of special development district commissions to adopt, implement, and administer plans of development that establish and enforce design and development criteria and regulations for the development of these areas.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-2. Short title.

This chapter may be referred to and cited as the “Rhode Island Special Development District Enabling Act”.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-3. Definitions.

As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

  1. “Certificate of approval” means the document issued by a special development district commission approving an application for construction, erection, alteration, demolition, or use of a structure or land within a special development district, and pursuant to which a building permit may be issued.
  2. “Certificate of rejection” means the document issued by a special development district commission rejecting an application for construction, erection, alteration, demolition, or use of a structure or land within a special development district.
  3. “Commission” means a special development district commission designated by a city council pursuant to this chapter.
  4. “Development map” means a map of a special development district that shows the parcels into which the district may have been divided according to the plan of development.
  5. “Permit” means a building permit issued by a city building inspector.
  6. “Person” means a natural person or any other legal entity, including, but not limited to, a corporation, firm, partnership, or trust.
  7. “Plan of development” or “plan” means a plan, including design and development criteria and regulations, for the development of a special development district adopted by a special development district commission pursuant to this chapter.
  8. “Regulations” means the rules regulating the construction, erection, alteration, demolition, or use of a structure or land within a special development district adopted by a special development commission pursuant to a plan of development.
  9. “Special development district” means an area of a city established, designated, laid out, or defined by a city council pursuant to this chapter because it is or may be the subject of combined federal, state, local, and private action relating to a railroad relocation project.
  10. “Structure” means a building or anything that is constructed or erected and that requires location on the ground or attachment to something located on the ground.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-4. Special development districts authorized.

For the purposes stated in § 45-24.4-1 , the city council of any city has the authority to establish, designate, lay out, and define, as special development districts, areas that are or may be or have been the subject of or substantially affected by combined federal, state, local, and private action in connection with railroad relocation projects and/or railroad abandonment actions, in the same manner as cities are presently empowered to establish, designate, lay out, and define zoning districts.

History of Section. P.L. 1981, ch. 332, § 1; P.L. 2003, ch. 344, § 3; P.L. 2003, ch. 345, § 3.

45-24.4-5. Procedure for designating special development districts.

  1. A special development district may be established, designated, laid out, and defined by any city council only after a public hearing before the city council or a committee or commission authorized by the city council to investigate and make recommendations concerning the proposed special development district. All interested persons shall be given an opportunity to be heard at the hearing. Notice of the time, place, nature, and purpose of the public hearing shall be given to all owners of any real property within two hundred feet (200´) of the perimeter of the proposed special development district, by registered or certified mail at least seven (7) days before the date of the hearing, and by publication of notice in a newspaper of general circulation within the city at least once each week for three (3) successive weeks prior to the date of the hearing. The newspaper notice containing a description of the proposed special development district shall be inserted once in its entirety, and, thereafter, a weekly formal legal notice shall be inserted stating that a public hearing will be held specifying the time and place of the hearing. The subsequent formal notices shall include a reference to the original advertisement which gave full description.
  2. The boundaries of a special development district established, designated, laid out, and defined according to the provisions of this chapter, may be amended only in accordance with procedures established in this section.

History of Section. P.L. 1981, ch. 332, § 1; P.L. 1988, ch. 84, § 107.

45-24.4-6. Designation of commission authorized.

The city council of any city that has established a special development district shall designate a commission that has been created by the general assembly, as a public corporation and instrumentality of the state, to adopt, implement, and administer a plan of development for the special development district. Upon that designation, the commission becomes an agency both of the designating city and of the state, and is known as a special development commission.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-7. Creation of commission.

The general assembly may create a special development district commission which is a public corporation and which, when designated by the city council of any city, has the authority to adopt, implement, and administer a plan of development for the special development district established in that city.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-8. Purposes and powers of commission.

Any special development district commission created pursuant to this chapter has any purposes that are consistent with the declaration of purpose established in § 45-24.4-1 , and has any powers that are necessary and incidental to the effectuation of the stated purposes and the adoption, implementation, and administration of a plan of development for the special development district, and any other powers that the general assembly may grant in the creation of the commission.

History of Section. P.L. 1981, ch. 332, § 1.

Cross References.

Commission quorum and voting, § 45-24.4-10 .

45-24.4-9. Adoption of special development district plan — Regulation of structures and uses — Notice.

  1. A special development district commission shall adopt a plan of development for the special development district. Any plan of development adopted by a special development district commission pursuant to this chapter may regulate and restrict, by means of regulations duly adopted by the commission, the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within the special development district in a uniform, consistent, and nondiscriminatory manner that is rationally related to the purposes of this chapter. The plan may include regulations relating to allowable land uses, the location and use of buildings, street systems, dimensional and area coverage requirements, setbacks and build-to lines, frontage, parking requirements, landscaping, pedestrian travel, signs, design review, open spaces, and population density.
  2. Pursuant to the plan of development, the commission may divide the special development district into several parcels as indicated on a development map, and may regulate structures and uses differently in different parcels, so long as regulation of similar structures and uses is uniform within any one parcel.
  3. A plan of development may be adopted or amended only after a public hearing before the commission, at which all interested parties have an opportunity to be heard. Notice of the time, place, nature, and purpose of the public hearing shall be given to all owners of real property within the bounds of the special development district and within two hundred feet (200´) of the perimeter thereof, by registered or certified mail at least seven (7) days before the date of the hearing, and by publication of notice in a newspaper of general circulation within the city at least once each week for three (3) successive weeks prior to the date of the hearing.

History of Section. P.L. 1981, ch. 332, § 1.

Collateral References.

Zoning: residential off-street parking requirements. 71 A.L.R.4th 529.

45-24.4-10. Permit required to erect, construct, alter, repair, or demolish structure — Commission quorum and voting.

  1. Before any structure may be erected, constructed, altered, repaired, or demolished within a special development district, the person proposing the construction or other alteration shall file with the commission an application for permission to erect, construct, alter, repair, or demolish the structure, together with plans and specifications, all that may be required by regulations adopted by the commission. It is the duty of the commission to review the application, plans, and specifications, and no building permit shall be granted until the commission has acted on it. No construction or other alteration of a structure may be undertaken within a special development district without a permit.
  2. At all meetings of the commission, a majority of the commissioners is necessary and sufficient to constitute a quorum for the transaction of business, and the act of a majority of the commissioners present at any meeting at which there is a quorum is the act of the commission, except as otherwise provided by law.

History of Section. P.L. 1981, ch. 332, § 1.

Cross References.

Exceptions to application of chapter, § 45-24.4-12 .

Purposes and powers of commission, § 45-24.4-8 .

45-24.4-11. Certificate of approval or rejection of plans.

The commission shall file with the inspector of buildings or other duly delegated authority its certificate of approval or rejection of all plans submitted to it for review. No work shall begin until the certificate has been filed, but, in the case of rejection, the certificate is binding upon the inspector of buildings or other duly delegated authority, and no permit shall be issued in that case. The failure of the commission to act within forty-five (45) days from the date of application filed with it, unless an extension is mutually agreed upon by the applicant and the commission or unless the commission makes a finding of fact that circumstances require additional time for study up to a maximum of ninety (90) days, is deemed to constitute approval.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-12. Exceptions to application of chapter.

Nothing in this chapter prevents or is to be construed to prevent ordinary maintenance or repair of any structure within the special development district; nor shall anything in this chapter prevent or be construed to prevent the continuance of the use of any building or improvement for any purpose to which the building or improvement was lawfully devoted at the time of the adoption of a plan of development, or to prevent or be construed to prevent the erection, construction, alteration, repair, or demolition of any structure under a permit issued by the inspector of buildings prior to the adoption of a plan of development pursuant to this chapter.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-13. Variances, deviations, and special exceptions.

  1. Any special development district commission that adopts a plan of development pursuant to this chapter has the authority to grant variances, deviations, and special exceptions from the literal application of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner.
  2. Special exceptions to the terms of the regulations may be granted in those cases specified in the regulations, and subject to those conditions and safeguards specified therein, where the use granted by special exception is reasonably necessary for the convenience or welfare of the public and does not substantially or permanently injure the value of neighboring property.
  3. Variances may be granted where, owing to special conditions, a literal enforcement of the regulations would result in unnecessary hardship, where the variance will not be contrary to the public interest, and the spirit of the plan will be observed and substantial justice done.
  4. Deviations may be granted where the literal enforcement of the regulations relating to setbacks, build-to lines, and other area and dimensional restrictions would preclude the full enjoyment by the owner of a permitted use and amount to more than a mere inconvenience.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-14. Hearing of applications for variances, deviations, or special exceptions.

The commission shall hold a hearing on the application within a reasonable time, and give public notice and due notice of the hearing to the parties in interest and property owners within two hundred feet (200´) of the affected property. At any hearing any party may appear in person or by agent or attorney.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-15. Concurrent jurisdiction of zoning board of review.

Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise supersede the jurisdiction of the city zoning board of review over any area designated a special development district pursuant to this chapter.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-16. Appeals to superior court.

  1. Any person or persons jointly or severally aggrieved by a decision of the commission may appeal to the superior court for the county in which the municipality is situated by filing a complaint stating the reasons of appeal within twenty (20) days after the decision has been filed in the office of the commission. The commission shall file the original documents acted upon by it and constituting the record of the hearing appealed from, or certified copies of the documents, together with any other facts that may be pertinent, with the clerk of the court within ten (10) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the commission shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision being appealed, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.
  2. If, before the date set for hearing in the superior court, an application is made to the court for leave to present additional evidence before the commission, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the commission, the court may order that the additional evidence be taken before the commission upon conditions determined by the court. The commission may modify its findings and decision by reason of the additional evidence and file that evidence and any modifications, new findings, or decisions with the superior court.
  3. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the commission, and if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present evidence in open court, which evidence, along with the record shall constitute the record upon which the determination of the court is made.
  4. The court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the commission or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:
    1. In violation of constitutional, statutory, or ordinance provisions;
    2. In excess of the authority granted to the commission by statute or ordinance;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-17. Judicial aid in enforcement of plan.

  1. The supreme court and the superior court, within their jurisdictions, upon due proceedings in the name of the city instituted by its city solicitor, have power to issue any extraordinary writs or to proceed according to the course of equity or both:
    1. To restrain the erection, alteration, or use of any building, structure, or other thing erected, altered, or used in violation of the provisions of any plan adopted under the authority of this chapter, and to order its removal or abatement as a nuisance;
    2. To compel compliance with the provisions of any plan adopted under the authority of this chapter;
    3. To order the removal by the owner of any building, structure, or other thing existing in violation of any plan adopted under the provisions of this chapter, and to authorize some official of the city in default of the removal by the owner to remove it at the expense of the owner.
  2. When, under the provisions of any judgment, order, or decree, in any proceeding, any work is done or materials furnished by an official of the town or city or by the order of the official, at the expense of the owner, in removing a building, structure, or other thing unlawfully existing, the value of the work and material may be recovered in a civil action brought in the superior court against the owner, and if any work or materials have been done or furnished by or at the cost of the town or city, the official shall cause the action to be brought in the name of the city or town.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-18. Construction of chapter.

Whenever the context permits in this chapter, the use of the plural includes the singular, the singular, the plural, and the use of any gender is deemed to include all genders.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-19. Severability.

If any one or more sections, clauses, sentences, or parts of this chapter are for any reason adjudged unconstitutional or invalid in any court, the judgment does not affect, impair, or invalidate the remaining provisions of this chapter, but are confined in its operation to the specific provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, or provision of this chapter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-20. Applicability of other laws.

Any special development district commission created pursuant to this chapter will not be subject to the provisions of §§ 42-35-1 42-35-1 8. Any commission and its members will be subject to the provisions of §§ 36-14-1 36-14-19 and §§ 42-46-1 42-46-10 .

History of Section. P.L. 1981, ch. 332, § 1.

45-24.4-21. Real property transactions.

Notwithstanding any provision or provisions of the charter of any city or town to the contrary, any city or town may sell or otherwise dispose of, or lease, to any person, including, but not limited, to the state or any instrumentality of the state, for consideration (including, but not limited to, interests in other real property) and upon any other terms and conditions that may be approved by the city or town council, any interest in real property owned by the city or town land located within or adjacent to any special development district created pursuant to this chapter without complying with any provision or provisions otherwise requiring that the proposed sale, lease, or other disposition of the interest be advertised or otherwise publicized, or that the disposition be made only to the highest bidder or only for a specified minimum consideration; provided, that the city or town council has determined that the sale, lease, or other disposition is consistent with and is desirable as being in furtherance of any plan of development adopted for the special development district pursuant to this chapter. Any sale, lease, or other disposition of any interest in real property located within or adjacent to any special development district created pursuant to this chapter shall not, if made pursuant to an agreement to which the state or any instrumentality of the state is a party, is subject to the tax as may otherwise be imposed by chapter 25 of title 44.

History of Section. P.L. 1986, ch. 42, § 1.

NOTES TO DECISIONS

Summary Judgment.

Where the city presented neither sufficient facts nor argument that the conveyance of a parcel of land did not come within its corporate authority, and did not demonstrate that the conveyance to the state was ultra vires, the conveyance by the state to the plaintiff was legal, and summary judgment by the plaintiff against the city was granted. Capital Props. v. State, 749 A.2d 1069, 1999 R.I. LEXIS 222 (1999).

Chapter 24.5 Waste Water Management Districts

45-24.5-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island Septic System Maintenance Act of 1987”.

History of Section. P.L. 1987, ch. 335, § 1.

45-24.5-2. Legislative findings.

The general assembly recognizes and declares that:

Septic systems or individual subsurface disposal systems (ISDS) are prone to failure without proper maintenance. ISDS failure poses a risk to public health through the contamination of the state’s surface and underground waters. Improperly treated waste water from malfunctioning ISDS can impair or prevent the use of the state’s waters for drinking and domestic purposes, as well as swimming, wildlife habitat, boating, fishing, and other water-based recreation. In many suburban and rural areas of the state, the use of ISDS is the only practical or available means to treat waste water. Most community and individual drinking water supplies and some of the state’s prime recreational waters are located in areas that rely on ISDS. Recreational and drinking supply waters are the least tolerant of waste water contamination and, therefore, require rigorous protection. ISDS will continue, for the near term, to be the primary means of waste water treatment in many areas of the state where public and private water supplies and recreational waters exist. Therefore, to help avoid both contamination of state waters and the associated risks to the public health, and to help preserve the natural ecosystems, waste water disposal systems must be properly maintained to prevent their malfunction and/or failure.

History of Section. P.L. 1987, ch. 335, § 1.

45-24.5-3. Declaration of purpose.

The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating waste water management districts (WWMD), the boundaries of which may include all or a part of a city or town, as specified by the ordinance. These ordinances must be designated to eliminate and prevent the contamination of state waters, caused by malfunctioning individual subsurface disposal systems (ISDS), through the implementation of ISDS inspection and maintenance programs. The waste water management district ordinance programs shall be designed to operate as both an alternative to municipal sewer systems and as a method to protect surface and ground waters from contamination.

History of Section. P.L. 1987, ch. 335, § 1.

45-24.5-4. Powers of councils.

Any city or town council in the state, by itself or pursuant to chapter 43 of this title, and in accordance with the purposes of this chapter, is authorized to adopt ordinances creating waste water management districts (WWMD), which may be empowered, pursuant to the ordinance, to:

  1. Provide for the passage of district officials onto private property when necessary for the periodic inspection of septic systems.
  2. Order the maintenance and/or pumping of ISDS systems in accordance with an appropriate schedule.
  3. Raise funds for the administration, operations, contractual obligations, and services of the waste water management district by:
    1. Assessing property owners for taxes or annual fees;
    2. Borrowing, and for that purpose, by issuing bonds or notes of the city or town; and
    3. Setting rates for pumping.
  4. Hire the personnel necessary to carry out the functions of the district.
  5. Establish a public education program, which would precede the implementation of a WWMD, to make property owners aware of the proper maintenance and care of ISDS systems and the need for periodic pumping. After a WWMD has been created, an education program could remain in place to educate new residents and update members of the district on new information or procedures.
  6. Receive grants and establish a revolving fund to make available grants and low interest loans to individual property owners for the improvement, correction, or replacement of failed septic systems.
  7. Authorize and contract with independent septage haulers.
  8. Contract with other cities or towns for septage disposal through sewage treatment plants.
  9. Levy fines for noncompliance. These fines must be no greater than five hundred dollars ($500) per violation. The fines go into a dedicated fund for the purpose of operating the waste water management district. Each day of a continuing violation constitutes a separate and distinct violation.
  10. Provide for an appeal process from the decision of the WWMD under the provisions of the Rhode Island Administrative Procedures Act, chapter 35 of title 42. An aggrieved party has the right to appeal to the district court.

History of Section. P.L. 1987, ch. 335, § 1.

45-24.5-5. Powers of state agencies retained.

The department of environmental management and the department of health retain all of their existing authority regarding individual sewage disposal systems.

History of Section. P.L. 1987, ch. 335, § 1.

45-24.5-6. Connections to existing sanitary sewer lines from facilities across city and town lines.

Notwithstanding any other state or local law or regulation to the contrary, those facilities in the state of Rhode Island, except for communities on Aquidneck Island, that currently discharge wastewater from an on-site wastewater treatment and disposal system that do not have reasonable access to an available sewer within the city or town where the property is located, are hereby authorized to construct, use, operate, maintain, and repair a sanitary sewer line (and any necessary pump or lift station equipment) connecting to a neighboring city or town sanitary sewer line in lieu of continuing to utilize their existing on-site wastewater treatment and disposal, upon the following conditions:

  1. The construction, use, operation, maintenance, and repair of such sanitary sewer line shall be subject to the issuance of all required state approvals, permits, and licenses; and local approvals, permits, and licenses to the extent such local approvals, permits and licenses are not inconsistent with the foregoing authorization;
  2. The neighboring city or town sanitary line is in closer proximity to the property than the city or town sanitary line wherein the property is located;
  3. The cost to connect to the in-city or in-town sanitary sewer line is significantly greater than connection to the neighboring city or town sanitary sewer line closest to the subject property;
  4. The neighboring city or town sanitary sewer line has capacity, as determined by the host sewer authority to accept the additional flow; and
  5. Not allowing the connection would result in a potential or continuing environmental detriment.

History of Section. P.L. 2015, ch. 212, § 1; P.L. 2015, ch. 229, § 1.

Compiler’s Notes.

P.L. 2015, ch. 212, § 1, and P.L. 2015, ch. 229, § 1 enacted identical versions of this section.

Chapter 24.6 Special Economic Development Districts

45-24.6-1. Declaration of purpose.

  1. According to the United States Census Bureau estimates as of 2015, Rhode Island ranks second among the fifty (50) states in terms of population density. Notwithstanding this, there exists within the various municipalities of the state, certain large tracts of developable or blighted state-owned land, which areas represent in and of themselves and are often contiguous with areas of vital economic importance to the state. In light of this, the state declares that these tracts of state-owned land, and more specifically those tracts that are twenty (20) or more contiguous acres in size, are important state assets which require the coordination of federal, state, local, or private action to efficiently make use of these lands.
  2. It is further declared that coordination is paramount to development as time delays, redundant approvals, and local eccentricities often impede development projects.
  3. It is further declared that there is a statewide need for coordinated attention to and supervision of the development of these areas for the purpose of education, enjoyment, and welfare of the general public, the promotion of commercial and economic development, the attraction to our state of appropriate business, industrial, and tourist trade, resources, and investment, the development of an attractive environment that fosters the social welfare and health of the public.
  4. It is further declared that the developmental tools presently available to municipalities in the state do not contain sufficient flexibility to address the unique problems arising from the projects and to govern comprehensive and coordinated development of areas subject to these projects consistently with the previously-declared public needs and purposes. Proper development of these areas, consistent with the general welfare, may require designation of special land-use districts and special land-use controls, which may be more stringent or more flexible than existing zoning, planning, and other developmental tools, and the adoption, implementation, and administration of a plan that establishes a framework for development including detailed design and development criteria, regulations, and enforcement procedures.
  5. It is further declared that the most efficient and effective method to further the previously declared public policy of the state to encourage the appropriate, comprehensive, and coordinated development of these properties is to permit the creation of special economic development districts in the municipalities of the state and the creation of special economic development district commissions to adopt, implement, and administer plans of development that establish and enforce design and development criteria and regulations for the development of these areas.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-2. Short title.

This chapter may be known and may be cited as the “Rhode Island Special Economic Development District Enabling Act.”

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-3. Definitions.

As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

  1. “Certificate of approval” means the document issued by a special economic development district commission approving an application for construction, erection, alteration, demolition, or use of a structure or land within the special economic development district, and pursuant to which a building permit may be issued.
  2. “Certificate of rejection” means the document issued by a special economic development district commission rejecting an application for construction, erection, alteration, demolition, or use of a structure or land within a special economic development district.
  3. “Commission” means a special economic development district commission or independent public instrumentality authorized by the general assembly and empowered by this chapter.
  4. “Contiguous acres” means tracts or parcels of land that abut or connect without excepting therefrom streams, ponds, rivers, roads, bridges, or other types of paths or rights of way.
  5. “Development map” means a map of a special economic development district that shows the parcels into which the district may have been divided according to the plan of development.
  6. “District” means any developable or blighted state-owned tracts or parcels of land, which at its creation, aggregation and/or acquisition by a state agency or instrumentality consists of or consisted of twenty (20) or more contiguous acres in size.
  7. “Permit” means a building permit issued by a duly licensed building inspector.
  8. “Person” means a natural person or any other legal entity, including, but not limited to, a corporation, firm, partnership, or trust.
  9. “Plan of development” or “plan” means a plan, including design and development criteria and regulations, for the development of a special economic development district adopted by a special economic development district commission pursuant to this chapter.
  10. “Regulations” means the rules regulating the construction, erection, alteration, demolition, or use of a structure or land within a special development district adopted by a special economic development commission pursuant to a plan of development.
  11. “Special economic development district” means an area of a municipality or municipalities that has been or will be established, designated, laid out, or defined by the general assembly, including, but not limited to, independent public instrumentalities created by the general assembly.
  12. “Structure” means a building or anything that is constructed or erected and that requires location on the ground or attachment to something located on the ground.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-4. Special economic development districts authorized.

  1. For the purposes stated in § 45-24.6-1 , the general assembly may, by statute, establish, designate, lay out, and define, as special economic development districts, areas that are, may be or have been the subject of, or substantially affected by combined federal, state, local, or private action, in the same manner as municipalities are presently empowered to establish, designate, lay out, and define zoning districts, and which lands are developable or blighted state-owned tracts or parcels of land, and which, at the time of the creation of the district, consist of twenty (20) or more contiguous acres in size. Properties owned or controlled by the department of environmental management shall not be subject to the provisions of this chapter.
  2. The boundaries of a special economic development district established, designated, laid out, and defined according to the provisions of this chapter, may be amended only by an act of the general assembly.
  3. The powers of the district to achieve the purposes of this chapter shall be exercised by a commission as herein provided as a public corporation and instrumentality of the state, to adopt, implement, and administer a plan of development.

    Each district commission shall consist of seven (7) voting members. The governor of the state of Rhode Island shall appoint, with the advice and consent of the senate, the seven (7) voting members of the commission. The commission shall have the sole authority to adopt, implement, and administer a plan of development for the special economic development district.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-5. Powers of commission.

A special economic development district commission established under this chapter shall have all powers necessary and incidental to the adoption, implementation, and administration of a plan of development, and any other powers that the general assembly may grant in the creation of the commission.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-6. Adoption of special development district plan — Regulation of structures and uses — Notice.

  1. A special economic development district commission shall adopt a plan of development. Any plan of development adopted by a special economic development district commission pursuant to this chapter may regulate and restrict, by means of regulations duly adopted by the commission, the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within the special economic development district in a uniform, consistent, and nondiscriminatory manner that is rationally related to the purposes of this chapter. The plan may include regulations relating to allowable land uses; the location and use of buildings; street systems; dimensional, height, and area coverage requirements; setbacks and build-to lines; frontage; parking requirements; landscaping; pedestrian travel; signs; design review; open spaces; and population density.
  2. Pursuant to the plan of development, the commission may divide the special economic development district into several parcels as indicated on a development map, and may regulate structures and uses differently in different parcels, so long as regulation of similar structures and uses is uniform within any one parcel.
  3. A plan of development may be adopted or amended only after a public hearing before the commission, at which all interested parties have an opportunity to be heard. Notice of the time, place, nature, and purpose of the public hearing shall be given to all owners of real property within the bounds of the special economic development district and within two hundred feet (200´) of the perimeter thereof, by registered or certified mail at least seven (7) days before the date of the hearing, and by publication of notice in a newspaper of general circulation within the municipality at least once each week for three (3) successive weeks prior to the date of the hearing.
  4. The municipality shall not have concurrent jurisdiction over the special economic development district.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-7. Permit required to erect, construct, alter, repair, or demolish structure — Commission quorum and voting.

  1. Before any structure may be erected, constructed, altered, repaired, or demolished within a special economic development district, the person proposing the construction or other alteration shall file with the commission an application for permission to erect, construct, alter, repair, or demolish the structure, together with plans and specifications, all that may be required by regulations adopted by the commission. It is the duty of the commission to review the application, plans, and specifications, and no building permit shall be granted until the commission has acted on it. No construction or other alteration of a structure may be undertaken within a special development district without a permit. The commission may, by regulation, coordinate permit approvals with state building officials and fire marshals, city or town officials, or duly qualified independent staff or consultants.
  2. Nothing in this chapter prevents, or is to be construed to prevent, ordinary maintenance or repair of any structure within the special economic development district; nor shall anything in this chapter prevent, or be construed to prevent, the continuance of the use of any building or improvement for any purpose to which the building or improvement was lawfully devoted at the time of the adoption of a plan of development, or to prevent or be construed to prevent the erection, construction, alteration, repair, or demolition of any structure under a permit issued by the inspector of buildings prior to the adoption of a plan of development pursuant to this chapter.
  3. At all meetings of the commission, a majority of the commissioners is necessary and sufficient to constitute a quorum for the transaction of business, and the act of a majority of the commissioners present at any meeting at which there is a quorum is the act of the commission, except as otherwise provided by law.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-8. Variances, deviations, and special exceptions.

  1. Any commission that adopts or has adopted a plan conforming to this chapter has the authority to grant variances, deviations, and special exceptions of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner:
    1. Special exceptions to the terms of the regulations may be granted in those cases specified in the regulations, and subject to those conditions and safeguards specified therein, where the use granted by special exception is reasonably necessary for the convenience or welfare of the public and does not substantially or permanently injure the value of neighboring property.
    2. Variances may be granted where, owing to special conditions, enforcement of the regulations would result in unnecessary hardship, where the variance will not be contrary to the public interest, and the spirit of the plan will be observed and substantial justice done.
    3. Deviations may be granted where the enforcement of the regulations relating to setbacks, build-to lines, and other area and dimensional restrictions would preclude the full enjoyment by the owner of a permitted use and amount to more than a mere inconvenience.
  2. The commission shall hold a hearing on the application within a reasonable time, and give public notice and due notice of the hearing to the parties in interest and property owners within two hundred feet (200´) of the affected property. At any hearing any party may appear in person or by agent or attorney.
  3. Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise supersede the jurisdiction of the commission regarding any area designated a special development district pursuant to this chapter.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-9. Appeals to superior court.

  1. Any person or persons jointly or severally aggrieved by a decision of the commission may appeal to the superior court for the county in which the special economic development district is situated by filing a complaint stating the reasons of appeal within twenty (20) days after the decision has been filed in the office of the commission. The commission shall file the original documents acted upon by it and constituting the record of the hearing appealed from, or certified copies of the documents, together with any other facts that may be pertinent, with the clerk of the court within ten (10) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the commission shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision being appealed, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.
  2. If, before the date set for hearing in the superior court, an application is made to the court for leave to present additional evidence before the commission, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the commission, the court may order that the additional evidence be taken before the commission upon conditions determined by the court. The commission may modify its findings and decision by reason of the additional evidence and file that evidence and any modifications, new findings, or decisions with the superior court.
  3. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the commission, and if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present evidence in open court, which evidence, along with the record shall constitute the record upon which the determination of the court is made.
  4. The court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the commission or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:
    1. In violation of constitutional, statutory provisions;
    2. In excess of the authority granted to the commission by statute;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-10. Construction of chapter.

Whenever the context permits in this chapter, the use of the plural includes the singular, the singular, the plural, and the use of any gender is deemed to include all genders.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-11. Severability.

If any one or more sections, clauses, sentences, or parts of this chapter are for any reason adjudged unconstitutional or invalid in any court, the judgment does not affect, impair, or invalidate the remaining provisions of this chapter, but are confined in its operation to the specific provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, or provision of this chapter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

45-24.6-12. Applicability of other laws.

  1. Any special economic development district commission created pursuant to this chapter will not be subject to the provisions of §§ 42-35-1 through 42-35-18 . Any commission and its members will be subject to the provisions of §§ 36-14-1 through 36-14-21 , §§ 38-2-1 through 38-2-16 , and §§ 42-46-1 through 42-46-1 4.
  2. In the event of a conflict between the provisions of this chapter and any other provisions of the general laws governing the powers of any other district commission created by or pursuant to the general laws, including, but not limited to, the I-195 redevelopment district established pursuant to chapter 64.14 of title 42, the provisions of this chapter shall prevail. The provisions of this chapter shall also prevail over any district commissions established by legislation promulgated after July 5, 2019, unless specifically exempted by that legislation.

History of Section. P.L. 2019, ch. 88, art. 12, § 8.

Chapter 25 City Housing Authorities

45-25-1. Short title.

Chapters 25 — 27 of this title may be referred to as the “Housing Authorities Law”.

History of Section. P.L. 1935, ch. 2255, § 1; G.L. 1938, ch. 344, § 1; G.L. 1956, § 45-25-1 .

Comparative Legislation.

Housing authorities:

Conn. Gen. Stat. §§ 8-38 — 8-104.

Mass. Ann. Laws ch. 121B, § 3 et seq.

Collateral References.

Constitutionality, construction, and application of statutes or governmental projects for improvement of housing conditions. 130 A.L.R. 1069; 172 A.L.R. 966.

45-25-2. Declaration of necessity.

It is declared that:

  1. Unsanitary or unsafe dwelling accommodations exist in various cities of the state, and that these unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor condition of the buildings, improper planning, excessive land coverage, lack of proper light, air and space, unsanitary design and arrangement, lack of proper sanitary facilities, and the existence of conditions which endanger life or property by fire and other causes; that in all these cities many persons of low income are forced to reside in unsanitary or unsafe dwelling accommodations;
  2. In various cities there is a lack of safe or sanitary dwelling accommodations available to all the inhabitants, and that consequently many persons of low income are forced to occupy overcrowded and congested dwelling accommodations;
  3. These conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values; that these conditions cannot be remedied by the ordinary operations of private enterprises;
  4. The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired;
  5. It is in the public interest that work on these projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency; and
  6. The necessity in the public interest for the provision enacted by these chapters, is declared a matter of legislative determination.

History of Section. P.L. 1935, ch. 2255, § 2; G.L. 1938, ch. 344, § 2; G.L. 1956, § 45-25-2 .

Cross References.

Application to towns in state, § 45-26-1 .

NOTES TO DECISIONS

In General.

In light of federal and state policy as expressed in this section, housing authority’s failure to present a reasonable site acquisition plan for federally-funded low income housing was not excused by political opposition to the authority and the project. Silva v. East Providence Housing Authority, 423 F. Supp. 453, 1976 U.S. Dist. LEXIS 12437 (D.R.I. 1976).

Legislative Intent.

General purpose of statute is by means of federal funds to acquire land and erect suitable houses for families with low incomes. Jackvony v. Berard, 66 R.I. 290 , 18 A.2d 889, 1941 R.I. LEXIS 29 (1941).

Provide Security.

The providing of security within and by a housing authority was proprietary in nature; thus, an authority could be held liable for prejudgment interest on a judgment arising from injuries sustained by a claimant on housing authority premises. Housing Auth. v. Oropeza, 713 A.2d 1262, 1998 R.I. LEXIS 214 (1998).

45-25-3. Definitions.

The following terms, wherever used or referred to in chapters 25 — 27 of this title, have the following respective meanings, unless a different meaning clearly appears from the context:

  1. “Authority” or “housing authority” means a public body and a body corporate and politic, organized in accordance with the provisions of chapters 25 and 26 of this title for the purposes, with the powers, and subject to the restrictions established in chapters 25 and 26 of this title.
  2. “Bonds” means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to chapters 25 — 27 of this title.
  3. “City” means a city, the boundaries of which are or are about to be coterminous with the territorial boundaries of an authority when created hereunder.
  4. “City clerk and mayor” means, in the case of a city, the clerk and mayor, of the city, or the officers charged with the duties customarily imposed on the clerk and mayor.
  5. “Commissioner” means one of the members of an authority appointed in accordance with the provisions of chapters 25 and 26 of this title.
  6. “Community facilities” includes real and personal property, and buildings and equipment for recreational or social assemblies, for educational, health or welfare purposes, and necessary utilities, when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations.
  7. “Contract” means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond, or other instrument.
  8. “Council” means, in the case of a city, the council or other body charged with governing the city.
  9. “Federal government” includes the United States of America, the Federal Public Housing Administration or any agency, instrumentality, corporate or otherwise, of the United States of America.
  10. “Government” includes the state and federal governments and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
  11. “Housing project” includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking to: (i) demolish, clear, remove, alter, or repair unsanitary or unsafe housing, and/or (ii) provide safe and sanitary dwelling accommodations for persons of low income. The term “housing project” may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith.
  12. “Mortgage” includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof.
  13. “Municipality” means any city, town or incorporated village, other than the city as defined in subsection (3) of this section, which is located within the territorial boundaries of an authority.
  14. “Obligee of the authority” or “obligee” includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor’s interest or any part thereof, and the United States of America, when it is a party to any contract with the authority.
  15. “Real property” includes lands, lands under water, structures, and any and all easements, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.
  16. “State” means the state of Rhode Island.
  17. “State public body” means any city, town, municipal corporation, commission, district, authority, or other subdivision or public body of the state.
  18. “Trust indenture” includes instruments pledging the revenues of real or personal properties but not conveying those properties or conferring a right to foreclose and cause a sale thereof.

History of Section. P.L. 1935, ch. 2255, § 3; G.L. 1938, ch. 344, § 3; P.L. 1939, ch. 726, § 1; G.L. 1956, § 45-25-3 .

Compiler's Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

Cross References.

Application to eminent domain chapter, § 45-29-1 .

45-25-4. Petition for establishment of authority — Notice of hearing.

Any twenty-five (25) residents of a city may file a petition with the city clerk stating that there is a need for an authority to function in the city. Upon the filing of the petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city. The notice shall be given at the city’s expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city or, if there is no newspaper, by posting a notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held.

History of Section. P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-4 .

45-25-5. Hearing on petition for establishment.

  1. Upon the date fixed for the hearing held upon notice as provided in this section, an opportunity to be heard is granted to all residents and taxpayers of the city and to all other interested persons. After the hearing, the council shall determine:
    1. Whether unsanitary or unsafe inhabited dwelling accommodations exist in the city, and/or
    2. Whether there is a lack of safe or sanitary dwelling accommodations in the city available for all the city’s inhabitants.
  2. In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following: (1) the physical conditions and age of the building; the degree of overcrowding; (2) the percentage of land coverage; (3) the light and air available to the inhabitants of those dwelling accommodations; (4) the size and arrangement of the rooms; (5) the sanitary facilities; and (6) the extent to which conditions exist in those buildings which endanger life or property by fire or other causes.

History of Section. P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-5 .

45-25-6. Denial of petition for establishment of authority.

If the council, after a hearing as provided in § 45-25-5 , determines that neither of the conditions enumerated in § 45-25-5 exist, it shall adopt a resolution denying the petition. After three (3) months have expired from the date of the denial of the petitions, subsequent petitions may be filed as previously stated, and new hearings and determinations made.

History of Section. P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-6 .

45-25-7. Establishment and incorporation of authority.

  1. If it determines that either or both of the conditions enumerated in § 45-25-5 exist, the council shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall cause notice of the determination to be given to the mayor, who shall thereupon appoint, as provided in this section five (5) commissioners to act as an authority. The commission shall be a public body and a body corporate and politic upon the completion of the taking of the following proceedings:
  2. The commissioners shall present to the secretary of state an application signed by them, which must state (without any detail other than the mere recital):
    1. That a notice has been given and public hearing held as provided in § 45-25-5 , that the council determined the validity of the petition after the hearing, and that the mayor has appointed them as commissioners;
    2. The name, and official residence, of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter;
    3. The term of office of each of the commissioners;
    4. The name which is proposed for the corporation; and
    5. The location of the principal office of the proposed corporation.
  3. The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that he or she personally knows the commissioners and knows them to be the officers as asserted in the application, and that each is subscribed and sworn thereto in the officer’s presence. The secretary of state shall examine the application, and if the secretary finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary shall receive and file it and record it in an appropriate book of record in the secretary’s office.

History of Section. P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-7 .

Cross References.

Application to towns in state, § 45-26-5 .

45-25-8. Corporate powers of authority.

  1. When the application has been made, filed, and recorded, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners, a certificate of incorporation pursuant to this chapter, under the seal of the state, and record the certificate of incorporation with the application.
  2. The boundaries of the authority shall be coterminous with the territorial boundaries of the city.

History of Section. P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-8 .

Cross References.

Extraterritorial powers of housing authorities, §§ 45-28-1 45-28-4 .

45-25-9. Certificate as evidence of incorporation.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate, duly certified by the secretary of state, is admissible in evidence in the suit, action or proceeding, and is conclusive proof of the filing and contents.

History of Section. P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-9 .

45-25-10. Appointment and terms of commissioners — Compensation, organization, and personnel.

  1. An authority consists of five (5) commissioners appointed by the mayor and he or she shall designate the first chairperson; provided, that the housing authority of the city of Providence consists of eleven (11) commissioners who are residents of the city of Providence, and the housing authority of the city of Woonsocket shall consist of seven (7) members, two (2) of whom shall be occupants of public housing. At all times, three (3) of the commissioners must be occupants of public housing, which commissioners shall be appointed from a list of nominees chosen yearly by the occupants of public housing in open elections, each housing project choosing three (3) nominees from among its occupants. Upon the determination of the appointing authority that any commissioner has not been an occupant of public housing or not a resident of the city of Providence for a period of six (6) consecutive months, the appointing authority shall remove the commissioner and designate a person to fill the resultant vacancy; provided, that the mayor choose the replacement from the list of nominees chosen yearly by the occupants of public housing when appropriate. No commissioner may be a city or state official; provided, that members of the housing authority of the city of Providence may serve on the city council.
  2. The commissioners who are first appointed shall be designated by the mayor to serve for terms of one, two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment. Four (4) additional commissioners for the housing authority for the city of Providence shall be designated by the mayor to serve terms of one, two (2), three (3), and four (4) years, respectively, from the date of their appointment. The two (2) additional commissioners for the city of Woonsocket shall be designated by the mayor to serve terms of one and two (2) years respectively. Thereafter, the term of office shall be five (5) years. Two (2) additional commissioners for the housing authority of the city of Providence shall be members of the city council elected by the city council from its councilmanic members to serve for a term ending the first Monday in January, 1975, and, thereafter, elected for a term of four (4) years. A commissioner shall hold office until his or her successor has been appointed, or elected, and has qualified. Vacancies shall be filled for the unexpired term. Three (3) commissioners constitute a quorum except that six (6) commissioners of the housing authority of the city of Providence constitute a quorum and four (4) commissioners of the housing authority of the city of Woonsocket shall constitute a quorum.
  3. The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. A commissioner of the city of Providence shall only receive twenty-five dollars ($25.00) per meeting, but not in excess of twelve hundred dollars ($1,200) per year as compensation for his or her services, and the commissioner is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties, the compensation and expenses to be paid by the municipality of Providence; provided, that a commissioner of the city of Pawtucket receives one thousand two hundred dollars ($1,200) per year and is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties, to be paid by the city of Pawtucket; provided, that a commissioner of the city of Central Falls receives twenty-five dollars ($25.00) per meeting, but not in excess of five hundred dollars ($500) per year, as compensation for his or her services, and the commissioner is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties, to be paid by the city of Central Falls.
  4. Effective January 1, 1988, and thereafter, a commissioner of the city of Warwick receives one thousand five hundred dollars ($1,500) per year, and the chairperson of the Warwick housing authority receives one thousand seven hundred dollars ($1,700) per year for their services to be paid by the city of Warwick.
  5. When the office of the first chairperson of the authority becomes vacant, the authority shall select a chairperson from among its members. An authority shall select from its members a vice chairperson, and it may employ a secretary (who shall be executive director), technical experts, and other officers, agents, and employees, permanent and temporary, that it may require, and shall determine their qualifications, duties, and compensation. An authority may call upon the city solicitor or chief law officer of the city for legal services, as it may require, or it may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees the powers or duties that it deems proper.

History of Section. P.L. 1935, ch. 2255, § 5; G.L. 1938, ch. 344, § 5; G.L. 1956, § 45-25-10 ; P.L. 1970, ch. 253, § 1; P.L. 1972, ch. 218, § 1; P.L. 1975, ch. 108, § 1; P.L. 1978, ch. 39, § 1; P.L. 1979, ch. 67, § 1; P.L. 1983, ch. 311, § 1; P.L. 1988, ch. 44, § 1; P.L. 1988, ch. 594, § 1; P.L. 2002, ch. 23, § 1; P.L. 2016, ch. 247, § 1; P.L. 2016, ch. 264, § 1.

Compiler’s Notes.

P.L. 2016, ch. 247, § 1, and P.L. 2016, ch. 264, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Appointment.

The certificate issued by the mayor is conclusive evidence of proper appointment of commissioner, but there must first be a vacancy in office brought about by proper and legal removal of an incumbent. Jackvony v. Berard, 66 R.I. 290 , 18 A.2d 889, 1941 R.I. LEXIS 29 (1941).

Qualifications.

Constitutional provision requiring civil officer to be a qualified elector for such office did not apply to commissioner of housing authority since he did not individually discharge any substantial part of the sovereign power of the city of Pawtucket. State ex rel. Costello v. Powers, 80 R.I. 390 , 97 A.2d 584, 1953 R.I. LEXIS 81 (1953).

Standing to Sue.

City housing authorities, created by this statute, are basically different from municipal corporations since they exercise both municipal and federal powers, have a dual public and private character, and are not created for political purposes nor strictly as instruments of government for its own use or subject to its complete control; therefore, such housing authorities are persons within the meaning of the 14th Amendment, U.S. Const., and as such have standing to challenge the constitutionality of a state statute under the due process and equal protection clauses. Housing Auth. v. Fetzik, 110 R.I. 26 , 289 A.2d 658, 1972 R.I. LEXIS 874 (1972).

45-25-10.1. Present appointments unaffected.

Nothing contained in § 45-25-10 shall in any way alter any other part or provision of this title, chapter, or section, or any appointments heretofore or hereafter made thereunder, all of which remain in full force and effect.

History of Section. P.L. 1972, ch. 218, § 2.

45-25-10.2. City of Newport housing authority.

Notwithstanding the provisions of § 45-25-10 , commencing September 1, 1994 the housing authority of the city of Newport is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of Newport. Each shall be appointed for a four (4) year term by the mayor who shall make the appointments from a list of persons nominated by the residents. The residents of each public housing facility shall by election nominate two (2) residents of that facility to the list every four (4) years, and the residents so elected to the housing authority shall each serve for four (4) years; provided, that no member of the housing authority shall serve more than three (3) consecutive four (4) year terms.

History of Section. P.L. 1994, ch. 296, § 1; P.L. 1994, ch. 323, § 1; P.L. 1997, ch. 235, § 1; P.L. 1997, ch. 323, § 1.

45-25-10.3. City of Cranston housing authority.

Notwithstanding the provisions of § 45-25-10 , commencing January 1, 2001, the housing authority of the city of Cranston is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of Cranston. Each shall be appointed for a three (3) year term by the mayor who shall make the appointments from a list of persons nominated from the residents. The residents of each public housing facility shall by election nominate two (2) residents of that facility to the list every three (3) years, and the residents so elected to the housing authority shall each serve for three (3) years; provided, that no member of the housing authority shall serve more than three (3) consecutive three (3) year terms.

History of Section. P.L. 2000, ch. 94, § 1; P.L. 2000, ch. 517, § 1.

45-25-10.4. City of East Providence housing authority.

Notwithstanding the provisions of § 45-25-10 , commencing September 1, 2000, the housing authority of the city of East Providence is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of East Providence. Each shall be appointed for a three (3) year term by the mayor who shall make the appointments from a list of persons submitted to the mayor by the executive director of the housing authority. The list shall contain no fewer than eight (8) nominees, with no fewer than two (2) nominees to be from any one public housing authority site. If fewer than eight (8) nominees wish to be considered for appointment, the mayor may select only one from residents of public housing facilities. The list shall be submitted to the mayor for appointment every three (3) years, and the residents appointed as housing authority commissioners shall serve a term of three (3) years, provided that no commissioner shall serve more than three (3) consecutive three (3) year terms. The method of selection of the residents to the list shall be determined by the mayor. If any resident commissioner no longer lives in public housing, his or her office shall be deemed vacated.

History of Section. P.L. 2000, ch. 308, § 1; P.L. 2000, ch. 401, § 1.

45-25-10.5. City of Woonsocket housing authority.

Notwithstanding the provisions of § 45-25-10 , commencing January 1, 2002 the housing authority of the city of Woonsocket is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities and/or recipients of the authority’s Section 8 tenant based program in the city of Woonsocket. Each shall be appointed for a four (4) year term by the mayor, who shall make the appointments from a list of interested residents of the public housing facilities and/or recipients of the authority’s Section 8 tenant based program in the city of Woonsocket as submitted by the executive director. The method of selection of the residents to the list shall be determined by the mayor. If any resident commissioner no longer lives in public housing and/or is no longer a recipient of the authority’s Section 8 tenant based program in the city of Woonsocket, his or her office shall be deemed vacated.

History of Section. P.L. 2002, ch. 99, § 1.

45-25-10.6. City of Pawtucket housing authority.

Notwithstanding the provisions of § 45-25-10 , commencing March 1, 2012, the housing authority of the city of Pawtucket is expanded in size from five (5) members to seven (7) members. Said additional members shall be appointed by the mayor to serve for terms of four (4) and five (5) years, respectively from the date of their appointment. Two (2) of the seven (7) members shall be residents under an existing lease of a public housing facility or resident under an existing lease who is being assisted under the Housing Choice Voucher (Section 8) tenant based program in the city of Pawtucket and be at least eighteen (18) years of age. Said residents shall be appointed for a five (5) year term by the mayor who shall make the appointment from a list of persons submitted to the mayor by the executive director of the housing authority. The list shall contain no fewer than four (4) nominees. If fewer than four (4) nominees wish to be considered for appointment, the mayor may select one resident from the number of nominees who wish to be considered. The method of selection of the residents to the list shall be determined by the mayor. If said resident member no longer lives in public housing, his or her office shall be deemed vacated.

History of Section. P.L. 2012, ch. 30, § 1; P.L. 2012, ch. 36, § 1.

Compiler’s Notes.

P.L. 2012, ch. 30, § 1, and P.L. 2012, ch. 36, § 1 enacted identical versions of this section.

Collateral References.

Application of 24 C.F.R. § 982.551 Enumerating Obligations of Participant Family Under Housing Choice Voucher Program. 24 A.L.R. Fed. 3d Art. 7 (2017).

45-25-11. Validation of prior proceedings.

All procedures by governing bodies of cities of this state and by housing authorities dealing with the creation and establishment of housing authorities undertaken before April 15, 1940, pursuant to this chapter, are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any legal defect in those procedures.

History of Section. P.L. 1940, ch. 918, § 1; G.L. 1956, § 45-25-11 .

45-25-12. Compliance with laws and contractual obligations.

The authority and its commissioners are under a statutory duty to comply or to cause compliance strictly with all provisions of chapters 25 — 27 of this title and the laws of the state, and in addition, with each and every term, provision, and covenant in any contract of the authority on its part to be kept or performed.

History of Section. P.L. 1935, ch. 2255, § 6; G.L. 1938, ch. 344, § 6; G.L. 1956, § 45-25-12 .

45-25-13. Interest of commissioners or employees in property.

No commissioner or employee of an authority shall acquire any interest, direct or indirect, in any housing project or in any property, included or planned to be included, in any project, nor shall he or she have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If any commissioner or employee of an authority owns or controls an interest direct or indirect in any property, included or planned to be included, in any housing project, that person shall immediately disclose the interest, in writing, to the authority and the disclosure shall be entered upon the minutes of the authority. Failure to disclose the interest constitutes misconduct in office.

History of Section. P.L. 1935, ch. 2255, § 7; G.L. 1938, ch. 344, § 7; G.L. 1956, § 45-25-13 .

NOTES TO DECISIONS

Services Included.

The services intended to be included in the application of this section are those concerned with the everyday operation of a project such as garbage removal, rubbish removal, maintenance services, and similar endeavors and do not include the services which a banking institution might provide for a housing authority. Lawrence v. Calin, 104 R.I. 373 , 244 A.2d 570, 1968 R.I. LEXIS 656 (1968).

What Constitutes Interest.

This section was not violated by a commissioner’s employment by a bank seeking to become a depository for funds of the authority and to make loans without disclosing such employment and having it entered on the minutes of the authority. Lawrence v. Calin, 104 R.I. 373 , 244 A.2d 570, 1968 R.I. LEXIS 656 (1968).

The fact that petitioner, while housing commissioner, also did accounting work for publicly funded senior citizens’ center and permitted fellow commissioner, a retired senior citizen, to perform various compensated duties for the senior citizens’ center, did not constitute a conflict of interests and was not grounds for removal from office. Centazzo v. Canna, 110 R.I. 507 , 293 A.2d 904, 1972 R.I. LEXIS 946 (1972).

45-25-14. Removal of commissioners from office.

  1. The mayor and/or town council may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner has been given a copy of the charges against him or her (which may be made by the mayor) at least ten (10) days prior to the hearing and has an opportunity to be heard in person or by counsel. Any obligee of the authority may file with the mayor and/or town council written charges that the authority is willfully violating any law of the state or any term, provision or covenant in any contract to which the authority is a party. The mayor and/or town council shall give each of the commissioners a copy of the charges at least ten (10) days prior to the hearing and an opportunity to be heard in person or by counsel, and shall, within fifteen (15) days after receipt of the charges, remove any commissioners of the authority who is found to have acquiesced in any willful violation; provided, that nothing in this section prevents the mayor of any city or the town council of any town from suspending a commissioner from his or her office and duties pending the removal hearing.
  2. A commissioner is deemed to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision, or covenant contained in a contract to which the authority is a party, if, before a hearing is held on the charges against him or her, he or she has not have filed a written statement with the authority of his or her objections to, or lack of participation in the violation.
  3. In the event of the removal of any commissioner, the mayor and/or town council shall file in the office of the city clerk a record of the proceedings together with the charges made against the commissioners and the findings.

History of Section. P.L. 1935, ch. 2255, § 8; G.L. 1938, c. 344, § 8; G.L. 1956, § 45-25-14 ; P.L. 1971, ch. 127, § 1.

NOTES TO DECISIONS

Cause for Removal.

Casual talks between individual commissioners outside of regular meetings, or investigations by commissioner for own satisfaction, do not amount to exclusion of a commissioner from deliberations of commission so as to be malfeasance justifying discharge under this statute. Jackvony v. Berard, 66 R.I. 290 , 18 A.2d 889, 1941 R.I. LEXIS 29 (1941).

Acts of a commissioner in seeking to have the funds of the authority deposited in the bank by which he was employed, carrying the sealed bid of such bank to the commission, and conferring with his fellow commissioners relative to the removal of the executive director of the housing authority did not constitute misconduct in office within the meaning of this section. Lawrence v. Calin, 104 R.I. 373 , 244 A.2d 570, 1968 R.I. LEXIS 656 (1968).

Information as to Nature of Offense.

A charge of misconduct of commissioner, though couched in the language of the statute, is not sufficient if the language used does not inform the commissioner of the nature of the offense of which he is accused, and the commissioner is entitled to a bill of particulars before proceeding to trial on the charge. Brassard v. McCarthy, 83 R.I. 479 , 120 A.2d 325, 1956 R.I. LEXIS 5 (1956).

Commissioner charged with misconduct in language of the statute, who insisted that the trial be postponed until the commissioner was given a statement of the charge, in effect requested a bill of particulars so that when mayor proceeded with the trial without giving the statement requested, the removal was invalid. Brassard v. McCarthy, 83 R.I. 479 , 120 A.2d 325, 1956 R.I. LEXIS 5 (1956).

Proceedings in Nature of Quo Warranto.

Removal of commissioner on charge of misconduct, which was invalid due to the fact that the commissioner was not given a statement of the charge prior to trial, resulted in no legal vacancy and removed commissioner was still entitled to the office as against the claim of the person appointed following said removal. Powers ex rel. Brassard v. Brunelle, 83 R.I. 485 , 120 A.2d 328, 1956 R.I. LEXIS 6 (1956).

— Burden of Proof.

In proceedings in equity in nature of quo warranto, petitioners had burden of establishing that they were illegally removed from office and that they were legally entitled thereto. Jackvony v. Berard, 66 R.I. 290 , 18 A.2d 889, 1941 R.I. LEXIS 29 (1941).

— Weight of Evidence.

Mayor’s discharge of housing authority commissioners for malfeasance was reversed in proceeding in equity in nature of quo warranto where vague charges and facts did not substantiate charges, since supreme court in such proceedings can weigh the evidence. Jackvony v. Berard, 66 R.I. 290 , 18 A.2d 889, 1941 R.I. LEXIS 29 (1941).

45-25-15. Powers of authority enumerated.

  1. An authority constitutes a public body and a body corporate and politic, exercising public powers, and has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of chapters 25 — 27 of this title, including the following powers in addition to others granted in this chapter:
    1. To investigate into living, dwelling, and housing conditions and into the means and methods of improving these conditions;
    2. To determine where unsafe, or unsanitary dwelling or housing conditions exist;
    3. To study and make recommendations concerning the plan of any city or municipality located within its boundaries in relation to the problem of clearing, replanning, and reconstruction of areas in which unsafe, or unsanitary dwelling or housing conditions exist, and the providing of dwelling accommodations for persons of low income, and to cooperate with any city, municipal or regional planning agency;
    4. To prepare, carry out, and operate housing projects;
    5. To provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part of it;
    6. To take over by purchase, lease, or otherwise, any housing project located within its boundaries undertaken by any government, or by any city or municipality located in whole or in part within its boundaries;
    7. To manage as agent of any city or municipality any housing project located in whole or in part within its boundaries;
    8. To act as agent for the federal government in connection with the acquisition, construction, operation, and/or management of a housing project or any part of it;
    9. To arrange with any city or municipality located in whole or in part within its boundaries or with a government for the furnishing, planning, replanning, installing, opening or closing of streets, roads, roadways, alleys, sidewalks, or other places or facilities or for the acquisition by the city, municipality, or, a government of property, options, or property rights, or for the furnishing of property or services in connection with a project;
    10. To arrange with the state, its subdivisions and agencies, and any county, city, town, or municipality of the state, to the extent that it is within the scope of each of their respective functions, (i) to cause the services customarily provided by each of them to be rendered for the benefit of the housing authority and/or the occupants of any housing projects, (ii) to provide and maintain parks and sewage, water, and other facilities adjacent to or in connection with housing projects, and (iii) to change the city or municipality map, to plan, replan, zone, or rezone any part of the city or municipality;
    11. To lease or rent any of the dwelling or other accommodations or any of the lands, buildings, structures, or facilities embraced in any housing project and to establish and revise the rents or charges for the project; to enter upon any building or property in order to conduct investigations or to make surveys or soundings;
    12. To purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any property real or personal or any interest therein from any person, firm, corporation, city, municipality, or government;
    13. To acquire any real property, including improvements and fixtures to this property; to sell, exchange, transfer, assign, or pledge any property real or personal or any interest to this property to any person, firm, corporation, municipality, city, or government;
    14. To own, hold, clear, and improve property;
    15. To insure or provide for the insurance of the property or operations of the authority against risks as the authority may deem advisable;
    16. To procure insurance or guaranties from the federal government of the payment of any debts or parts of debts secured by mortgages made or held by the authority on any property included in any housing project;
    17. To borrow money upon its bonds, notes, debentures, or other evidences of indebtedness, and to secure them by pledges of its revenues, and (subject to the limitations imposed by this section) by mortgages upon property held or to be held by it, or in any other manner;
    18. In connection with any loan, to agree to limitations upon its right to dispose of any housing project or part of a project or to undertake additional housing projects;
    19. In connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this chapter;
    20. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursements, in property or securities in which savings banks may legally invest funds subject to their control; to sue and be sued;
    21. To have a seal and to alter that seal at pleasure; to have perpetual succession;
    22. To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;
    23. To make and, from time to time, amend and repeal bylaws, rules, and regulations not inconsistent with this chapter, and to carry into effect the powers and purposes of the authority;
    24. To conduct examinations and investigations, and to hear testimony and take proof under oath at public or private hearings on any matter material for its information;
    25. To issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are out of the state or unable to attend before the authority, or excused from attendance;
    26. To make available to those agencies, boards or commissions as are charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare; and
    27. To request and receive from the various state and federal departments and agencies income information relating to unemployment compensation, child support, alimony, supplemental nutritional assistance and public welfare payments to be held in strict confidentiality by the authority and shared as part of the process established with the federal department of housing and urban development’s earned income information system in cooperation with other federal and state agencies for the purpose of determining the current income of any applicant regarding rental calculations.
  2. Any of the investigations or examinations provided for in this chapter may be conducted by the authority or by a committee appointed by it, consisting of one or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority, to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination has power to administer oaths, take affidavits, and issue subpoenas or commissions. An authority may exercise any or all the powers conferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may designate, including any corporation or corporations which are or shall be formed under the laws of this state, and, for these purposes, an authority may cause one or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation or corporations. Any corporate agent, all of the stock of which is owned by the authority or its nominee or nominees, may, to the extent permitted by law exercise any of the powers conferred upon the authority. In addition to all of the other powers conferred upon it, an authority may do all things necessary and convenient to carry out the powers expressly given in chapters 25 and 27 of this title. No provisions with respect to the acquisition, operation, or disposition of property by other public bodies are applicable to an authority unless stated specifically by the legislature.

History of Section. P.L. 1935, ch. 2255, § 9; G.L. 1938, ch. 344, § 9; G.L. 1956, § 45-25-15 ; P.L. 2009, ch. 310, § 57; P.L. 2013, ch. 517, § 1.

Effective Dates.

P.L. 2013, ch. 517, § 2, provides that the amendment to this section by that act takes effect July 1, 2015.

NOTES TO DECISIONS

Contracts.

Contract for the appointment of counsel relates to a governmental function and the authority is without authority to bind a successor board by such a contract. Parent v. Woonsocket Hous. Auth., 87 R.I. 444 , 143 A.2d 146, 1958 R.I. LEXIS 82 (1958).

Payment of Judgment.

A public housing authority’s payment of a valid judgment entered against it is a ministerial duty and is not discretionary. To uphold a trial justice’s denial of defendant’s request for issuance of a writ of mandamus where the public housing authority ignores the judgment and is exempt from execution on its property could make suits against housing authorities futile and contradict the express language and purpose of this section. Adler v. Lincoln Hous. Auth., 623 A.2d 20, 1993 R.I. LEXIS 101 (1993).

Collateral References.

Constitutionality of rent laws. 11 A.L.R. 1252; 16 A.L.R. 178.

Right of owner of housing development to restrict canvassing, peddling, solicitation of contributions, etc. 3 A.L.R.2d 1431.

45-25-15.1. Section 8 tenant based certificate and Section 8 rental voucher programs.

The authority has exclusive jurisdiction to administer and manage Section 8 tenant based certificate programs and Section 8 voucher programs within its geographical area of operation inclusive of any certificate or voucher issued by the Housing and Mortgage Finance Corporation which results in a tenant moving into the authority’s geographical area of operation.

History of Section. P.L. 1998, ch. 31, art. 29, § 5.

Federal Act References.

The reference to Section 8 in this section appears to be a reference to § 8 of the United States Housing Act of 1937, which is codified as 42 U.S.C. § 1437f.

Collateral References.

Application of 24 C.F.R. § 982.551 Enumerating Obligations of Participant Family Under Housing Choice Voucher Program. 24 A.L.R. Fed. 3d Art. 7 (2017).

45-25-16. Compliance with federal wage requirements.

Notwithstanding anything to the contrary contained in this chapter or in any other provision of law, the authority may agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and may include in any contract awarded or entered into in connection with a project, stipulations requiring that the contractor and all subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.

History of Section. G.L. 1938, ch. 344, § 9A; P.L. 1939, ch. 726, § 4; P.L. 1950, ch. 2619, § 2; G.L. 1956, § 45-25-16 .

45-25-17. Low rent policy.

It is declared to be the policy of this state that each housing authority manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations, and that no housing authority constructs or operates any project for profit, or as a source of revenue to the city. To this end the authority shall fix the rentals for dwellings in its projects at no higher rates than it finds to be necessary in order to produce revenues (together with all other available moneys, revenues, income, and receipts of the authority from whatever sources derived) sufficient to:

  1. Pay, as it becomes due, the principal and interest on the bonds of the authority;
  2. Meet the cost of, and provide for, maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the authority; and
  3. Create (during not less than the six (6) years immediately succeeding its issuance of any bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one year following and to maintain the reserve.

History of Section. G.L. 1938, ch. 344, § 9B; P.L. 1939, ch. 726, § 4; G.L. 1956, § 45-25-17 .

45-25-18. Tenant selection.

In the operation or management of housing projects, the authority shall at all times observe the following duties with respect to rentals and tenant selections: (1) it may rent or lease the dwelling accommodations of housing projects only to persons who lack the amount of income necessary (as determined by the housing authority undertaking the project) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding; and (2) it may rent or lease to a tenant dwelling accommodations only at rentals within the financial reach of that person; provided, that an authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.

History of Section. G.L. 1938, ch. 344, § 9C; P.L. 1939, ch. 726, § 4; P.L. 1950, ch. 2619, § 3; G.L. 1956, § 45-25-18 ; P.L. 1960, ch. 133, § 1.

Cross References.

Discriminatory practices prohibited, § 11-24-2 .

45-25-18.1. Adoption of rules and regulations.

  1. To the extent not inconsistent with law, each housing authority shall adopt and promulgate reasonable rules which establish:
    1. Eligibility requirements for admission to housing.
    2. Obligations of tenants, including regulations for the use and occupation of housing units and common areas.
    3. Just cause for the termination of the right of use and occupation, so that a tenant may be clearly apprised of the precise reasons for a termination. Just cause for the termination includes, but is not limited to, a serious or repeated failure to comply with the obligations of the lease or the lawful rules and regulations of the housing authority, such as a failure to pay successive installments of rent; the continued use of a unit for any unlawful purpose; the maintenance of any unsafe, unsanitary, or unhealthful condition in any dwelling unit or in any of the common areas; and ineligibility for continued occupancy by reason of over income.
    4. Conditions for continued occupancy, taking account of such factors as family size and changes in the family, fluctuations in income, availability of standard accommodations elsewhere, and other relevant matters; provided, that no increase in the annual income of the tenant or in the aggregate annual income of the tenant and the tenant’s family is cause for any increase in the tenant’s rent or for termination of the lease for a period of one year after the increase in the tenant’s income or in the aggregate income of the tenant and the tenant’s family has occurred.
  2. The authority may adopt other rules that are necessary to the just and effective administration of local housing projects constructed and operated as provided by this chapter.
  3. For all rules to be valid, they shall be published in a conspicuous place in each housing project operated by the authority.

History of Section. P.L. 1968, ch. 54, § 1; P.L. 1970, ch. 255, § 1.

Compiler’s Notes.

The introductory clause of P.L. 1968, ch. 54, § 1 enacting §§ 45-25-18.1 to 45-25-18.9 , read: “Insofar as is not inconsistent with the United States Housing Act of 1937, as amended, and any other federal statutes, and any contracts, rules and regulations promulgated thereunder; chapter 45-25 of the general laws entitled ‘City housing authorities’ as amended, is hereby further amended by adding thereto the following sections”.

NOTES TO DECISIONS

Applicability of Other Statutes.

Rent-freeze statute, which prevented a rent increase for a period of one year after an increase in tenant’s income, was inapplicable to federally subsidized public housing as inconsistent with the federal scheme which indicated that rent should be directly related to income. Baker v. Donovan, 112 R.I. 411 , 311 A.2d 278, 1973 R.I. LEXIS 999 (1973).

45-25-18.2. Board of tenants’ affairs.

There is created a board of tenants’ affairs for each city or town having a housing authority and operating one or more housing projects as provided by this chapter.

History of Section. P.L. 1968, ch. 54, § 1.

45-25-18.3. Membership of board.

  1. The board shall consist of no fewer than eight (8) persons. One-half (1/2) of the members shall be elected from among the tenants occupying housing projects. Each housing project, if there is more than one, shall elect at least two (2) representatives. The remaining members of the board shall be appointed by the mayor in the case of a city or the council in the case of a town, from residents of the neighborhoods in which the projects are located. The member or members of the city or town council and the senator and representative representing the housing project shall be notified of and may attend all board meetings.
  2. The terms of all members shall be for two (2) years and no person shall serve more than two (2) consecutive terms. All those members first appointed shall serve terms of one year, and all those members first elected shall serve terms of two (2) years. Thereafter, the term of office for all members, whether appointed or elected, shall be two (2) years.

History of Section. P.L. 1968, ch. 54, § 1; P.L. 1970, ch. 254, § 1; P.L. 1975, ch. 133, § 1.

45-25-18.4. Appointment of membership — Meetings — Rules — Quorum.

The board shall be organized initially by the members appointed by the mayor or council. Elections of tenant members shall be completed and the first organizational meeting held within ninety (90) days after April 12, 1968. The board shall meet thereafter not less than once each month and at other times as the demands of business require. The board shall adopt its own rules of procedure and keep a record of its proceedings. A majority of the members constitutes a quorum for the transaction of business. Clerical and secretarial staff are supplied by the local housing authority.

History of Section. P.L. 1968, ch. 54, § 1; P.L. 1988, ch. 147, § 1; P.L. 1988, ch. 263, § 1.

45-25-18.5. Compensation.

The city or town shall pay compensation for the members of the board which shall be a reasonable per diem allowance for each day that the board is in session. Sums paid the representatives from the housing projects are not counted as income for purposes of determining continuing eligibility for occupancy.

History of Section. P.L. 1968, ch. 54, § 1.

45-25-18.6. Power of board.

  1. The board shall:
    1. Advise the housing authority on matters concerning the general welfare of the tenants of housing projects and facilities.
    2. Review and veto rules of the housing authority promulgated in accord with § 45-25-18.1 prior to publication.
    3. Meet on a regular basis with available federal, state, and local government officials or their representatives to propose and develop specific legislation designed to alleviate the problems of those tenants living on fixed or limited incomes, and to transmit all proposals to the appropriate government representatives for consideration.
  2. Final determinations reached on matters heard by way of review are binding on the housing authority.
  3. The power of review and veto is exercised by a two-thirds (2/3) majority of those present and voting.

History of Section. P.L. 1968, ch. 54, § 1; P.L. 1975, ch. 132, § 1.

45-25-18.7. Hearings.

  1. The tenant or applicant affected has a right to a hearing and review by the board where a determination is made by the project management or by the housing authority:
    1. That an applicant is denied admission to public housing;
    2. That a tenant’s right of use and occupation is terminated; or
    3. That any obligation of a tenant is increased or otherwise altered;
  2. The tenant or applicant shall be given written notice of any determination affecting his or her status, and the reasons therefor, and notice of his or her right to a hearing, and within seven (7) days of delivery of the notice, the tenant or occupant may petition the board, in writing, for a hearing and review. Upon receiving that petition, the board shall set a date for the hearing and inform the tenant or applicant of the date, time, and place of the hearing.
  3. If the tenant or applicant fails to petition for a hearing within seven (7) days, he or she will be held to have waived his or her right to the hearing, but he or she will not be held to have waived his or her right to contest the propriety of the authority’s action in any later court proceeding.
  4. The tenant or applicant is entitled to a fair hearing before the board and has the right to be represented by counsel.

History of Section. P.L. 1968, ch. 54, § 1.

45-25-18.8. Termination.

If a decision to terminate a right of use and occupation is upheld by the board upon review, an action to regain possession of the premises shall not be brought until the right of use and occupation has been terminated by lawful notice. If an action to regain possession of the premises is brought by the authority, the tenant has a right to a trial de novo on the issue of whether there was just cause to terminate the tenant’s right of use and occupancy.

History of Section. P.L. 1968, ch. 54, § 1.

45-25-18.9. Severability.

If any section, subsection, clause, sentence, paragraph, or any part thereof, is for any reason adjudged invalid or unconstitutional, the remainder of any section or any part of a section shall not be affected by the judgment.

History of Section. P.L. 1968, ch. 54, § 1.

45-25-18.10. Housing for people who are elderly — Disabled veterans.

Every person, regardless of sex, who was disabled while serving in the military or naval service of the United States in the Spanish American war, the insurrection in the Philippines, the China relief expedition, World War I, World War II, or in any conflict or war, whether declared or undeclared, and who was honorably discharged, or who was discharged under conditions other than dishonorable, or who, if not discharged, served honorably, may, if that person meets all other qualifications in his or her application for placement in a public housing for people who are elderly project, be the first to be provided any available accommodations in the project regardless of any other prior applications.

History of Section. P.L. 1970, ch. 283, § 1.

45-25-18.11. Housing for people who are elderly — Posting of disabilities — Enforcement by local fire authorities.

  1. Upon request of any tenant in a public housing for people who are elderly project, the managing authority shall post, on or near the exterior door of the apartment of the tenant, an indication of any disability of the tenant in a form and size that is immediately understood in the event of emergency or evacuation.
  2. The local fire authorities have the duty of accomplishing the purpose of this section, and of enforcing that purpose.

History of Section. P.L. 1978, ch. 181, § 1.

45-25-18.12. Housing for people who are elderly — Criminal records check.

Every housing authority or any housing for people who are elderly subsidized by the federal government shall, as part of the application process for prospective tenants of housing for people who are elderly projects, request that the division of criminal identification in the department of the attorney general conduct a criminal records investigation of the prospective tenant. This request shall be made immediately prior to the final approval of the application. The division of criminal identification shall not assess a fee for providing the service.

History of Section. P.L. 1996, ch. 332, § 1.

45-25-19. Rental and tenant restrictions not binding on obligee on default.

Nothing contained in §§ 45-25-17 and 45-25-18 shall be construed as limiting the power of an authority, with respect to a housing project, to vest in an obligee the right, in the event of a default by the authority, to take possession of the project or cause the appointment of a receiver, free from all the restrictions imposed by those sections.

History of Section. G.L. 1938, ch. 344, § 9C; P.L. 1939, ch. 726, § 4; P.L. 1950, ch. 2619, § 3; G.L. 1956, § 45-25-19 .

45-25-20. Subjection to local building and planning regulations.

Except as provided by § 45-25-21 , all housing projects of an authority are subject to the planning, zoning, sanitary and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.

History of Section. P.L. 1935, ch. 2255, § 12; G.L. 1938, ch. 344, § 12; impl. am. P.L. 1940, ch. 917, § 1; G.L. 1956, § 45-25-20 .

45-25-21. Exemption of low rate projects from ordinances.

The provisions of any zoning ordinance or any building ordinance enacted by any city or town in this state do not apply to any low rate housing project.

History of Section. G.L. 1938, ch. 344, § 9D; P.L. 1940, ch. 917, § 1; G.L. 1956, § 45-25-21 .

45-25-22. Cooperation between authorities.

Any two (2) or more authorities may cooperate with one another in the exercise of any or all of the powers conferred hereby for the purpose of financing, planning, constructing, or operating a housing project or projects located partly within the boundaries of each of the authorities.

History of Section. P.L. 1935, ch. 2255, § 10; G.L. 1938, ch. 344, § 10; G.L. 1956, § 45-25-22 .

45-25-23. Acquisition of land for government project.

The authority may acquire by purchase any property, real or personal, for any housing project being constructed or operated by a government. The authority, upon terms and conditions, with or without consideration, that it determines, may convey title or deliver possession of the property so acquired or purchased to the government for use in connection with the housing project.

History of Section. P.L. 1935, ch. 2255, § 11; G.L. 1938, ch. 344, § 11; G.L. 1956, § 45-25-23 .

45-25-24. Power of state public bodies to cooperate in projects.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is authorized to act, any state public body may upon terms, with or without consideration, that it may determine:

  1. Dedicate, release, sell, convey or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges to a housing authority or the federal government;
  2. Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;
  3. Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;
  4. Plan or replan, zone or rezone any part of the state public body; make exceptions from building regulations and ordinances; any city also may change its map;
  5. Cause services to be furnished to the housing authority of the character which the state public body is otherwise empowered to furnish;
  6. Enter into agreements with respect to the exercise by the state public body of its powers relating to the repair, elimination or closing of unsafe, unsanitary, or unfit dwellings;
  7. Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of the state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of those bonds or other obligations;
  8. Appropriate money for the use of a local housing authority;
  9. Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of housing projects;
  10. Incur the entire expense of any public improvements made by the state public body in exercising the powers granted in this chapter; and
  11. Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a housing authority, respecting action to be taken by the state public body pursuant to any of the powers granted by this chapter. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of the agreements shall inure to the benefit of and may be enforced by the public body or governmental agency. Any sale, conveyance, lease, or agreement provided for in this section, may be made by a state public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.

History of Section. G.L. 1938, ch. 344, § 27A; P.L. 1939, ch. 726, § 4; P.L. 1939, ch. 727, § 1; P.L. 1950, ch. 2619, § 5; G.L. 1956, § 45-25-24 .

45-25-25. Loans by city to authority.

Any city in which a housing authority has been created, has the power, from time to time, to lend or donate money to the authority or to agree to take that action. The housing authority, when it has money available, shall make reimbursements for all loans made to it.

History of Section. G.L. 1938, ch. 344, § 27C; P.L. 1939, ch. 726, § 4; G.L. 1956, § 45-25-25 .

45-25-26. Resolution for action by state public body.

The exercise by a state public body of the powers granted by this chapter may be authorized by resolution of the governing body of a state public body adopted by a majority of the members of its governing body present at a meeting of the governing body, which resolution may be adopted at the meeting at which the resolution is introduced. The resolution or resolutions shall take effect immediately and need not be laid over or published or posted.

History of Section. G.L. 1938, ch. 344, § 27D; P.L. 1939, ch. 726, § 4; G.L. 1956, § 45-25-26 .

45-25-27. Powers supplemental.

The powers conferred by §§ 45-25-16 45-25-19 and §§ 45-25-24 45-25-26 are in addition and supplemental to the powers conferred by any other law.

History of Section. P.L. 1939, ch. 726, § 5; G.L. 1956, § 45-25-27 .

45-25-28. Authority tax exempt.

An authority is exempt from the payment of any taxes or fees to the state or any subdivision of the state or to any officer or employee of the state or subdivision of the state.

History of Section. P.L. 1935, ch. 2255, § 25; G.L. 1938, ch. 344, § 25; G.L. 1956, § 45-25-28 .

45-25-29. Bonds and mortgages tax exempt.

Bonds and mortgages of an authority are declared to be issued for a public purpose and to be public instrumentalities, and together with interest, are exempt from tax.

History of Section. P.L. 1935, ch. 2255, § 25; G.L. 1938, ch. 344, § 25; G.L. 1956, § 45-25-29 .

45-25-30. Payments in lieu of local property tax.

The property of an authority is exempt from all local and municipal taxes. An authority shall pay to the city a sum fixed annually by the city. A city may:

  1. Fix a sum to be paid to it annually by an authority in respect of each project; or
  2. Agree that an authority not pay or be liable to pay any sum whatsoever in respect of a project or projects for any year or years; or
  3. Agree with an authority or government upon the sum to be paid by the authority for any year or years in respect of a project or projects, or accept or agree to accept a fixed sum or other consideration in lieu of the payment.

History of Section. P.L. 1935, ch. 2255, § 25; G.L. 1938, ch. 344, § 25; P.L. 1950, ch. 2620, § 1; G.L. 1956, § 45-25-30 .

45-25-31. Annual report.

The authority shall, at least once a year, file with the mayor of the city a report of its activities for the preceding year, and make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of chapters 25 — 27 of this title.

History of Section. P.L. 1935, ch. 2255, § 26; G.L. 1938, ch. 344, § 26; G.L. 1956, § 45-25-31 .

45-25-32. Dissolution of authority.

An authority or the city may apply, to the superior court in any county in which the city or any part of it is located, for an order dissolving the authority. The court shall hold a hearing in open court after giving notice of hearing as the court may require. Upon a showing to the satisfaction of the court that provision has been made for the payment or satisfaction of all of the outstanding obligations of the authority and for the necessary expenses for its liquidation, the court may order that the authority be dissolved. Upon dissolution the property of the authority becomes the property of the city.

History of Section. P.L. 1935, ch. 2255, § 27; G.L. 1938, ch. 344, § 27; G.L. 1956, § 45-25-32 .

45-25-33. Severability.

If any one or more sections, clauses, sentences, or parts of chapters 25 — 27 of this title shall for any reason be questioned in any court, and adjudged unconstitutional or invalid, the judgment shall not affect, impair, or invalidate the remaining provisions, but shall be confined in its operation to the specific provisions held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, or provision of those chapters in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History of Section. P.L. 1935, ch. 2255, § 28; G.L. 1938, ch. 344, § 28; P.L. 1939, ch. 726, § 6; G.L. 1956, § 45-25-33 .

45-25-34. Employees of city housing authorities.

Any housing authority as defined by the provisions of this chapter may elect to accept the provisions of chapter 21 of this title entitled Retirement of Municipal Employees by resolution adopted by the commissioners of the authority, the acceptance to be forwarded to the retirement board by the authority in the same manner as provided in § 45-21-4 .

History of Section. G.L. 1956, § 45-25-34 ; P.L. 1967, ch. 121, § 1.

45-25-35. Indian housing authorities.

  1. The city or town council of any city or town is authorized to create by ordinance an Indian housing authority consistent with the requirements of this chapter. Any Indian housing authority created under the terms of this chapter shall be organized for the purpose of directly or indirectly providing dwelling accommodations in a city or town for Indians of low income, within the meaning of and so as to qualify for funding under 24 Code of Federal Regulations Part 905.
  2. Any Indian housing authority created under this chapter shall consist of five (5) commissioners, three (3) of whom shall be appointed by the respective mayor, or elected town administrator, or if the municipality has no elected chief executive, by a majority of the city or town council, and two (2) of whom shall be appointed by the city or town council, each to serve a five (5) year term. At least three (3) commissioners must be duly enrolled members of a state or federally recognized Indian tribe and all commissioners must reside in the city or town. No person is barred from serving as a commissioner because he or she is a tenant or home owner in a dwelling directly or indirectly provided by the Indian housing authority.
  3. Nothing in this section shall be construed to authorize the establishment of gaming facilities anywhere in the state of Rhode Island by any person.

History of Section. P.L. 1993, ch. 412, § 2.

Repealed Sections.

Former § 45-25-35 (P.L. 1992, ch. 297, § 1), concerning the Providence Indian Housing Authority, was repealed by P.L. 1993, ch. 412, § 1, effective July 21, 1993.

45-25-35.1. Powers of authority.

The authority:

  1. May participate in any state or federal programs of low and moderate income housing assistance and community development; and
  2. For this purpose may:
    1. Enter into and perform a contract or agreement with the state, the United States, or a federal agency;
    2. Develop or operate a housing project if approval by ordinance or resolution is obtained from the governing body and chief elected official of the local jurisdiction where the housing project is located;
    3. Act as a public housing agency within the meaning of the federal law and as an authority within the meaning of state law; and
    4. Do anything necessary or convenient for its participation.

History of Section. P.L. 1993, ch. 412, § 2.

Chapter 26 Town Housing Authorities

45-26-1. Declaration of necessity.

It is declared that the findings and declarations stated in § 45-25-2 are also applicable to towns in the state.

History of Section. P.L. 1950, ch. 2619, § 1; G.L. 1956, § 45-26-1 .

Cross References.

Definition, § 45-25-3 .

Comparative Legislation.

Housing authorities:

Conn. Gen. Stat. §§ 8-38 — 8-104.

Mass. Ann. Laws ch. 121B, § 3 et seq.

45-26-2. Authorities created — Resolution to allow functioning.

  1. In each town of the state there is created a public body corporate and politic to be known as the “housing authority” of the town (hereafter called “town authority”); provided, that the town authority does not transact any business or exercise its powers until or unless the town council of the town, by proper resolution, determines at any time that there is need for a town authority to function in the town.
  2. The town council shall give consideration to the need for a town authority (1) on its own motion or (2) upon the filing of a petition signed by twenty-five (25) qualified voters of the town asserting that there is need for a town authority to function in the town and requesting that the town council so declare.

History of Section. G.L. 1938, ch. 344, § 29; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-2 .

45-26-3. Grounds for resolution of need.

The town council shall adopt a resolution declaring that there is a need for a town authority to function in the town if it finds:

  1. That unsanitary or unsafe inhabited dwelling accommodations or blighted areas exist in the town; or
  2. That there is a shortage of safe or sanitary dwelling accommodations in the town available to persons of low income at rentals or prices they can afford.

History of Section. G.L. 1938, ch. 344, § 29; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-3 .

45-26-4. Appointment, terms, and compensation of commissioner.

    1. When the town council adopts a resolution creating a town authority, the town council shall appoint five (5) persons as commissioners of the town authority; provided, however, that the town of Lincoln shall appoint seven (7) persons as commissioners of the town authority. The commissioners who are first appointed shall be designated to serve for terms of one, two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment, but, subsequently, commissioners shall be appointed for a term of office of five (5) years, except that all vacancies shall be filled for the unexpired term, those appointments to be made by the town council.
    2. Provided, however, that the commission members of the town authority of the town of Lincoln must be residents of the town of Lincoln during the term of their appointment. Provided, further, that at least one of the commission members of a town authority must be a resident as well as a resident of a public housing facility during the term of their appointment. A public housing resident commissioner shall be appointed by the appointing authority from a list of nominees chosen in open election by the occupants of public housing. Upon the failure of the election process, there shall be a provision for an application process. Nothing in this subsection shall be construed as preventing the appointing authority from appointing more than one resident of public housing to the commission.
    3. Provided, however that the commission members of the city housing authority of the city of Central Falls must be approved by a majority of the members of the Central Falls city council and must also be residents of the city of Central Falls during the term of their appointment to the housing authority.
  1. A commissioner of the town of North Providence shall receive twenty-five dollars ($25.00) per meeting but not in excess of five hundred dollars ($500) per year as compensation for his or her services; provided, that a commissioner of the town of Coventry shall only receive twenty-five dollars ($25.00) per attended meeting but not in excess of six hundred dollars ($600) per year as compensation for his or her services, provided, further, that the chairperson of the Coventry housing authority shall receive thirty-five dollars ($35.00) per attended meeting but not in excess of eight hundred forty dollars ($840) per year as compensation for his or her services.

History of Section. G.L. 1938, ch. 344, § 30; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-4 ; P.L. 1981, ch. 368, § 1; P.L. 1988, ch. 232, § 1; P.L. 1988, ch. 319, § 1; P.L. 1999, ch. 82, § 1; P.L. 1999, ch. 327, § 1; P.L. 2000, ch. 118, § 1; P.L. 2003, ch. 255, § 1; P.L. 2003, ch. 293, § 1.

45-26-5. Procedure for establishment and incorporation of town authority.

The findings of each town council declaring the need for a town authority shall be made in the same manner and degree as is required for each city council in § 45-25-7 , and each town authority shall secure its certificate of incorporation in the manner prescribed for housing authorities for cities in § 45-25-7 .

History of Section. G.L. 1938, ch. 344, § 31; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-5 .

45-26-6. Area of operation.

The area of operation of a town authority includes all of the town for which it is created; provided, that no authority operates in any area in which an authority already established is operating without the consent by resolution of the authority already operating in that area.

History of Section. G.L. 1938, ch. 344, § 32; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-6 .

Cross References.

Extraterritorial powers of housing authorities, §§ 45-28-1 45-28-4 .

45-26-7. Laws applicable to town authorities.

Town authorities and their commissioners, within their respective areas of operation, have the same functions, rights, powers, duties, privileges, immunities, and limitations provided for housing authorities, created for cities and their commissioners. All the provisions of law applicable to housing authorities created for cities and their commissioners are applicable to town authorities.

History of Section. G.L. 1938, ch. 344, § 33; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-7 .

45-26-8. Cooperation of state public bodies.

State public bodies have the same rights and powers to aid and cooperate with town authorities that state public bodies have with respect to housing authorities in cities.

History of Section. G.L. 1938, ch. 344, § 34; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-8 .

Cross References.

Power to cooperate with city housing authorities, § 45-25-24 .

45-26-9. Loans or donations by towns.

Towns also have power from time to time to lend or donate money to town authorities or to agree to take that action. Any town authority, when it has the money available, shall make reimbursements for all loans made to it.

History of Section. G.L. 1938, ch. 344, § 34; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-9 .

45-26-10. Rural housing.

Any housing authority, which has rural areas under its jurisdiction, may undertake the provision of housing for families of low income in those rural areas, and may comply with any conditions required by the federal government pursuant to federal law in any contract for financial assistance with the authority concerning those undertakings.

History of Section. G.L. 1938, ch. 344, § 35; P.L. 1950, ch. 2619, § 6; G.L. 1956, § 45-26-10 .

45-26-11. Retirement of employees of town housing authorities.

Any housing authority, as defined by the provisions of this chapter, may elect to accept the provisions of chapter 21 of this title entitled Retirement of Municipal Employees by resolution adopted by the commissioners of the authority, the acceptance to be forwarded to the retirement board by the authority in the same manner as provided in § 45-21-4 .

History of Section. G.L. 1956, § 45-26-11 ; P.L. 1967, ch. 121, § 2; P.L. 2009, ch. 310, § 58.

45-26-12. Housing for people who are elderly — Disabled veterans.

Every person, regardless of sex, who was disabled while serving in the military or naval service of the United States in the Spanish American war, the insurrection in the Philippines, the China relief expedition, World War I, World War II, or in any conflict or war, whether declared or undeclared, and who was honorably discharged, or who was discharged under conditions other than dishonorable, or who, if not discharged, served honorably, shall, if that person meets all other qualifications in his or her application for placement in a public housing for people who are elderly project, be the first to be provided any available accommodations in a project regardless of any other prior applications.

History of Section. P.L. 1970, ch. 283, § 2.

45-26-13. Housing for people who are elderly — Posting of disabilities — Enforcement by local fire authorities.

  1. Upon request of any tenant in a public housing for people who are elderly project, the managing authority shall post, on or near the exterior door of the apartment of the tenant, an indication of any disability of the tenant in a form and size that is immediately understood in the event of emergency or evacuation.
  2. The local fire authorities have the duty of accomplishing the purpose of this section, and of enforcing that purpose.

History of Section. P.L. 1978, ch. 181, § 2.

Chapter 26.1 Mobile and Manufactured Home Park Rental Review Board [Repealed.]

45-26.1-1 — 45-26.1-4. Repealed.

Repealed Sections.

Former §§ 45-26.1-1 — 45-26.1-4 (P.L. 1988, ch. 341, § 1; P.L. 1988, ch. 576, § 1) were repealed by P.L. 1991, ch. 216, § 3, effective September 1, 1991.

Chapter 27 Housing Authority Bonds and Obligations

45-27-1. Types of bonds issuable — Pledge of revenues — Mortgages.

  1. The authority has power to issue bonds, from time to time in its discretion, for any of its corporate purposes. The authority also has power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The authority may issue types of bonds that it may determine, including (without limiting the generality of the foregoing), bonds on which the principal and interest are payable from income and revenues of the authority and from grants or contributions from the federal government or another source. The income and revenues securing the bonds may be:
    1. Exclusively the income and revenues of the housing project financed in whole or in part with the proceeds of the bonds;
    2. Exclusively the income and revenues of certain designated housing projects, whether or not they are financed in whole or in part with the proceeds of the bonds; or
    3. The income and revenues of the authority generally.
  2. The bonds may be additionally secured by a pledge of any income or revenues of the authority or, in certain instances, a mortgage of any housing project, projects, or other property of the authority.

History of Section. P.L. 1935, ch. 2255, § 13; G.L. 1938, ch. 344, § 13; P.L. 1939, ch. 726, § 2; G.L. 1956, § 45-27-1 .

Cross References.

Definitions, § 45-25-3 .

Comparative Legislation.

Housing authorities:

Conn. Gen. Stat. §§ 8-38 — 8-104.

Mass. Ann. Laws ch. 121B, § 3 et seq.

45-27-2. Liability on bonds — Statutory limitations inapplicable.

Neither the commissioners of the authority nor any person executing the bonds is personally liable on the bonds by reason of their issuance. The bonds and other obligations of the authority (and the bonds and obligations shall so state on their face) are not a debt of the city, the county, the state, or any political subdivision thereof, and neither the city or the county, nor the state or any political subdivision thereof, are liable thereon, nor in any event are the bonds or obligations payable out of any funds or properties other than those of the authority. The bonds do not constitute an indebtedness within the meaning of any constitutional, statutory, or charter debt limitation or restriction. Bonds may be issued under this chapter notwithstanding any debt or other limitation prescribed by any statute.

History of Section. P.L. 1935, ch. 2255, § 13; G.L. 1938, ch. 344, § 13; P.L. 1939, ch. 726, § 2; G.L. 1956, § 45-27-2 .

45-27-3. Authorization, form, and terms of bonds.

The bonds of the authority are authorized by its resolution, and issued in one or more series, and bearing a date or dates, maturing at a time or times (not exceeding sixty (60) years from their respective dates), bearing interest at a rate or rates (not exceeding six percent (6%) per annum payable semiannually), in denominations (which may be made interchangeable), in forms, either coupon or registered, carrying registration privileges, executed in a manner, payable in a medium of payment, at a place or places, and subject to any terms of redemption (with or without premium) that the resolution or its trust indenture or mortgage may provide.

History of Section. P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-3 .

45-27-4. Sale of bonds — Notice.

The bonds may be sold at public or private sale at a price or prices that the authority determines.

History of Section. P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-4 ; P.L. 1973, ch. 244, § 1; P.L. 2007, ch. 292, § 5.

45-27-5. Interim certificates and temporary obligations.

Pending the authorization, preparation, execution, or delivery of definitive bonds, the authority may issue interim certificates, or other temporary obligations to the purchaser of those bonds. The interim certificates, or other temporary obligations, shall be in a form, contain terms, conditions and provisions, bear a date or dates, and evidence agreements relating to their discharge or payment or the delivery of definitive bonds, as the authority may by resolution, trust indenture, or mortgage determine.

History of Section. P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-5 .

45-27-6. Continuing validity of signatures of officers.

In case any of the officers whose signatures appear on any bonds or coupons cease to be officers before the delivery of the bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until the delivery.

History of Section. P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-6 .

45-27-7. Repurchase of bonds.

The authority has power, out of any funds available therefor, to purchase any bonds issued by it at a price not more than the principal amount of the bonds and the accrued interest; provided, that bonds payable exclusively from the revenues of a designated project or projects shall be purchased out of any revenues available therefor. All bonds so purchased shall be cancelled. This section does not apply to the redemption of bonds.

History of Section. P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-7 ; P.L. 2009, ch. 310, § 59.

45-27-8. Negotiability of bonds.

Notwithstanding any provision of any law to the contrary, any bonds, interim certificates, or other obligations issued pursuant to this chapter are fully negotiable.

History of Section. P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-8 .

45-27-9. Terms includible in bonds or obligations.

In connection with the issuance of bonds and/or the incurring of any obligations under a lease, and in order to secure the payment of those bonds and/or obligations, the authority has power:

  1. To pledge by resolution, trust indenture, mortgage (subject to limitations imposed), or other contract all or any part of its rents, fees, or revenues.
  2. To covenant against mortgaging all or any part of its property, part of its property, real or personal, then owned or acquired, or against permitting or suffering any lien on its property.
  3. To covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project or any part of the project, or with respect to limitations on its right to undertake additional housing projects.
  4. To covenant against pledging all or any part of its rents, fees, and revenues to which its right then exists or the right to which may come into existence, or against permitting or suffering any lien on them.
  5. To provide for the release of property, rents, fees, and revenues from any pledge or mortgage, and to reserve rights and powers in, or the right to dispose of, property which is subject to a pledge or mortgage.
  6. To covenant as to the bonds to be issued pursuant to any resolution, trust indenture, mortgage, or other instrument and as to the issuance of bonds in escrow or otherwise, and as to the use and disposition of the proceeds.
  7. To covenant as to what other, or additional debt, may be incurred by it.
  8. To provide for the terms, form, registration, exchange, execution, and authentication of bonds.
  9. To provide for the replacement of lost, destroyed, or mutilated bonds.
  10. To covenant that the authority warrants the title to the premises.
  11. To covenant as to the rents and fees to be charged, the amount (calculated as may be determined) to be raised each year, or other period of time, by rents, fees, and other revenues, and as to the use and disposition to be made of these revenues.
  12. To covenant as to the use of any or all of its property, real or personal.
  13. To create or to authorize the creation of special funds in which there shall be segregated:
    1. The proceeds of any loan and/or grant;
    2. All of the rents, fees, and revenues of any housing project or projects or parts of those revenues;
    3. Any moneys held for the payment of the costs of operation and maintenance of the housing projects, or as a reserve for the meeting of contingencies in the operation and maintenance of the housing projects;
    4. Any moneys held for the payment of the principal and interest on its bonds or the sums due under its leases and/or as a reserve for those payments; and
    5. Any moneys held for any other reserves or contingencies, and to covenant as to the use and disposal of the moneys held in those funds.
  14. To redeem the bonds, and to covenant for their redemption and to provide the terms and conditions for their redemption.
  15. To covenant against extending the time for the payment of its bonds or interest on them, directly or indirectly, by any means or in any manner.
  16. To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given.
  17. To covenant as to the maintenance of its property, its replacement, the insurance to be carried on the property, and the use and disposition of insurance moneys.
  18. To vest in an obligee of the authority the right, in the event of the failure of the authority to observe or perform any covenant on its part to be kept or performed, to cure the default and to advance any moneys necessary for that purpose, and the moneys so advanced may be made an additional obligation of the authority with interest, security, and priority as may be provided in any trust indenture, mortgage, lease, or contract of the authority with reference thereto.
  19. To covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds become or may be declared due before maturity, and to the terms and conditions upon which that declaration and its consequences may be waived.
  20. To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation.
  21. To covenant to surrender possession of all or any part of any housing project or projects upon the happening of an event of default (as defined in the contract), and to vest in an obligee the right without judicial proceedings to take possession and to use, operate, manage, and control the housing projects or any part of the projects, and to collect and receive all rents, fees, and revenues arising from the housing projects in the same manner as the authority itself might do, and to dispose of the moneys collected in accordance with the agreement of the authority with the obligee.
  22. To vest in a trustee or trustees the right to enforce any covenant made to secure, pay, or in relation to the bonds, provide for the powers and duties of the trustee or trustees, to limit liabilities, and provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce the covenant.
  23. To make covenants other than and, in addition to, the covenants expressly authorized, of like or different character.
  24. To execute all instruments necessary or convenient in the exercise of the powers granted or in the performance of its covenants or duties, which may contain covenants and provisions, in addition to previously above specified, as the government or any purchaser of the bonds of the authority may reasonably require.
  25. To make covenants and to do any and all acts and things that may be necessary or convenient or desirable in order to secure its bonds, or in the absolute discretion of the authority tend to make the bonds more marketable; notwithstanding that the covenants, acts, or things may not be enumerated in this section; it being the intention to give the authority power to do all things in the issuance of bonds and in the provisions for their security that are not inconsistent with the constitution of the state, and no consent or approval of any judge or court shall be required; provided, that the authority has no power to mortgage all or any part of its property, real or personal, except as provided in § 45-27-10 .

History of Section. P.L. 1935, ch. 2255, § 15; G.L. 1938, ch. 344, § 15; G.L. 1956, § 45-27-9 ; P.L. 2009, ch. 310, § 59.

45-27-10. Mortgage of property.

In connection with any project financed in whole or in part or otherwise aided by a government (whether through a donation of money or property, a loan, the insurance or guaranty of a loan, or otherwise), the authority also has power to mortgage all or any part of its property, real or personal, then owned or acquired:

  1. To vest in a government the right, upon the happening of an event of default (as defined in the mortgage), to foreclose the mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, so long as a government is the holder of any of the bonds secured by the mortgage.
  2. To vest in a trustee or trustees the right, upon the happening of an event of default (as defined in the mortgage), to foreclose the mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings.
  3. To vest in other obligees the right to foreclose the mortgage by judicial proceedings.
  4. To vest in an obligee, including a government, the right in foreclosing any mortgage, to foreclose the mortgage as to all or part or parts of the property covered by the mortgage as the obligee (in its absolute discretion) elects; the institution, prosecution, and conclusion of foreclosure proceedings, and/or the sale of any parts of the mortgaged property shall not affect, in any manner or to any extent, the lien of the mortgage on the parts of the mortgaged property not included in the proceedings or not sold.

History of Section. P.L. 1935, ch. 2255, § 16; G.L. 1938, ch. 344, § 16; G.L. 1956, § 45-27-10 .

45-27-11. Remedies of obligee.

An obligee of the authority has the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:

  1. By mandamus, suit, action, or proceeding in law or equity (all of which may be joined in one action) to compel the authority, and its commissioners, officers, agents, or employees to perform each and every term, provision, and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by chapters 25 — 27 of this title.
  2. By suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of an obligee of the authority.
  3. By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part of it to be surrendered to any obligee having the right to possession pursuant to any contract of the authority.

History of Section. P.L. 1935, ch. 2255, § 17; G.L. 1938, ch. 344, § 17; G.L. 1956, § 45-27-11 .

45-27-12. Remedies conferrable on obligee by housing authority.

Any authority has power by its trust indenture, mortgage, lease, or other contract to confer upon any obligee, holding or representing a specified amount in bonds, lease, or other obligations, the right upon the happening of an “event of default” as defined in the instrument:

  1. By suit, action, or proceeding in any court of competent jurisdiction to obtain the appointment of a receiver of any housing project of the authority or any part or parts of it. If the receiver is appointed, he or she may enter and take possession of the housing project or any part or parts of it, and operate and maintain the housing project, and collect and receive all fees, rents, revenues, or other charges arising from it in the same manner as the authority itself might do, and keep those moneys in a separate account or accounts and apply them in accordance with the obligations of the authority as the court directs.
  2. By suit, action, or proceeding in any court of competent jurisdiction to require the authority and commissioners to account as if it and they were the trustees of an express trust.

History of Section. P.L. 1935, ch. 2255, § 18; G.L. 1938, ch. 344, § 18; G.L. 1956, § 45-27-12 .

45-27-13. Remedies cumulative.

All the rights and remedies conferred in this chapter are cumulative and in addition to all other rights and remedies that may be conferred upon an obligee of the authority by law or by contract with the authority.

History of Section. P.L. 1935, ch. 2255, § 19; G.L. 1938, ch. 344, § 19; G.L. 1956, § 45-27-13 .

45-27-14. Limitation on remedies against property of authority.

  1. No interest of the authority in any property, real or personal, is subject to sale by the foreclosure of a mortgage on it, either through judicial proceedings or the exercise of a power of sale contained in the mortgage, except in the case of the mortgages provided for in § 45-27-10 . All property of the authority is exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the authority.
  2. No judgment against the authority shall be a charge or lien upon its property, real or personal. The provisions of this section do not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in § 45-27-10 and, in the case of a foreclosure sale, to obtain a judgment or decree for any deficiency due on the indebtedness secured by it and issued on the credit of the authority. The deficiency judgment or decree shall be a lien and charge upon the property of the authority, which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying that deficiency judgment or decree.

History of Section. P.L. 1935, ch. 2255, § 20; G.L. 1938, ch. 344, § 20; G.L. 1956, § 45-27-14 .

NOTES TO DECISIONS

Mandamus.

Because a valid judgment against a public housing authority may not be enforced through execution under this section nor, consequently, through the supplementary proceedings of § 9-28-1 and Super. Ct. Rules of Civ. Pro. Rule 69, a defendant may seek to collect damages through the issuance of a writ of mandamus so as not to be left without any remedial recourse. Adler v. Lincoln Hous. Auth., 623 A.2d 20, 1993 R.I. LEXIS 101 (1993).

45-27-15. Subordination of mortgage to government contract.

The authority may agree in any mortgage made by it that the mortgage is subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements on it. In that event, any purchaser or purchasers at a sale of the property of an authority, pursuant to a foreclosure of the mortgage or any other remedy in connection with it, obtains title subject to the contract.

History of Section. P.L. 1935, ch. 2255, § 21; G.L. 1938, ch. 344, § 21; G.L. 1956, § 45-27-15 .

45-27-16. Obligations in federal contracts.

In addition to the powers conferred upon the authority by other provisions of chapters 25 — 27 of this title, the authority is empowered to borrow money or accept grants from the federal government for or in aid of any housing project which the authority is authorized to undertake, to take over any land acquired by the federal government for the construction or operation of a housing project, to take over or lease or manage any housing project constructed or owned by the federal government, and to these ends, to enter into contracts, mortgages, trust indentures, leases, or other agreements that the federal government may require, including agreements that the federal government has the right to supervise and approve the construction, maintenance, and operation of the housing project. In any contract with the federal government for annual contributions to an authority, the authority may obligate itself (which obligation shall be specifically enforceable and not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which the contract relates, upon the occurrence of a substantial default (as defined in the contract) with respect to the covenants or conditions to which the authority is subject. The contract may further provide that in the case of a conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted. It is the purpose and intent of chapters 25 — 27 of this title to authorize every authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any housing project which the authority is empowered to undertake.

History of Section. P.L. 1935, ch. 2255, § 22; G.L. 1938, ch. 344, § 22; P.L. 1950, ch. 2619, § 4; G.L. 1956, § 45-27-16 .

45-27-17. Validation of prior agreements.

All agreements, and undertakings of housing authorities established pursuant to the housing authorities law, entered into before March 8, 1943, relating to financing or aiding in the development or operation of any housing projects, including (without limiting the generality of the foregoing) loan and annual contributions contracts, agency contracts, and leases, agreements with municipalities or other public bodies (including those pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by housing authorities or which are otherwise made a part of the contract with those holders of notes or bonds) relating to cooperation in aid of housing projects, furnishing of municipal services and facilities and the elimination of unsafe and unsanitary dwellings, and contracts for the construction of housing projects, together with all proceedings, acts, and things undertaken or done before March 8, 1943 with reference thereto, are hereby validated, and declared legal in all respects.

History of Section. P.L. 1943, ch. 1271, § 1; G.L. 1956, § 45-27-17 .

45-27-18. Validation of previous acts.

  1. All proceedings, acts, and things undertaken or done before March 8, 1943, in or for the authorization, issuance, execution, sale, and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the development or construction of a housing project or projects, are hereby validated and declared legal in all respects.
  2. Any payments to public bodies in the state made by a housing authority before March 8, 1943, are validated and declared legal in all respects, and a housing authority is authorized to make payments to public bodies in the state in those amounts as it finds desirable, notwithstanding any statutory limitation on the amount of those payments.
  3. All notes and bonds issued by housing authorities before March 8, 1943, are validated and declared legal in all respects.

History of Section. P.L. 1943, ch. 1271, § 2; G.L. 1956, § 45-27-18 .

45-27-19. Validation of defense housing activities.

All bonds, notes, contracts, agreements, and obligations of housing authorities issued or entered into before May 6, 1941, relating to financing or undertaking (including cooperating with or acting as an agent of the federal government in) the development or administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities, are validated and declared legal in all respects, notwithstanding any defect or irregularity or any want of statutory authority.

History of Section. P.L. 1941, ch. 1031, § 1; G.L. 1956, § 45-27-19 .

45-27-20. Security for deposits by authority.

The authority may by resolution provide that:

  1. All moneys deposited by it are secured by obligations of the United States or of the state, of a market value equal at all times to the amount of the deposits, or
  2. By any securities in which savings banks may legally invest funds within their control or by an undertaking with sureties approved by the authority, faithfully to keep and pay over, upon the order of the authority, those deposits and agreed interest. All banks and trust companies are authorized to give security for those deposits.

History of Section. P.L. 1935, ch. 2255, § 23; G.L. 1938, ch. 344, § 23; G.L. 1956, § 45-27-20 .

45-27-21. Bonds as legal investments.

  1. Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys or other funds, belonging to them or within their control, in any bonds or other obligations issued by a housing authority pursuant to this chapter, or issued by any public housing authority or agency in the United States, when bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any of its agencies, and the bonds and other obligations are authorized security for all public deposits.
  2. It is the purpose of this chapter to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of bonds or other obligations; provided, that nothing contained in this chapter shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

History of Section. P.L. 1935, ch. 2255, § 24; G.L. 1938, ch. 344, § 24; P.L. 1939, ch. 726, § 3; G.L. 1956, § 45-27-21 .

Cross References.

Bonds issued for national defense housing project, § 45-30-5 .

Severability, § 45-25-33 .

Chapter 28 Extraterritorial Powers of Housing Authorities

45-28-1. Definitions.

As used in this chapter, the term “housing authority” means a housing authority established pursuant to the housing authorities law (chapters 25 — 27 of this title); and the term “governing body” means in the case of a city, the council, board, or other body charged with governing the city, and, in the case of a town, the town council.

History of Section. P.L. 1943, ch. 1274, § 1; G.L. 1956, § 45-28-1 .

45-28-2. City or town authority for extension of operations.

  1. For the purpose of cooperating with and assisting cities and towns, a housing authority may exercise its powers in the territory within the boundaries of any city or town not included in the area in which the housing authority is then authorized to function, or in any designated portion of that territory, after the governing body of the city or town, as the case may be, adopts an ordinance or resolution declaring that there is a need for the authority to function in the territory or in a designated portion of it.
  2. If a housing authority has previously been authorized to exercise its powers in the territory or designated portion, the ordinance or resolution shall not be adopted unless the housing authority finds that ultimate economy would thereby be promoted, and the housing authority shall not initiate any housing project in that territory or designated portion after the adoption of the ordinance or resolution.

History of Section. P.L. 1943, ch. 1274, § 1; G.L. 1956, § 45-28-2 .

Collateral References.

Validity, construction, and effect of statutes providing for urban redevelopment by private enterprise. 44 A.L.R.2d 1414.

45-28-3. Taking of real property for authority.

Any city or town may take real property located in it for a housing authority exercising its powers in the city or town, and the taking (and the conveyance of the property to the housing authority) shall be in the manner provided in §§ 45-29-13 45-29-32 ; provided, that in the case of a taking by a town, the functions prescribed in these sections for officers of a city shall be performed by the town council.

History of Section. P.L. 1943, ch. 1274, § 1; G.L. 1956, § 45-28-3 .

45-28-4. Powers supplementary.

The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law.

History of Section. P.L. 1943, ch. 1274, § 2; G.L. 1956, § 45-28-4 .

Chapter 29 Eminent Domain for Housing Authority Projects

45-29-1. Definitions.

Insofar as they are applicable, the definitions contained in § 45-25-3 are adopted as definitions for §§ 45-29-1 45-29-1 2.

History of Section. P.L. 1941, ch. 1030, § 6; G.L. 1956, § 45-29-1 .

Comparative Legislation.

Eminent domain:

Conn. Gen. Stat. § 8 — 50.

Mass. Ann. Laws ch. 121B, § 47.

45-29-2. Power of authority to take by eminent domain.

Any housing authority created under any housing authorities law, now in force or hereafter enacted, may take by eminent domain any land, or any interest in it, situated within the city or town where that authority is located, whenever it is judged by the authority that the acquisition of the land, or interest in it, is necessary for a housing project.

History of Section. P.L. 1941, ch. 1030, § 1; P.L. 1947, ch. 1860, § 2; G.L. 1956, § 45-29-2 ; P.L. 1964, ch. 15, § 1.

45-29-3. Resolution of necessity of acquisition — Statement of compensation estimated as just.

The necessity for an acquisition as described in § 45-29-2 shall be conclusively presumed upon the adoption by the housing authority of a resolution declaring that the acquisition of the land, or interest in it, described in the resolution is in the public interest and necessary for the public use, and that the land, or interest in it, is included in an approved project under the housing authority law. Within six (6) months, the authority shall cause to be filed in the land evidence records of the city, a copy of the resolution of the authority, together with a plat of the land, or interest in it described, and a statement, signed by the chairperson of the authority, that the land, or interest in it, is taken pursuant to the provisions of §§ 45-29-1 45-29-1 2. Thereupon, the authority shall file in the superior court in and for the county in which the land, or interest in it lies, a statement of the sum of money estimated by the authority to be just compensation for the land taken.

History of Section. P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-3 .

45-29-4. Vesting of title to land taken by authority.

Upon the filing of the copy of the resolution, plat, and statement in the land evidence records of the city, the filing in the superior court of the statement, as described in § 45-29-3 , and the depositing in the superior court, to the use of the persons entitled to this, of a sum that the court determines to be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its discretion, take evidence on the question to determine the sum to be deposited), title to the land, or interest in it, shall vest in the authority in fee simple absolute, and the authority thereupon may take possession of the land, or interest in it.

History of Section. P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-4 .

45-29-5. Service and publication of notice of taking of property.

No sum paid into the court pursuant to § 45-29-4 shall be charged with clerk’s fees of any nature. After the filing of the copy, plat, and statement, pursuant to § 45-29-4 , notice of the taking of the land, or interest in it, shall be served upon the owners of and persons having an estate in and interested in the land by the sheriff or his deputies of the county in which the land, or interest in it, lies, leaving a true and attested copy of the description and statement with each of those persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of those persons are absent from this state and have no last and usual place of abode in the state occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest in it, taken of the absent persons if they are known to the officer; and after the filing of the resolution, plat, and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper published in the county where the land, or interest in it, may be located at least once a week for three (3) successive weeks.

History of Section. P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-5 .

Collateral References.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

45-29-6. Payment of agreed price for land.

If any person agrees with the authority for the price of the land, or interest in it, taken pursuant to this chapter, the court, upon the application of the parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceeding.

History of Section. P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-6 .

45-29-7. Petition for jury assessment of damages.

Any owner of or persons entitled to any estate in or interested in any part of the land, or interest in it, taken pursuant to this chapter, who cannot agree with the authority for the price of the land, or interest in it, so taken in which he or she is interested as previously stated, may, within three (3) months after personal notice of the taking, or, if he or she has no personal notice, within one year from the first publication of the copy of the resolution and statement referred to in § 45-29-3 , apply by petition to the superior court in and for the county in which the land, or interest in it, lies, setting forth the taking of his or her land or interest in it, and praying for an assessment of damages by a jury.

History of Section. P.L. 1941, ch. 1030, § 2; G.L. 1956, § 45-29-7 .

45-29-8. Jury trial of damages — Payment.

Upon filing of the petition referred to in § 45-29-7 , the superior court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the authority by serving the chairperson of the authority with a certified copy of the petition, and may proceed after that notice to the trial; and the trial shall determine all questions of fact relating to the value of the land, or interest in it, and the amount thereof, and judgment shall be entered upon the verdict of the jury, and execution issued against the money so deposited in court and in default against any other property of the authority.

History of Section. P.L. 1941, ch. 1030, § 2; G.L. 1956, § 45-29-8 .

45-29-9. Consolidation of trials — Precedence in court.

In case two (2) or more conflicting petitioners make claim to the same land, or to any interests in it, or to different interests in the same parcel of land, the superior court, upon motion, shall consolidate their several petitions for trial at the same time by the same jury, and may frame all necessary issues for the trial. All proceedings taken pursuant to the provisions of §§ 45-29-1 45-29-1 2 shall take precedence over all other civil matters then pending before the court, or if the superior court in and for the county in which the land, or interest in it, lies, not in session in that county, then the petition may be heard in the superior court for the counties of Providence and Bristol.

History of Section. P.L. 1941, ch. 1030, § 2; G.L. 1956, § 45-29-9 ; P.L. 1988, ch. 84, § 108.

45-29-10. Representation of infants and people who are incompetent.

If any lands, or interests in them, in which any infant or other person not capable in law to act in his or her own behalf is interested, are taken by the authority under the provisions of §§ 45-29-1 45-29-1 2 the superior court, upon the filing of a petition by or in behalf of the infant or other person, may appoint a guardian ad litem for that infant or other person, and the guardian may appear and be heard in behalf of the infant or other person; and the guardian may also, with the advice and consent of the superior court and upon terms that the superior court may prescribe, release to the authority all claims for damages for the lands of the infant or other person or for any interests in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of an infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the infant or other person, may, before the filing of the petition, agree with the authority upon the amount of damages suffered by the infant or other person by any taking of his or her lands or of his or her interests in any lands and may, upon receiving that amount, release to the authority all claims of damages of the infant or other person for the taking.

History of Section. P.L. 1941, ch. 1030, § 3; G.L. 1956, § 45-29-10 .

45-29-11. Return of excess deposits to authority.

Whenever, from time to time, the housing authority has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order that the amount of the excess is repaid to the housing authority. Whenever the housing authority has satisfied the court that the claims of all persons interested in the land taken have been satisfied, the unexpended balance shall be paid immediately to the housing authority.

History of Section. P.L. 1941, ch. 1030, § 4; G.L. 1956, § 45-29-11 ; P.L. 2009, ch. 310, § 60.

45-29-12. Expediting proceedings — Taking of land devoted to other public use — “Owner” defined.

In any proceedings for the assessment of compensation and damages for land or interest in it taken or to be taken by eminent domain by an authority, the following provisions are applicable:

  1. At any time during the pendency of an action or proceeding, the authority or an owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon that application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
  2. If any of the land, or interest in it, included within the project is devoted to a public use, it may nevertheless be acquired, and the taking shall be effective, provided that no land, or interest in it, belonging to the city or to any government shall be acquired without its consent, and that no land or interest in it belonging to a public utility corporation may be acquired without the approval of the division of public utilities or other officer or tribunal having regulatory power over that corporation. Any land, or interest in it, already acquired by the authority may nevertheless be included within the taking for the purpose of acquiring any outstanding interests in the land.
  3. The term “owner”, as used in this section, includes a person having an estate, interest, or easement in the land to be acquired or a lien, charge, or encumbrance on it.

History of Section. P.L. 1941, ch. 1030, § 5; G.L. 1956, § 45-29-12 .

45-29-13. Power of city to take property for authority.

Any city from time to time may take real property located in it improved or unimproved, for an authority created by it under any housing authorities law of this state now in force or enacted in the future.

History of Section. P.L. 1935, ch. 2256, § 1; G.L. 1938, ch. 345, § 1; G.L. 1956, § 45-29-13 .

45-29-14. Resolutions of necessity for acquisition by city.

Before any city exercises the power of eminent domain, the authority requesting it must first adopt a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for the public use, and that the property is included in an approved project under the housing authorities law, and after the adoption by the city of a like resolution.

History of Section. P.L. 1935, ch. 2256, § 2; G.L. 1938, ch. 345, § 2; G.L. 1956, § 45-29-14 .

45-29-15. Agreement between city and authority as to payments to city.

An authority may petition the city which created it to institute proceedings under the provisions of §§ 45-29-13 45-29-32 to acquire property described in the petition which the authority certifies to be necessary for a project. If the petition is acted upon favorably by the city, there shall be a definite agreement entered into between the city and the authority in which shall be stated the amount to be paid by the authority to the city for the property, or in lieu of that, that the authority shall pay to the city all sums expended or required to be expended by the city in the acquisition of the property, and may require that the city receive, before proceeding with the acquisition of the property, assurances as to payment of reimbursement by the authority or otherwise as the city may deem advisable.

History of Section. P.L. 1935, ch. 2256, § 3; G.L. 1938, ch. 345, § 3; G.L. 1956, § 45-29-15 .

45-29-16. Maps and surveys filed by authority.

Upon the passage of a resolution by the city granting the petition, the authority shall cause two (2) surveys or maps of the property described in the petition to be made, one shall be filed in the land evidence records of the city and the other in the office of the authority. The filing of the surveys or maps shall be conclusive evidence of the acceptance by the authority of the terms and conditions of the resolution.

History of Section. P.L. 1935, ch. 2256, § 4; G.L. 1938, ch. 345, § 4; G.L. 1956, § 45-29-16 .

45-29-17. Payment of agreed price by city.

After the filing of surveys or maps, the city and any owner of, or person entitled to, any estate in, or interested in, any part of the land described in the filing, may agree upon the price of the property or easement or right in the property, and that price shall immediately be paid to the owner by the city upon suitable conveyance and/or release of the estate or interest to the city by the owner.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-17 .

45-29-18. Time allowed for commencement of condemnation proceedings by city.

The power to condemn shall not be exercised by the city unless proceedings to condemn have been begun by it within the next six (6) months after the filing of the surveys or maps as provided in § 45-29-16 .

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-18 .

45-29-19. Filing of plat and statement by city — Service and publication of notice.

  1. Subject to the previously stated provisions, the city shall commence proceedings to condemn by filing in the records of land evidence for the city, a description of the property to be taken and a plat of it, and a statement that the property is desired to be taken by condemnation pursuant to the provisions of §§ 45-29-13 45-29-32 , and shall simultaneously file in the office of the clerk of the superior court in and for the county in which the lands or any interest in the lands are located, a like description, plat, and statement, all of which shall be signed by the mayor of the city.
  2. Notice of the taking of the property desired to be condemned shall be served upon the owners of, and persons having an estate in, and interested in the land, by the city sergeant of the city, by leaving a true and attested copy of the description and statement with each of those persons personally, or at the last and usual place of abode of those persons, respectively, in this state, with some person living there; and in case those persons are absent from this state and/or have no last and usual place of abode in this state occupied by any person, or in case the whereabouts of any person shall be unknown to the city sergeant, the copies shall be left with the persons, if any, in charge of or having possession of the property, and another copy shall be mailed by the city sergeant postpaid to absent persons, at their last known addresses, respectively, to the extent that the addresses are known to the city sergeant.
  3. Upon the filing of the description, plat, and statement, the city clerk shall cause them to be published in some newspaper published in the city, or if none, then in some newspaper published in the county, in which the lands are located, at least twice a week for three (3) successive weeks.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-19 .

45-29-20. Notice of hearing on property taken by city.

Upon the filing in the office of the clerk of the superior court of the description, plat, and statement referred to in § 45-29-19 , the court shall enter an order fixing the time when, and the place where, all persons interested in the land or any interest or estate in the land, in the description, plat, or statement set forth, may appear before the court and be heard with reference to the taking of the land, (but not later than fifteen (15) days from the filing), and the hearing shall take precedence over all other civil matters pending before the court, or if the superior court not in session in that county, in the superior court for the counties of Providence and Bristol. The clerk of the court for the county in which the land lies, shall then issue notice directed to the persons interested in the land or any interest or estate in it, containing a summary in substance of the description, plat, and statement so filed and a copy of the court order, all of which shall be served by publication for a time and in a newspaper or newspapers that the court prescribes, and in any other manner that the court may direct.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-20 .

45-29-21. Determination of necessity — Appointment and fees of appraisers.

At the time and place mentioned in the notice, or at any adjournment ordered by the court, the court after hearing the interested parties, and who may appear and desire to be heard, shall first determine whether the lands or the respective interests or estates in the lands in the description, plat, and statement set forth, are necessary or convenient to the city for the purposes specified in this chapter, and if it determines that the lands or any interests or estate in them are necessary or convenient, the court shall appoint the attorney general of the state of Rhode Island and two (2) wholly disinterested persons eminently skilled in the values or valuations of real estate in the locality of the real estate sought to be condemned, but not resident in that city, to serve as appraisers to value and estimate the damages sustained by reason of the taking, and the damages, if any, to the remainder of any land of any owner or of any interest therein, not taken. Vacancies among the appraisers shall be filled by the superior court upon application of any interested party and upon any notice that the court may direct. Their fees for services shall be fixed by the court and paid by the city.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-21 .

45-29-22. Proceedings and report by appraisers.

The appraisers appointed pursuant to § 45-29-21 , after being sworn to the faithful performance of their duties, shall immediately view the premises, and within fourteen (14) days of appointment, and after notice as the superior court may prescribe, proceed to hear the parties in interest as to their respective damages for the taking, and if the taking is less than the whole, then the damages to the remainder by reason of the taking. Within thirty (30) days after the commencement of hearings, or any longer period that the court may permit, the appraisers, or a majority of them, shall file in the office of the clerk of the superior court for the county where the land lies, a written report of their doings and their estimate of the damages so sustained, stating the names of the owners, and a brief description of their respective rights and interests taken, and damages consequent thereon.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-22 .

45-29-23. Deposit of appraisal amounts by city — Vesting of title.

  1. The clerk of the court, in which the report described in § 45-29-22 is filed, shall give written notice to the city of the filing of the report, and the city shall, within ten (10) days or within a longer time, not exceeding thirty (30) days, that the court may fix, pay into the registry of the court for the county in which the land or any interest in the land is taken the total damages mentioned in the report, attributable to the taking, and thereupon the title to the lands and to the interests, for which payment into court has been made by the city, shall vest in the city.
  2. In the event that the city does not, within those ten (10) days or a longer period, not exceeding thirty (30) days, that the court shall fix, pay any amount for any given piece of land or interest in the land, into the registry of the court when so required, the proceedings relative thereto become null and void and the city shall not have any right in, nor any right to take, the land or interest in it.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-23 .

45-29-24. Notice of appraisers’ report and payments to owners — Trial of objections to report.

  1. Upon payment into court as previously stated of the several amounts estimated by the appraisers or by a majority of them, to be due respectively to the several owners, the clerk of the court shall immediately give notice as the court may order, to all parties claiming damages or any interest in them, of the filing of the report, notifying each of them to file within ten (10) days after service of notice as the court directs, if he or she sees fit, his or her objection to the report.
  2. If, at the end of the period of ten (10) days, no objection is filed either by the city or by the owner with respect to the appraisal of his or her lands or his or her interest in them, the superior court shall, upon motion of the owner or of the city, order the amount of the award paid to the owners, and the payment shall be in full satisfaction of damages sustained by the taking. If at the end of that period, objection has been filed, the court shall nevertheless, after hearing the parties, order paid over to the owner of the land or interest in it, seventy-five percent (75%) of the amount of the appraisal of the land or interest, which sum, when paid, shall be irrecoverable, but without prejudice to the rights of the owner to sue for, and recover, any deficiency.
  3. The objections to the report of the appraisers shall stand for trial and be tried in every respect as other civil actions, including the right to except to rulings, to apply for new trial for cause, and to prosecute exceptions in the supreme court, but if the appellant in those proceedings shall not obtain a gross award more favorable to the appellant than the award of the appraisers, the appellant shall pay the costs of the adverse party, unless otherwise ordered by the court. If the appellant obtains therein a gross award more favorable than the award of the appraisers, the appellant shall recover his or her costs from the adverse party unless otherwise ordered by the court; but costs exclude fees of counsel.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-24 .

NOTES TO DECISIONS

In General.

It was not error to exclude testimony as to witness’s qualifications in fixing valuation of land dissimilar to that of land in question. Cooper v. Housing Auth., 105 R.I. 126 , 249 A.2d 904, 1969 R.I. LEXIS 727 (1969).

45-29-25. Confirmation of appraisers’ report — Use of deposit — Execution.

  1. The report of the appraisers, after being so corrected in case of an appeal as to conform to the findings on appeal, shall be confirmed, and, thereupon, execution or executions shall issue accordingly, as upon a judgment in due course of law, with interest, at the rate of six percent (6%) per annum from the date when the city became entitled to enter upon and take possession of and use the land or interest or estate in it.
  2. The balance, if any, of any sum of money in the registry of the court after the payment to any claimant objecting, of the sum of seventy-five percent (75%) of the appraised value of his or her property condemned remains in the registry of the court, subject to its further order, and shall be ordered used in satisfaction of any unpaid part of final awards, respectively, with interest and costs, to the extent required. If the balance is insufficient, then execution shall issue against the city for the deficiency. Any excess not otherwise required shall be ordered repaid to the city or the authority depositing it. To avoid conflicting executions, the court may order executions to be issued in adjusted amounts.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-25 .

45-29-26. Representation of infants and people who are incompetent.

When the lands or any interest or estate in them in which any infant or other person not capable in law to act in his or her own behalf, or unascertained or not in being, is interested, are taken by the city under the provisions of §§ 45-29-13 45-29-32 the court, before which the proceedings for the taking are pending, may appoint a guardian ad litem or other representative for the infant or other person not in being or unascertained, and the guardian or representative may appear and be heard in behalf of the infant or other person at any stage of the proceedings. The guardian or representative may also, with the advice and consent of the court appointing him or her, release to the city all claims for damages for the lands of the infant or other person or for any interests or estate taken in them.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-26 .

45-29-27. Deposits to cover disputed title.

If there is any dispute to the title of any lands or interests or estates in them taken under the provisions of §§ 45-29-13 45-29-32 or as to the persons entitled to receive the damages awarded for the taking, or the person entitled to receive the damages is unascertained or not in being, the city may pay the damages into the registry of the court, before which the proceedings are pending, with the same effect as to the title of the city to the lands or interests or estates in them as though the damages had been paid to the person or persons entitled to receive the damages. These sums shall be held in the registry of the court, subject to its further order upon proper application as justice may require.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-27 .

45-29-28. Consolidation of trial of conflicting claims.

In the case of conflicting claims of ownership by two (2) or more claimants, the court may consolidate those claims and order them tried at the same time and by the same jury, and may frame all necessary issues for the trial. By agreement of parties, jury trial may be expressly waived.

History of Section. P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-28 .

45-29-29. Access of city and appraisers to property taken.

After the filing by the city of the surveys and maps mentioned in § 45-29-16 , the city, its agents, and servants, may enter upon the premises included in them, for the purpose of making necessary surveys, examinations, estimates, and calculations, but always with the least possible annoyance to, and disturbance of, the owners and occupants thereof and their normal use and enjoyment of the premises, without in any instance being liable for trespass. Likewise, the appraisers, when appointed, their servants, agents, employees, and other persons as may be designated by the court, may enter upon the premises and examine every part of the premises to the extent required for a complete appraisal of the premises, but always with the least possible annoyance to, and disturbance of, the owners and occupants of the premises and their normal use and enjoyment of the premises, without in any instance being liable for trespass.

History of Section. P.L. 1935, ch. 2256, § 6; G.L. 1938, ch. 345, § 6; G.L. 1956, § 45-29-29 .

45-29-30. Conveyance to authority of property condemned by city.

The city shall transfer and convey to the authority all real property acquired by the city by condemnation for the authority, upon the authority paying to the city the amount agreed upon by the city and authority, or in the absence of an agreement, then upon paying all sums expended by the city in the acquisition of the property to be conveyed to the authority.

History of Section. P.L. 1935, ch. 2256, § 3; G.L. 1938, ch. 345, § 3; G.L. 1956, § 45-29-30 .

45-29-31. Taking of excess land — Disposition on completion of project.

Whenever any property is acquired pursuant to the provisions of §§ 45-29-13 45-29-32 for any project or projects, a city may acquire, or take in fee, more land and property than is needed for the actual project or projects; provided, that the additional land and property authorized to be acquired or taken, is no more than is reasonably required for the protection and suitable development of the project or projects. The excess land and property shall be included in the description, plat, and statement referred to in § 45-29-19 , and shall be taken with the other land included in the description, plat, and statement. After so much of the land and property has been appropriated for the project or projects as is needed, the excess land and property so taken in fee may be held and improved by the authority for any one of its purposes authorized under the housing authorities law, or may be leased, sold, or otherwise disposed of by the authority with or without restrictions. In the case of a lease, sale, or disposition, the person or persons from whom the additional land and property was taken shall have the first right to purchase, lease, or acquire it upon terms and conditions as the city or authority is willing to sell, lease, or dispose of it.

History of Section. P.L. 1935, ch. 2256, § 7; G.L. 1938, ch. 345, § 7; G.L. 1956, § 45-29-31 .

45-29-32. Evidence of value — Expediting proceedings — Increased value — Property devoted to other public use-“Owner” defined.

In any proceedings for the assessment of compensation and damages for property taken or to be taken by eminent domain for an authority, the following provisions are applicable:

  1. Evidence of the price and other terms, upon any sale, or the rent reserved and other terms, upon any lease or tenancy, relating to any of the property taken or to be taken, or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the trial, is admissible on direct examination.
  2. At any time during the pendency of an action or proceeding, a city or an owner may apply to the court for an order directing an owner or the city, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon that application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
  3. For the purposes of §§ 45-29-13 45-29-32 the award of compensation shall not be increased by reason of any increase in the value of the property caused by the clearance, reconstruction, or proposed clearance or reconstruction under §§ 45-29-13 45-29-32 of the property or of the area in which the property is situated. No allowance shall be made for improvements begun on property, after notice to the owner of the property, of the institution of the proceeding to condemn the property.
  4. The facts may be proved bearing upon the unsanitary, illegal, or substandard condition of the premises notwithstanding that no steps have been taken by the department or offices having jurisdiction with a view to remedying or abating those conditions.
  5. If any of the property included within the project is devoted to a public use, it may nevertheless be acquired, provided that no property belonging to the city or to any government may be acquired without its consent, and that no property belonging to a public utility corporation may be acquired without the approval of the division of public utilities or other officer or tribunal having regulatory power over the corporation.
  6. The term “owner”, as used in this section, includes a person having an estate, interest, or easement in the property to be acquired or a lien, charge, or encumbrance on the property.

History of Section. P.L. 1935, ch. 2256, § 8; G.L. 1938, ch. 345, § 8; G.L. 1956, § 45-29-32 .

Chapter 30 National Defense Housing Projects

45-30-1. Declaration of purpose.

It is found and declared that the national defense involves large increases in the military forces and personnel in this state, a great increase in the number of workers in already established industries and activities, and the bringing of a large number of workers and their families to new defense industries and activities in the state; that there exists or impends an acute shortage of safe and sanitary dwellings available to these persons and their families in this state which impedes national defense; that it is imperative that action be taken immediately to assure the availability of safe and sanitary dwellings for these persons to enable the rapid expansion of national defense activities in this state, and to avoid a large labor turnover in defense industries which would seriously hamper their production; that the provisions hereinafter enacted are necessary to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities; and that these provisions are for the public use and purpose of facilitating national defense in this state. It is further declared to be the purpose of this chapter to authorize housing authorities to do any and all things necessary or desirable to secure the financial aid of the federal government, or to cooperate with or act as agents or lessees of the federal government, in the expeditious development or administration of projects to assure the availability, when needed, of safe and sanitary dwellings for persons engaged in national defense activities, and to make projects available to servicemen and returning veterans consistent with national defense.

History of Section. P.L. 1951, ch. 2763, § 1; G.L. 1956, § 45-30-1 .

45-30-2. Definitions.

The following terms, wherever used or referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears from the context:

  1. “Administration” means any and all undertakings necessary for management, operation, or maintenance, in connection with any project, and includes the leasing of any project (in whole or in part) from the federal government.
  2. “Development” means any and all undertakings necessary for the planning, land acquisition, demolition, financing,

    construction, or equipment in connection with a project (including the negotiation or award of contracts), and includes the acquisition of any project (in whole or in part) from the federal government.

  3. “Federal government” means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
  4. “Housing authority” means any housing authority created or established or hereafter created or established under the provisions of the Housing Authorities Law, chapters 25 — 27 of this title, or under the provisions of §§ 45-30-7 45-30-9 .
  5. The development of a project is deemed to be “initiated” if a housing authority has issued any bonds, notes, or other obligations with respect to financing the development of that project of the housing authority, or has contracted with the federal government with respect to the exercise of powers under this chapter in the development of that project of the federal government.
  6. “National defense period” means the period, as determined by a housing authority (which determination is conclusive in any suit, action, or proceeding), during which there exists or impends in the locality an acute shortage of safe and sanitary dwellings for persons engaged in national defense activities.
  7. “Persons engaged in national defense activities” include: persons in the military service of the United States; employees of the Department of Defense; and workers engaged or to be engaged in activities connected with and essential to national defense; and the families of those persons who are living with them.

History of Section. P.L. 1951, ch. 2763, § 7; G.L. 1956, § 45-30-2 .

45-30-3. Powers of authority in development and administration of defense housing — Law applicable.

Any housing authority may undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities; provided, that a housing authority shall not initiate the development of that project pursuant to this chapter except during a national defense period as defined in § 45-30-2 ; and, provided, further, that a housing authority shall not administer, pursuant to this chapter, any project the construction and equipment of which was completed prior to December 16, 1950, and admission to which as of that date was limited to persons or families of low income. In the ownership, development, or administration of those projects, a housing authority shall have all the rights, powers, privileges, and immunities that the authority has under any provisions of law relating to the ownership, development, or administration of slum clearance and housing projects for persons of low income, in the same manner as though all the provisions of law applicable to slum clearance and housing projects for persons of low income were applicable to projects developed or administered to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities as provided in this chapter, and housing projects developed or administered under this chapter shall constitute “housing projects” under the Housing Authorities Law, chapters 25 — 27 of this title, as that term is used therein; provided, that during the national defense period any project developed or administered by the housing authority (or by any housing authority cooperating with it) in that area, pursuant to this chapter, shall not be subject to the provisions of the Housing Authorities Law or of any other law except provisions enacted expressly referring to this section relating to rentals of, preferences or eligibility for admission to, occupancy of, eviction from, payments in lieu of taxes with respect to, or equivalent elimination of substandard dwellings in connection with the provision of, those dwellings. During the national defense period, a housing authority may make payments, in amounts it finds necessary or desirable, in lieu of taxes, and for any services, facilities, works, privileges, or improvements furnished for or in connection with those projects. During periods other than national defense periods, any projects owned by a housing authority shall be administered in accordance with the provisions of the Housing Authorities Law or other applicable federal or state laws and in accordance with any contracts with the federal government or with state public bodies relating to those projects, and any projects owned by the federal government may be administered in accordance with federal law.

History of Section. P.L. 1951, ch. 2763, § 2; G.L. 1956, § 45-30-3 .

45-30-4. Cooperation of state public bodies.

Any state public body, as defined in the Housing Authorities Law, chapters 25 — 27 of this title has the same rights and powers to cooperate with housing authorities, or with the federal government, with respect to the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities, or to provide housing for service personnel and returning veterans and their families, that the state public body has pursuant to that law for the purpose of assisting the development or administration of slum clearance or housing projects for persons of low income.

History of Section. P.L. 1951, ch. 2763, § 3; G.L. 1956, § 45-30-4 .

Cross References.

Cooperation by public bodies in housing authority projects, § 45-25-24 .

45-30-5. Bonds as legal investments.

Bonds or other obligations issued by a housing authority for a project developed or administered pursuant to this chapter are legal investments to the same extent and for the same persons, institutions, associations, corporations, bodies, and officers as bonds or other obligations issued pursuant to the Housing Authorities Law, chapters 25 — 27 of this title, for the development of a slum clearance or housing project for persons of low income.

History of Section. P.L. 1951, ch. 2763, § 4; G.L. 1956, § 45-30-5 .

Cross References.

Housing authority bonds as legal investments, § 45-27-21 .

45-30-6. Validation of prior agreements.

All bonds, notes, contracts, agreements, and obligations of housing authorities issued or entered into before May 1, 1951, relating to financing or undertaking (including cooperating with or acting as agent of the federal government in) the development or administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities, are hereby validated and declared legal in all respects, notwithstanding any defect or irregularity or any want of statutory authority.

History of Section. P.L. 1951, ch. 2763, § 5; G.L. 1956, § 45-30-6 .

45-30-7. Independent authorization — Restrictions of other laws inapplicable.

This chapter constitutes an independent authorization for a housing authority to undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities, as provided in this chapter, and to administer those projects, consistent with national defense needs, to house service personnel and returning veterans and their families. In exercising any powers or carrying out any authorization contained in this chapter, a housing authority is not subject to any limitations, restrictions, or requirements of other laws (except those relating to land acquisition) prescribing the procedure or action to be taken in the development or administration of any public works, including slum clearance and housing projects for persons of low income or undertakings or projects of municipal or public corporations or political subdivisions or agencies of the state, and may in its discretion, comply with any conditions, not inconsistent with the purposes of this chapter, required by the federal government pursuant to federal law in any contract relating to projects developed or administered under this chapter.

History of Section. P.L. 1951, ch. 2763, § 6; G.L. 1956, § 45-30-7 .

45-30-8. Cooperation with federal government.

A housing authority may exercise any or all of its powers, and may do any and all other things necessary or desirable to cooperate with or secure the financial aid of the federal government in the expeditious development or in the administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities and to house servicemen and returning veterans and their families, to act as agent or lessee for the federal government in the development or administration of those projects by the federal government, and to effectuate the purposes of this chapter.

History of Section. P.L. 1951, ch. 2763, § 6; G.L. 1956, § 45-30-8 .

45-30-9. Determination of housing shortage by council.

A housing authority may function upon a finding or determination by the governing body (which finding or determination is in lieu of any finding or determination required by the Housing Authorities Law, chapters 25 — 27 of this title, and is conclusive in any suit, action, or proceeding) that there exists or impends in the locality an acute shortage of safe and sanitary dwellings available to persons engaged in national defense activities.

History of Section. P.L. 1951, ch. 2763, § 6; G.L. 1956, § 45-30-9 .

45-30-10. Powers supplementary.

The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law, and nothing contained in this chapter shall be construed as limiting any other powers of a housing authority.

History of Section. P.L. 1951, ch. 2763, § 8; G.L. 1956, § 45-30-10 .

45-30-11. Severability.

Notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this chapter, or the application thereof to any persons or circumstances, is held invalid, the remainder of the chapter and the application of that provision to persons or circumstances other than those as to which it is held invalid, shall not be affected.

History of Section. P.L. 1951, ch. 2763, § 9; G.L. 1956, § 45-30-11 .

Chapter 31 Redevelopment Agencies

45-31-1. Short title.

Chapters 31 — 33 of this title shall be known and may be cited as the “Redevelopment Act of 1956”.

History of Section. P.L. 1956, ch. 3654, § 1; G.L. 1956, § 45-31-1 .

Comparative Legislation.

Redevelopment:

Conn. Gen. Stat. § 8 — 124 et seq.

Mass. Ann. Laws ch. 121A, §§ 1 — 19.

45-31-2. Finding as to existence of substandard areas.

It is found and declared that there exist in many communities in this state blighted and substandard areas, as defined in § 45-31-8 , which constitute community liabilities requiring redevelopment in the interest of the health, safety, morals, and general welfare of the communities in which they exist and of the people of this state generally.

History of Section. P.L. 1956, ch. 3654, § 2; G.L. 1956, § 45-31-2 .

45-31-3. Findings as to dangers from substandard areas.

It is further found:

  1. That the existence of blighted and substandard areas constitutes a serious and growing menace which is injurious and inimical to the public health, safety, morals, and welfare of the people of the communities in which they exist and of the people of the state generally;
  2. That these areas present difficulties and handicaps which are beyond remedy and control solely by regulatory process in the exercise of the police power;
  3. That these areas contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for crime prevention, correction, prosecution and punishment, the treatment of juvenile delinquency, the preservation of the public health and safety, and the maintaining of adequate police, fire, and accident protection, and other public services and facilities;
  4. That this menace is becoming increasingly direct and substantial in its significance and effect;
  5. That these areas prevent the provision of critically needed standard living and working accommodations;
  6. That the retardation of housing improvement and other essential community development is a direct and immediate result of these blighted and substandard areas;
  7. That conditions of blight tend to foster the spread of these conditions to other areas; and
  8. That the benefits which will result from the remedying of these conditions and the redevelopment of these blighted and substandard areas will accrue to all the inhabitants and property owners of the communities in which they exist and to the inhabitants of this state generally.

History of Section. P.L. 1956, ch. 3654, § 2; G.L. 1956, § 45-31-3 .

45-31-4. Finding of obstacles to private redevelopment.

It is further found and declared:

  1. That it is impossible for private enterprise alone to remedy these conditions of blight without the additional aids granted by this chapter;
  2. That these blighted and substandard conditions tend to further obsolescence, deterioration, and disuse because of the lack of incentive to the individual landowner and his or her inability to improve, modernize, or rehabilitate his or her own particular property while the condition of other neighborhood properties remains unchanged;
  3. That, as a consequence, the process of deterioration of a blighted and substandard area frequently cannot be halted or corrected except by redevelopment of the entire area, or portions of the area; and
  4. That in many instances the private assembly of the lands in blighted and substandard areas for the purposes of replanning and redevelopment is so difficult and costly that it is uneconomical and, as a practical matter, impossible for individual owners independently or collectively to undertake to remedy these conditions because of the lack of the legal power necessary for, and the excessive costs involved in, the private assembly and improvement of the real property of the area.

History of Section. P.L. 1956, ch. 3654, § 3; G.L. 1956, § 45-31-4 .

45-31-5. Declaration as to methods to be used in redevelopment.

It is further found and declared that in certain blighted and substandard areas, or portions of these areas, the physical conditions of the area and the area’s relationship to the general plan for the community may be that the total public acquisition, clearance, and disposition of the entire area or an extensive portion of it may be necessary to accomplish the purposes of chapters 31 — 33 of this title; that other blighted and substandard areas, or portions of them, may be susceptible to rehabilitation and improvement to standard conditions, and the purposes of these chapters may be accomplished by the coordinated application of regulatory controls, together with redevelopment measures, short of total or extensive clearance of the entire area or portions of it.

History of Section. P.L. 1956, ch. 3654, § 4; G.L. 1956, § 45-31-5 .

45-31-6. Public policy to assist in redevelopment.

It is declared to be the policy of this state to protect and promote the health, safety, morals, and general welfare of the people of the state, and particularly of the people of the communities of the state in which blighted and substandard areas exist, by the elimination and prevention of these areas through the utilization of all means appropriate for that purpose, thereby encouraging the provision of healthful homes, a decent living environment, and adequate places for employment of the people of this state and its communities in these areas through redevelopment. Moreover, it is the policy of this state to empower a redevelopment agency in a community of this state to acquire, by purchase or condemnation, properties in violation of the locality’s or city’s minimum housing code and transfer ownership of those properties to a limited equity housing cooperative incorporated in this state for the provision of adequate housing for low and/or moderate income residents. To this end it is declared that the powers conferred by chapters 31 — 33 of this title are necessary to effectuate the purposes of these chapters and are for public uses and purposes for which the power of eminent domain may be exercised, tax moneys and other public funds expended, and public credit pledged.

History of Section. P.L. 1956, ch. 3654, § 5; G.L. 1956, § 45-31-6 ; P.L. 1986, ch. 256, § 6.

NOTES TO DECISIONS

Electric Facilities.

The statutes expressly authorize agencies to enter into contracts with public utilities for electric facilities, including the power to enter into contracts to cause a public utility to place its lines underground. Newport Elec. Corp. v. Redevelopment Agency of Newport, 116 R.I. 22 , 351 A.2d 590, 1976 R.I. LEXIS 1237 (1976).

Eminent Domain.

Redevelopment agencies created in accordance with former law are not within the scope of R.I. Const., Art. VI, Sec. 14 , limiting the granting of eminent domain to private corporations. Opinion to Governor, 76 R.I. 249 , 69 A.2d 531, 1949 R.I. LEXIS 112 (1949).

45-31-7. Purposes of chapters.

It is declared that the purposes of chapters 31 — 33 of this title are the elimination and prevention of blighted and substandard areas and their replacement through redevelopment by well-planned, integrated, stable, safe, and healthful neighborhoods in the manner and by the means provided in these chapters, thereby carrying out the policy of this state, as declared in § 45-31-6 .

History of Section. P.L. 1956, ch. 3654, § 6; G.L. 1956, § 45-31-7 .

NOTES TO DECISIONS

Bad Faith.

Where neither the redevelopment agency nor the city council made the requisite findings of fact to support a conclusion that a parcel of land was a “blighted and substandard area” which required redevelopment by the city, and where the court concluded that the council and mayor acted in bad faith, taking notice of the fact that as the city contested the summary judgment motion the mayor was willing to announce publicly the commercial development of the parcel at issue, there were no genuine issues of material fact as to the condemnation of the parcel and the motion for summary judgment filed by the plaintiff was granted. Capital Props. v. State, 749 A.2d 1069, 1999 R.I. LEXIS 222 (1999).

45-31-8. Definitions.

The following definitions and general provisions govern the construction of chapters 31 — 33 of this title:

  1. “Agency” means a redevelopment agency created by this chapter.
  2. “Arrested blighted area” means any area that, by reason of the existence of physical conditions, including, but not by way of limitation, the existence of unsuitable soil conditions, the existence of dumping or other unsanitary or unsafe conditions, the existence of ledge or rock, the necessity of unduly expensive excavation, fill or grading, or the necessity of undertaking unduly expensive measures for the drainage of the area or for the prevention of flooding or for making the area appropriate for sound development, or by reason of obsolete, inappropriate, or otherwise faulty platting or subdivision, deterioration of site improvements, inadequacy of utilities, diversity of ownership of plots, or tax delinquencies, or by reason of any combination of any of the foregoing conditions, is unduly costly to develop soundly through the ordinary operations of private enterprise and impairs the sound growth of the community. An arrested blighted area need not be restricted to, or consist entirely of, lands, buildings, or improvements that, of themselves, fall within this definition, but may consist of an area in which these conditions exist and injuriously affect the entire area.
  3. “Blighted and substandard area” includes a “slum blighted area,” a “deteriorated blighted area,” or an “arrested blighted area,” or any combination of these areas. “Blighted and substandard area” shall also include those areas where hazardous materials, as defined in § 23-19.14-3 , are present, regardless of whether or not the entire area contains the hazardous materials.
  4. “Bonds of agency” means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to §§ 45-33-5 45-33-15 .
  5. “Community” means a city or town.
  6. “Deteriorated blighted area” means any area in which there exists buildings or improvements, either used, or intended to be used, for living, commercial, industrial, or other purposes, or any combination of these uses, that by reason of:
    1. Dilapidation, deterioration, age, or obsolescence;
    2. Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities;
    3. High density of population and overcrowding;
    4. Defective design or unsanitary or unsafe character or conditions of physical construction;
    5. Defective or inadequate street and lot layout; and
    6. Mixed character, shifting, or deterioration of uses to which they are put, or any combination of these factors and characteristics, are conducive to the further deterioration and decline of the area to the point where it may become a slum blighted area as defined in subdivision (18), and are detrimental to the public health, safety, morals, and welfare of the inhabitants of the community and of the state generally. A deteriorated blighted area need not be restricted to, or consist entirely of, lands, buildings, or improvements which of themselves are detrimental or inimical to the public health, safety, morals, or welfare, but may consist of an area in which these conditions exist and injuriously affect the entire area.
  7. “Federal government” means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
  8. “Legislative body” means the city council or town council.
  9. “Obligee of the agency” or “obligee” include any bondholder, trustee or trustees for any bondholder, or lessor demising to the agency property used in connection with a redevelopment project or any assignee or assignees of that lessor, and the federal government.
  10. “Planning commission” or “commission” means a planning commission or other planning agency established under any state law or created by or pursuant to the charter of the community.
  11. “Project area” means all or any portion of a redevelopment area. A project area may include lands, buildings, or improvements which of themselves are not detrimental or inimical to the public health, safety, morals, or welfare, or otherwise fall within the definition of a “blighted or substandard area,” but whose inclusion is necessary, with or without change in their conditions or ownership, for the effective redevelopment of the area of which they are a part.
  12. “Public hearing” means a hearing before a legislative body or before any committee of the legislative body to which the matter to be heard has been referred.
  13. “Real property” means lands, including lands underwater and waterfront property, buildings, structures, fixtures, and improvements to the lands, and every estate, interest, privilege, easement, franchise and right, legal or equitable, including rights of way, terms for years and liens, charges or encumbrances by way of judgment, attachment, mortgage, or otherwise, and the indebtedness secured by liens.
  14. “Redevelopment” means the elimination and prevention of the spread of blighted and substandard areas. Redevelopment may include the planning, replanning, acquisition, construction, rehabilitation, improvement, furnishing, equipping, clearance, sale, lease, or other disposition, or any combination of these, of land, buildings, or other improvements for residential, recreational, commercial, industrial, institutional, public, or other purposes, including the provision of streets, utilities, recreational areas, and other infrastructure and other open spaces consistent with the needs of sound community growth in accordance with the community’s general plan and carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements, and may include such other acts within a redevelopment area permitted pursuant to chapters 31 through 33, inclusive, of this title as determined by the legislative body to be consistent with the purposes of chapters 31 through 33, inclusive, of this title.
  15. “Redevelopment area” means any area of a community that its legislative body has determined includes a blighted and substandard area whose redevelopment is necessary to effectuate the public purposes declared in this chapter.
  16. “Redevelopment plan” means a plan, as it exists from time to time, for a redevelopment project, that:
    1. Conforms to the general plan for the community as a whole; and
    2. Is sufficiently complete to indicate land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the project area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan’s relationship to definite local objectives, respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
  17. “Redevelopment project” means any work or undertaking of an agency pursuant to chapters 31 — 33 of this title.
  18. “Slum blighted area” means any area in which there is a predominance of buildings or improvements, either used or intended to be used for living, commercial, industrial, or other purposes, or any combination of these uses, which by reason of: (i) Dilapidation, deterioration, age, or obsolescence; (ii) Inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; (iii) High density of population and overcrowding; (iv) Defective design or unsanitary or unsafe character or condition of physical construction; (v) Defective or inadequate street and lot layout; and (vi) Mixed character or shifting of uses to which they are put, or any combination of these factors and characteristics, are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; injuriously affect the entire area and constitute a menace to the public health, safety, morals, and welfare of the inhabitants of the community and of the state generally. A slum blighted area need not be restricted to, or consist entirely of, lands, buildings, or improvements that of themselves are detrimental or inimical to the public health, safety, morals, or welfare, but may consist of an area in which these conditions predominate and injuriously affect the entire area.
  19. “State government” means the state of Rhode Island, or any agency or instrumentality of the state, corporate or otherwise.
  20. “State public body” means the state, or any city or town or any other subdivision or public body of the state or of any city or town.

History of Section. P.L. 1956, ch. 3654, §§ 7-23; G.L. 1956, § 45-31-8 ; P.L. 1958, ch. 180, § 1; P.L. 2006, ch. 347, § 1; P.L. 2006, ch. 466, § 1; P.L. 2009, ch. 310, § 61; P.L. 2018, ch. 103, § 2.

Severability.

P.L. 2018, ch. 103, § 5 provides: “The provisions of this act are severable, and if any of its provisions are held unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.”

NOTES TO DECISIONS

Bad Faith.

Where neither the redevelopment agency nor the city council made the requisite findings of fact to support a conclusion that a parcel of land was a “blighted and substandard area” which required redevelopment by the city, and where the court concluded that the council and mayor acted in bad faith, taking notice of the fact that as the city contested the summary judgment motion the mayor was willing to announce publicly the commercial development of the parcel at issue, there were no genuine issues of material fact as to the condemnation of the parcel and the motion for summary judgment filed by the plaintiff was granted. Capital Props. v. State, 749 A.2d 1069, 1999 R.I. LEXIS 222 (1999).

Public Use.

Clearance, replanning, redevelopment, rehabilitation and improvement of an “arrested blighted area” as that term is set forth in this section constitutes a public use and is constitutionally permissible. Romeo v. Cranston Redevelopment Agency, 105 R.I. 651 , 254 A.2d 426, 1969 R.I. LEXIS 802 (1969).

Redevelopment.

City agency was not authorized pursuant to R.I. Gen. Stat. § 45-32-5(a)(4) to acquire property that the city could not timely purchase and which the State had agreed to sell to the company if the city declined to exercise its option under R.I. Gen. Laws § 37-7-3 to purchase the property first. The property, which was commercial waterfront property, was not redevelopment property pursuant to R.I. Gen. Laws § 45-31-8(3) , because it was not in a blighted or substandard area, and the city agency specifically existed to redevelop blighted or substandard areas. Tidewater Realty, LLC v. State, 942 A.2d 986, 2008 R.I. LEXIS 24 (2008).

45-31-9. Agencies created.

  1. There is created in each community a redevelopment agency to be known as the redevelopment agency of the community.
  2. Redevelopment agencies may also be created by public law for the purposes of exercising the powers set forth in chapters 31-33 of this title, provided an ordinance of the legislative body of the community authorizes the exercise of the provisions of the public law for the purposes of these chapters. The provisions of §§ 45-31-12 , 45-31-13 , 45-31-14 , 45-31-15 , and 45-31-21 that are inconsistent with such a public law shall be deemed to be superseded by the public law and not applicable to the redevelopment agency thereby created, upon adoption ordinance putting into effect the purposes of the public law. Where authorized by such a special act, the term “blighted area and substandard area” shall be deemed to include areas where the presence of hazardous materials, as defined in § 23-19.14-2 , impairs the use, reuse, or redevelopment of impacted sites.

History of Section. P.L. 1956, ch. 3654, § 28; G.L. 1956, § 45-31-9 ; P.L. 2003, ch. 344, § 4; P.L. 2003, ch. 345, § 4; P.L. 2009, ch. 310, § 61.

45-31-10. Resolution of need required for agency to function.

The agency of any community shall not transact any business or exercise any powers under chapters 31 — 33 of this title unless and until the legislative body of the community shall, by resolution declare at any time, that there is a need for a redevelopment agency to function in that community.

History of Section. P.L. 1956, ch. 3654, § 29; G.L. 1956, § 45-31-10 .

Cross References.

Extraterritorial power of agencies, §§ 45-32-45 , 45-32-46 .

45-31-11. Resolution conclusive as to capacity of agency.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to any contract by or on behalf of an agency, the agency is conclusively deemed to be become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the legislative body declaring the need for the redevelopment agency to function.

History of Section. P.L. 1956, ch. 3654, § 30; G.L. 1956, § 45-31-11 .

45-31-12. Appointment and compensation of agency members.

When the legislative body of a community first adopts a resolution as provided for in § 45-31-10 , the mayor or the president of the town council shall appoint five (5) resident electors of the community as members of the agency subject to the approval of the legislative body; provided, however, that if authorized by resolution of the legislative body at any time, the mayor or president of the town council shall appoint two (2) additional resident electors of the community as members of the agency, subject to the approval of the legislative body, for a total of seven (7) members. No member of the agency may be an elected officer or an employee of the community. The powers of the agency shall be vested in the members of the agency then in office. Members shall receive their actual and necessary expenses, including travel expenses, and may receive other compensation as the legislative body may prescribe. The redevelopment agency in the city of Providence shall consist of the mayor, ex officio, and seven (7) members. Five (5) of the members shall be resident electors of the city of Providence and appointed by the mayor; and shall serve for the term designated in § 45-31-13 ; and shall not be an elected officer or employee of the city of Providence. Two (2) members shall be members of the city council elected by that council from its members to serve for a term ending the first Monday in January, 1975; and shall thereafter be elected for a term of four (4) years. The powers of the agency shall be vested in the members then in office. Members shall receive their actual and necessary expenses, including travel expenses, and may receive other compensation as the legislative body may prescribe. Provided, further that the redevelopment agency in the town of Burrillville shall consist of seven (7) members, five (5) members of which shall be regular voting members whose tenure shall be in accordance with this section and two (2) members of which shall serve as alternate members whose term of appointment shall be two (2) years. Provided, further that the redevelopment agency in the town of Bristol shall consist of eight (8) members who are residents of the community, five (5) members of which shall be regular voting members whose tenure shall be in accordance with this section and three (3) members of which shall serve as alternate members whose term of appointment shall be two (2) years. Alternate members shall be designated as first alternate, second alternate, and third alternate and shall be allowed to participate in all agency affairs except that alternate members shall only be allowed to vote in their respective order as first, second, and third alternate in the event a regular voting member is unable to vote for any reason whatsoever.

History of Section. P.L. 1956, ch. 3654, § 31; G.L. 1956, § 45-31-12 ; P.L. 1972, ch. 97, § 1; P.L. 2001, ch. 357, § 1; P.L. 2002, ch. 369, § 1; P.L. 2005, ch. 429, § 1.

45-31-13. Tenure of agency members.

The members who are first appointed shall be designated to serve for terms of one, two (2), three (3), four (4), and five (5) years respectively. If a legislative body adopts a resolution increasing the number of agency members from five (5) to seven (7) resident electors as provided for in § 45-31-12 , then the two (2) additional members shall be designated to serve for terms of one and two (2) years respectively. Thereafter members shall be appointed for a term of office of five (5) years, except that all vacancies occurring during a term shall be filled for the unexpired term. A member holds office until his or her successor has been appointed and has qualified.

History of Section. P.L. 1956, ch. 3654, § 32; G.L. 1956, § 45-31-13 ; P.L. 2001, ch. 357, § 1.

45-31-14. Officers of agency.

The agency shall elect a chairperson and vice chairperson from among its members. The agency shall elect or appoint a secretary who need not be a member of the agency. The term of office of the chairperson, vice chairperson, and secretary, unless otherwise prescribed by the legislative body of the community, shall be for the calendar year, or for that portion remaining after each officer is designated or elected.

History of Section. P.L. 1956, ch. 3654, § 32; G.L. 1956, § 45-31-14 .

45-31-15. Suspension and removal of agency members.

For inefficiency, neglect of duty, or misconduct in office, a member of an agency may be suspended by the appointing authority. A member of an agency may be removed by the legislative body only after he or she has been given a copy of the charges against him, or her which copy shall be served on him or her at least ten (10) days prior to a public hearing, and after he or she has had an opportunity to be heard in person or by counsel, at the hearing to be held within thirty (30) days after the date of the suspension.

History of Section. P.L. 1956, ch. 3654, § 33; G.L. 1956, § 45-31-15 .

45-31-16. Continuation of agencies created under prior law.

Any redevelopment agency created pursuant to prior law shall be and constitutes the redevelopment agency for the community within the meaning of chapters 31 — 33 of this title, and has all of the rights, powers, duties, and exemptions provided for a redevelopment agency under chapters 31 — 33 of this title, and, notwithstanding any other provision of those chapters, no other redevelopment agency shall be created for the community.

History of Section. P.L. 1956, ch. 3654, § 90; G.L. 1956, § 45-31-16 .

45-31-17. Validation of prior acts.

All ordinances, resolutions, official acts, and determinations, and all other actions and proceedings taken or purporting to have been taken before April 2, 1956, under and pursuant to chapter 1802 of the Public Laws of 1946, as amended, and chapter 2574 of the Public Laws of 1950, by any community or redevelopment agency, are ratified, confirmed, and declared legal in all respects, and shall continue in effect under the provisions of chapters 31 — 33 of this title. The creation, establishment, and organization of any redevelopment agency authorized, or purporting to have been authorized, to transact business and exercise powers under chapter 1802 of the Public Laws of 1946, as amended, and chapter 2574 of the Public Laws of 1950, are hereby ratified, confirmed, and declared legal in all respects.

History of Section. P.L. 1950, ch. 2574, § 87; P.L. 1956, ch. 3654, § 90; G.L. 1956, § 45-31-17 .

45-31-18. Resident attorneys.

Each agency shall appoint, in writing, some competent person or persons resident in this state as its resident attorney or attorneys with authority to accept service of process against that agency in this state, and upon any of whom all process against the agency in this state may be served. The power of attorney shall be filed in the office of the secretary of state and state the name and address of the resident attorney. If the resident attorney dies, resigns, or moves from the state, the agency shall immediately make a new appointment as prescribed and immediately file the power of attorney in the office of the secretary of state. No power of attorney shall be revoked until after a like power has been given to some other competent attorney resident in this state and filed as prescribed. Service of process upon the resident attorney is deemed sufficient service upon the agency.

History of Section. P.L. 1956, ch. 3654, § 39; G.L. 1956, § 45-31-18 .

45-31-19. Interest of officers and employees in project area properties.

No officer or employee of the community or of the agency who in the course of his or her duties is required to participate in the formulation of plans or policies for the redevelopment of a project area, or to approve those plans or policies, shall acquire any interest in any property included within a project area within the community. If the officer or employee owns or has any financial interest, direct or indirect, in any property included within a project area, he or she shall immediately disclose, in writing, the interest to the legislative body of the community, and the disclosure shall be entered in the minutes of the agency and of the legislative body. Failure to disclose the interest constitutes misconduct in office. No payment shall be made to any member or officer of an agency for any property or interest in property acquired by the agency from the member or officer, unless the amount of the payment is fixed by court order in eminent domain proceedings, or unless the payment is unanimously approved by the legislative body.

History of Section. P.L. 1956, ch. 3654, § 34; G.L. 1956, § 45-31-19 .

45-31-20. Administrative appropriations.

When the agency created for any community becomes authorized to transact business and exercise its powers, the legislative body of the community may at that time, and from time to time thereafter, make an estimate of the amount of money required for the administrative purposes of the agency and may appropriate amounts to the agency as it deems necessary.

History of Section. P.L. 1956, ch. 3654, § 35; G.L. 1956, § 45-31-20 .

NOTES TO DECISIONS

In General.

Former law was for a public purpose, hence public funds raised by taxation or by bonds could be used in carrying out a redevelopment plan. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

45-31-21. Budgetary control of agencies.

Each agency transacting any business and exercising any powers shall annually submit to the legislative body of the community a proposed budget of its administrative expenses. The budget is subject to changes as the legislative body may prescribe, and its preparation and adoption, and the adoption of any changes in the budget, shall be subject to the same rules which are applicable to other agencies and departments of the community which are subject to budgetary control. No adoption is effective unless it is concurred in by the membership of the legislative body.

History of Section. P.L. 1956, ch. 3654, § 36; G.L. 1956, § 45-31-21 .

45-31-22. Periodical reports.

Each agency transacting any business and exercising any powers shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures, at monthly, quarterly, or annual intervals as the legislative body may prescribe.

History of Section. P.L. 1956, ch. 3654, § 37; G.L. 1956, § 45-31-22 .

45-31-23. Real property exempt from process.

All real property of an agency is exempt from levy and sale by virtue of an execution, except as provided by §§ 45-32-24 45-32-39 and §§ 45-33-5 45-33-15 and no execution or other judicial process shall issue against the real property of the agency, nor any judgment against an agency be a charge or lien upon its real property; provided, that the provisions of this section do not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust, or other encumbrance of an agency or the right of any obligee to pursue any remedies for the enforcement of any pledge or lien given by an agency on its rents, fees, or revenues.

History of Section. P.L. 1956, ch. 3654, § 85; G.L. 1956, § 45-31-23 .

45-31-24. Deactivation or substitution of agency.

At any time after two (2) years after adopting a resolution declaring that there is need for an agency to function in a community, the legislative body of the community, if the agency has not redeveloped or acquired land for, or commenced the redevelopment of a project or entered into any contracts for redevelopment, may by resolution declare that there is no further need for the agency in the community. Thereupon, the offices of the members of the agency shall be vacated and the capacity of the agency to transact business or exercise any power shall be suspended and remain suspended until the legislative body adopts a resolution declaring the need for the agency to function. However, the Narragansett town council may act as that town’s agency during periods when there are no specific projects that are active.

History of Section. P.L. 1956, ch. 3654, § 28; G.L. 1956, § 45-31-24 ; P.L. 1986, ch. 100, § 1.

45-31-25. Severability.

If any provision of chapters 31 — 33 of this title, or the application of that provision to any person or circumstance, is held invalid, the remainder of the chapters, or the application of that provision to other persons or circumstances, shall not be affected.

History of Section. P.L. 1956, ch. 3654, § 93; G.L. 1956, § 45-31-25 .

45-31-26. Relocation payments authorized — Definitions.

Every redevelopment agency created pursuant to § 45-31-9 has the power to make relocation payments to transients or eligible individuals, families, and business concerns for moving expenses and losses of property resulting from their displacement by any redevelopment project undertaken pursuant to the provisions of chapters 31 — 33 of this title subsequent to January 1, 1961, subject to the following conditions:

Definitions:

  1. “Business concern” includes a corporation, firm, partnership, individual, or other entity engaged in some type of business or profession necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business or profession. Nonprofit organizations and institutions such as churches and hospitals are included.
  2. “Eligible individual or family” means an individual or family owning furniture in housing accommodations.
  3. “Family” means a group of two (2) or more persons living together and related by blood, marriage, or adoption; or two (2) or more single persons not related by blood, marriage or adoption, who are living together in a single housekeeping unit.
  4. “Individual” means a person who is not a member of a family as defined in subdivision (3).
  5. “Occupied room” includes all furnished rooms except bathrooms, hallways, and closets.
  6. “Relocation payments” means payments by a redevelopment agency to transients, eligible individuals or families, and business concerns for their reasonable and necessary moving expenses and any actual direct losses of personal property to business concerns, except good will or profit, resulting from their displacement from any redevelopment project.
  7. “Transient” means a displaced individual or family not owning furniture but occupying housing accommodations.

History of Section. P.L. 1961, ch. 9, § 1.

45-31-27. Payments made subject to rules and regulations.

Upon presentation of evidence satisfactory to the agency of the fact of relocation, there may be paid to each individual, transient, or family, a sum of money in accordance with a schedule of payments adopted by the agency based upon the number of occupied rooms. In the case of business concerns, the sum of money to be paid is based upon the actual necessary moving expense incurred and any direct losses sustained to personal property, but not goods kept for sale, good will, or profit. These payments are made subject to rules and regulations that may be prescribed by the agency, and shall not exceed one thousand five hundred dollars ($1,500) in the case of each transient, individual, or family, or seven thousand five hundred dollars ($7,500) in the case of each business concern.

History of Section. P.L. 1961, ch. 9, § 2; P.L. 1987, ch. 607, § 1.

45-31-28. Relocation payments authorized under federally assisted programs.

Notwithstanding the provisions of §§ 45-31-26 and 45-31-27 , every redevelopment agency created pursuant to § 45-31-9 , as amended, has the power to make relocation payments under federally assisted programs undertaken by those agencies pursuant to the terms of title I of the Housing Act of 1949, as amended, after January 2, 1971 [mostly omitted by 42 U.S.C. § 5316, which terminated the authority to make most grants or loans after January 1, 1975; see, however, 42 U.S.C. §§ 1452b, 1452c]; these payments may be made upon presentation of evidence satisfactory to the agency of eligibility in accordance with the terms and in the amounts specified for moving and related expenses, replacement housing for homeowners, tenants and certain others, and losses resulting from relocation, all in accordance with and subject to the terms and conditions of that act entitled “An Act to Provide for Uniform and Equitable Treatment of Persons Displaced From Their Homes, Business, or Farms by Federal or Federally Assisted Programs and to Establish Uniform and Equitable Land Acquisition Policies for Federal and Federally Assisted Programs” enacted as Public Law 91-646, 91st congress [42 U.S.C. §§ 4621 — 4638], effective January 2, 1971.

History of Section. P.L. 1971, ch. 130, § 1.

Chapter 31.1 Redevelopment Code Enforcement

45-31.1-1. Declaration of policy.

It is found and declared that there exist in the communities of the state certain areas which are basically sound residential areas, but are evidencing the early signs of deterioration and blight because of conditions attributable to noncompliance with provisions of codes of the communities, and if allowed to continue, will create a “deteriorated blighted area” as defined in § 45-31-8(6) as amended, and that a project of intensified code enforcement is required to assure the continuing stability of these areas.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-2. Redevelopment agency to carry out code enforcement project programs.

Notwithstanding any of the provisions of the “Redevelopment Act of 1956” as amended, the redevelopment agency of each community is empowered to plan and execute projects for the enforcement of all the codes of the community relating to the health, safety, and welfare of the inhabitants of the community with the approval of the legislative body.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-3. Selection of code enforcement areas — Formulation of plans.

The redevelopment agency shall, at the direction of the legislative body of the community, select one or more code enforcement areas and formulate a plan for each area.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-4. Prior action required.

The redevelopment agency of the community shall not undertake the execution of code enforcement project activities until the legislative body of the community directs the redevelopment agency by ordinance or resolution to undertake those activities.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-5. Public hearing.

The legislative body of the community, or a committee thereof, may, at its discretion, hold a public hearing on the adoption of a code enforcement project program, and shall set a time and fix a place for the public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation not less than once a week for three (3) successive weeks.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-6. Powers of redevelopment agency.

Each redevelopment agency has all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-7. Cooperation by public bodies.

For the purpose of further aiding and cooperating to accomplish the purpose of this chapter, any public body may upon terms, with or without consideration, as it may determine:

  1. Cause services to be furnished the redevelopment agency of the character which the public body is otherwise empowered to furnish.
  2. Grant or contribute funds to a redevelopment agency or enter into an agreement with the redevelopment agency to furnish funds or other assistance.
  3. Do any and all things necessary or convenient to aid and cooperate with the redevelopment agency to accomplish the purposes of this chapter.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-8. Appropriation and loans by cities and towns.

Any community is authorized to appropriate moneys raised by taxes or other funds, and may lend or give the moneys to any redevelopment agency to assist in the carrying out of the purposes and provisions of this chapter.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-9. Financial assistance by other public bodies.

In addition to the powers conferred upon a redevelopment agency by other provisions of this chapter, a redevelopment agency is empowered to borrow money or accept financial or other assistance from the federal or state government or any public body for or in aid of the provisions of this chapter, and, to these ends, comply with conditions attached to them, not inconsistent with the purposes of this chapter with the approval of the legislative body.

History of Section. P.L. 1965, ch. 190, § 1.

45-31.1-10. Definitions.

The following definitions govern the terms included in this chapter:

  1. “Codes” means any and all rules, resolutions, regulations, and/or ordinances of the community involving, directly or indirectly, the health, safety, and welfare of the residents of the community.
  2. “Community” means a city or town.
  3. “Federal government” means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
  4. “Legislative body” means the city council or town council.
  5. “Redevelopment agency” means that agency created by § 45-31-9 as amended.

History of Section. P.L. 1965, ch. 190, § 1.

Chapter 31.2 Uniform Relocation Payments

45-31.2-1. Declaration of policy.

The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by the relocation agency. The policy shall be uniform as to (1) relocation payments, (2) advisory assistance, and (3) assurance of availability of standard housing.

History of Section. P.L. 1972, ch. 129, § 1.

Comparative Legislation.

Relocation assistance:

Conn. Gen. Stat. §§ 8-266 — 8-282.

Mass. Ann. Laws ch. 79A, § 1 et seq.

45-31.2-2. Definitions.

As used in this chapter, the term:

  1. “Business” means any lawful activity, excepting a farm operation, conducted primarily:
    1. For the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
    2. For sale of services to the public;
    3. By a nonprofit organization; or
    4. Solely for the purposes of § 45-31.2-3(a) , for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of those activities are conducted.
  2. “Displaced person” means any person who, on or after January 2, 1971, moves from real property, or moves his or her personal property from real property, as a result of the acquisition of that real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a relocation agency; and, solely for the purposes of §§ 45-31.2-3(a) and (b) and 45-31.2-6(a) and (b), as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which the person conducts a business or farm operation, for the program or project.
  3. “Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.
  4. “Nonprofit organization” means any nonbusiness corporation duly organized under chapter 6 of title 7.
  5. “Person” means any individual partnership, corporation, or association.
  6. “Relocation agency” means any agency, state or local, receiving federal assistance to carry out a relocation program.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-3. Moving and related expenses.

  1. If a relocation agency acquires real property for public use, it shall make fair and reasonable relocation payments to displaced persons and businesses as required by this chapter, for:
    1. Actual reasonable expenses in moving him or herself, his or her family, business, farm operation, or other personal property;
    2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses required to relocate the property, as determined by the relocation agency; and
    3. Actual reasonable expenses in searching for a replacement business or farm.
  2. Any displaced person eligible for payments under subsection (a), who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a), may receive a moving expense allowance, determined according to a schedule established by the relocation agency, not to exceed the amount established by the federal law; and a dislocation allowance of an amount established by federal law.
  3. Any displaced person eligible for payments under subsection (a), who is displaced from his or her place of business or from his or her farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a), may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that the payment shall not be less than an amount established by the federal law nor more than an amount established by the federal law. In the case of a business, no payment shall be made under this subsection unless the relocation agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the state, which is engaged in the same or similar business. For purposes of this subsection, the term “average annual net earnings” means one-half (1/2) of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, or during another period that the agency determines to be more equitable for establishing the earnings, and includes any compensation paid by the business or farm operation to the owner, the owner’s spouse, or the owner’s dependents during that period.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-4. Payment for replacement housing for displaced homeowners.

  1. In addition to payments otherwise authorized by this chapter, the relocation agency shall make an additional payment not in excess of an amount established by federal law to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than one hundred and eighty (180) days prior to the initiation of negotiations for the acquisition of the property. The additional payment includes the following elements:
    1. The amount, if any, which, when added to the acquisition cost of the dwelling acquired, equals the reasonable cost of a comparable replacement dwelling which is a decent, safe, and sanitary dwelling adequate to accommodate the displaced person, reasonably accessible to public services and places of employment, and available on the private market. All determinations required to carry out this subdivision are determined by regulations issued pursuant to § 45-31.2-8 .
    2. The amount, if any, which will compensate the displaced person for any increased interest costs which the person is required to pay for financing the acquisition of the comparable replacement dwelling. The amount is paid only if the dwelling acquired was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than one hundred and eighty (180) days prior to the initiation of negotiations for the acquisition of the dwelling. The amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate is determined by regulations issued pursuant to § 45-31.2-8 .
    3. Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
  2. The additional payment authorized by this section is made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period beginning on the date on which he or she receives final payment of all costs of the acquired dwelling, or on the date on which he or she moves from the acquired dwelling, whichever is the later date.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-5. Payment for replacement housing for displaced tenants and certain others.

In addition to amounts otherwise authorized by this chapter, a relocation agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under § 45-31.2-4 which dwelling was actually and lawfully occupied by the displaced person for not less than ninety (90) days prior to the initiation of negotiations for acquisition of the dwelling. The payment is either:

  1. The amount necessary to enable the displaced person to lease or rent for a period not to exceed any limitation provided in federal law, a decent, safe, and sanitary dwelling of standards adequate to accommodate the person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his or her place of employment, but not to exceed the amount established by the federal law; or
  2. The amount necessary to enable the person to make a down payment (including incidental expenses described in § 45-31.2-4(a)(3) ), on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed the amount established by federal law, except that if the amount exceeds the amount established by federal law, in making the down payment.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-6. Relocation assistance advisory programs.

  1. Whenever the acquisition of real property for a program or project undertaken by a relocation agency results in the displacement of any person on or after January 2, 1971, the agency shall provide a relocation assistance advisory program for displaced persons which offers the services prescribed in this chapter. If the relocation agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer the person relocation advisory services under the program.
  2. Each relocation assistance program required by subsection (a) includes measures, facilities, or services that may be necessary or appropriate in order to:
    1. Determine the needs of displaced persons, business concerns, and nonprofit organizations for relocation assistance;
    2. Assist owners of displaced businesses and farm operations in obtaining and becoming established in suitable business locations or replacement farms;
    3. Supply information concerning programs of the federal, state, and local governments offering assistance to displaced persons and business concerns;
    4. Assist in minimizing hardships to displaced persons in adjusting to relocation; and
    5. Secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-7. Assurance of availability of standard housing.

Whenever the acquisition of real property for a program or project undertaken by a relocation agency results in the displacement of any person on or after January 2, 1972, the agency shall assure that, within a reasonable period of time, prior to displacement, there will be available, in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings equal in number to the number of and available to those displaced persons who require those dwellings and reasonably accessible to their places of employment; except that regulations issued pursuant to § 45-31.2-8 may prescribe situations when these assurances may be waived.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-8. Authority of the relocation agency.

  1. The relocation agency shall adopt rules and regulations as may be necessary to assure:
    1. That the payments and assistance authorized by this chapter are administered in a manner which is fair and reasonable, and as uniform as practicable;
    2. That a displaced person who makes proper application for a payment authorized for the person by this chapter is paid promptly after a move or, in hardship cases, paid in advance; and
    3. That any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have his or her application reviewed by the head of the relocation agency.
  2. The relocation agency may prescribe other regulations and procedures, consistent with the provisions of this chapter, as it deems necessary or appropriate to carry out this chapter.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-9. Administration.

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the relocation agency may authorize any relocation agency to enter into contracts with any individual, firm, association, or corporation for services in connection with those programs, or may carry out its functions under this chapter through any federal or state agency or instrumentality having an established organization for conducting relocation assistance programs.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-10. Payments not to be considered as income or resources.

No payment received by a displaced person under this chapter shall be considered income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law, or for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any state law, or for the purposes of the state’s personal income tax law, corporation tax law, or other tax laws. These payments shall not be considered income or resources of any recipient of public assistance and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.

History of Section. P.L. 1972, ch. 129, § 1.

45-31.2-11. Appeal procedure.

Any person or business concern aggrieved by final administrative determination, concerning eligibility for relocation payments authorized by this chapter, may appeal the determination to the superior court in the county in which the land taken for public use is located pursuant to the provisions of chapter 35 of title 42.

History of Section. P.L. 1972, ch. 129, § 1.

Chapter 32 Redevelopment Projects

45-32-1. Compliance prerequisite to further proceedings.

A community must comply with the requirements of §§ 45-32-2 45-32-3 before proceeding further under chapters 31 — 33 of this title.

History of Section. P.L. 1956, ch. 3654, § 24; G.L. 1956, § 45-32-1 ; P.L. 2018, ch. 156, § 1; P.L. 2018, ch. 292, § 1.

Compiler’s Notes.

P.L. 2018, ch. 156, § 1, and P.L. 2018, ch. 292, § 1 enacted identical amendments to this section.

Cross References.

Definitions, § 45-31-8 .

Comparative Legislation.

Redevelopment:

Conn. Gen. Stat. § 8-124 et seq.

Mass. Ann. Laws ch. 121A, §§ 1 — 19.

NOTES TO DECISIONS

Home Rule Power.

This chapter falls within the lawmaking powers reserved to the general assembly under the home rule provisions of former R.I. Const., amend. XXVIII, § 4 (see now R.I. Const. Art. XIII , Secs. 2, 4). O'Neill v. East Providence, 480 A.2d 1375, 1984 R.I. LEXIS 593 (1984).

45-32-2. Planning commission required.

The community must have a planning commission.

History of Section. P.L. 1956, ch. 3654, § 25; G.L. 1956, § 45-32-2 .

Cross References.

Planning board, § 45-22-1 .

NOTES TO DECISIONS

Taking Based on Private Firm’s Evaluation.

Where city failed to create a planning commission or redevelopment agency and no master plan was generated, city’s taking of plaintiff’s land for resale to a private developer for private profit based only on private consulting firm’s evaluation that this would effectuate revitalization of area did not constitute a proper public use allowing for condemnation under former R.I. Const., amend. XXXIII, § 1 (see now R.I. Const. Art. XIII , Secs. 2, 4). O'Neill v. East Providence, 480 A.2d 1375, 1984 R.I. LEXIS 593 (1984).

45-32-3. General community plan — Minimum requirements.

The community must have a master or general community plan adopted by the planning commission or the legislative body, and in either case the plan must include at least the following:

  1. A land use plan which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, recreation, education, public buildings and grounds, and other categories of public and private uses of land.
  2. The general location and extent of existing and proposed major thoroughfares.
  3. A statement of the standards of population density and building intensity recommended in and for the various districts and other territorial units, together with estimates of future population growth, in the territory covered by the plan, all correlated with the land use plan.
  4. A description of the area or areas in which blighted and substandard conditions are found and recommendations as to the area or areas which should be designated for redevelopment.

History of Section. P.L. 1956, ch. 3654, § 26; G.L. 1956, § 45-32-3 .

NOTES TO DECISIONS

Taking Based on Private Firm’s Evaluation.

Where city failed to create a planning commission or redevelopment agency and no master plan was generated, city’s taking of plaintiff’s land for resale to a private developer for private profit based only on private consulting firm’s evaluation that this would effectuate revitalization of area did not constitute a proper public use allowing for condemnation under former R.I. Const., amend. XXXIII, § 1 (see now R.I. Const., Art. XIII , Secs. 2, 4). O'Neill v. East Providence, 480 A.2d 1375, 1984 R.I. LEXIS 593 (1984).

45-32-4. Resolution or ordinance designating redevelopment area — Public hearing.

The legislative body of the community must designate by resolution or ordinance one or more areas within the community as a redevelopment area or areas. (Whenever the word “resolution” is used, it means “resolution or ordinance.”) Each resolution shall include a description of the boundaries of the area or areas designated as a redevelopment area. Before passing a resolution, the legislative body or the committee thereof, to which the proposed resolution has been referred, shall give notice of the date, time, place, and purpose of a public hearing or hearings with reference to the resolution at which the recommendations of the planning commission developed in accordance with the provisions of § 45-32-3 shall be considered. The notice shall be published not less than once a week for three (3) successive weeks prior to the hearing in a newspaper of general circulation published in the community, or if no newspaper is published in the community, then in a newspaper of general circulation in the community. At the public hearing all interested persons or agencies shall have an opportunity to be heard and to submit communications in writing. The public hearing required by this section may be held jointly with the hearing upon a redevelopment plan for a project area, as provided in § 45-32-11 , if the legislative body so directs. Any person, group, association, or corporation may, in writing, petition the legislative body to designate one or more areas within the community as redevelopment areas, and may submit, with their petition, plans, showing the proposed redevelopment of those areas or any part or parts of the areas.

History of Section. P.L. 1956, ch. 3654, § 27; G.L. 1956, § 45-32-4 ; P.L. 1958, ch. 180, § 2.

NOTES TO DECISIONS

Notice.

Owner of property classified as substandard nonresidential by redevelopment agency and subject to acquisition was not entitled to personal notice, since he was not entitled to a hearing where the proposed deliberations were for the purpose of determining legislative facts rather than for adjudicating rights in the property under consideration. Paiva v. Providence Redevelopment Agency, 116 R.I. 315 , 356 A.2d 203, 1976 R.I. LEXIS 1280 (1976).

45-32-5. Corporate powers of agencies.

  1. Each redevelopment agency constitutes a public body, corporate and politic, exercising public and essential governmental functions, and has all the powers necessary and convenient to carry out and effectuate the purposes and provisions of chapters 31 — 33 of this title, including the powers enumerated in this section in addition to others granted by these chapters:
    1. To sue and be sued; to borrow money; to compromise and settle claims; to have a seal; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
    2. To make, and, from time to time, amend and repeal bylaws, rules, and regulations, consistent with chapters 31 — 33 of this title, to carry into effect the powers and purposes of these chapters.
    3. To select and appoint officers, agents, counsel, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation.
    4. Within the redevelopment area or for purposes of redevelopment: to purchase, lease, obtain an option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, or any estate or interest in it, together with any improvements on it; to acquire by the exercise of the power of eminent domain any real property or any estate or interest in it, although temporarily not required to achieve the purposes of chapters 31 — 33 of this title; to clear, demolish, or remove any and all buildings, structures, or other improvements from any real property so acquired; to rehabilitate or otherwise improve any or all substandard buildings, structures, or other improvements; to insure or provide for the insurance of any real or personal property or operations of the agency against risk or hazard; and to rent, maintain, rehabilitate, improve, manage, operate, repair, and clear the property.
    5. To develop as a building site or sites any real property owned or acquired by it.
    6. To cause streets and highways to be laid out and graded, and pavements or other road surfacing, sidewalks, and curbs, public utilities of every kind, parks, playgrounds, and other recreational areas, off-street parking areas and other public improvements to be constructed and installed.
    7. To prepare or have prepared all plans necessary for the redevelopment of blighted and substandard areas; with the consent and approval of the community planning commission, to carry on and perform, for and on behalf of the commission, all or any part of the planning activities and functions within the community; to undertake and perform, for the community, industrial, commercial, and family relocation services; to obtain appraisals and title searches; to make investigations, studies, and surveys of physical, economic, and social conditions and trends pertaining to a community; to develop, test, and report methods and techniques and carry out research and other activities for the prevention and the elimination of blighted and substandard conditions and to apply for, accept, and utilize grants of funds from the federal government and other sources for those purposes; and to enter upon any building or property in any redevelopment area in order to make investigations, studies, and surveys, and, in the event entry is denied or resisted, an agency may petition the superior court in and for the county in which the land lies for an order for this purpose. Upon the filing of a petition, due notice of it shall be served on the person denying or resisting entry, and after a hearing on the petition, the court shall enter an order granting or denying the petition.
    8. To undertake technical assistance to property owners and other private persons to encourage, implement, and facilitate voluntary improvement of real property.
    9. To undertake and carry out code enforcement projects pursuant to the provisions of appropriate federal legislation.
    10. To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; and to purchase its bonds at a price not more than the principal amount and accrued interest, all bonds so purchased to be cancelled.
    11. To lend money, and to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber (by mortgage, deed of trust, or otherwise), or otherwise dispose of any real or personal property or any estate or interest in it acquired under the provisions of chapters 31 — 33 of this title, to the United States, the state government, any state public body, or any private corporation, firm, or individual at its fair value for uses in accordance with the redevelopment plan, irrespective of the cost of acquiring and preparing the property for redevelopment. In determining the fair value of the property for uses in accordance with the redevelopment plan, the agency shall take into account, and give consideration to, the uses and purposes required by the plan, the restrictions upon, and the obligations assumed by the purchaser or lessee of the property, and the objectives of the redevelopment plan for the prevention of the recurrence of blighted and substandard conditions. Any lease or sale of the property may be made without public bidding, provided that no sale or lease is made until at least ten (10) days after the legislative body of the community has received from the agency a report concerning the proposed sale or lease.
    12. To obligate the purchaser or lessee of any real or personal property or any estate or interest in it to:
      1. Use the property only for the purpose and in the manner stated in the redevelopment plan;
      2. Begin and complete the construction or rehabilitation of any structure or improvement within a period of time that the agency fixes as reasonable; and
      3. Comply with other conditions that, in the opinion of the agency are necessary to prevent the recurrence of blighted and substandard conditions and otherwise to carry out the purposes of chapters 31 — 33 of this title. The agency, by contractual provisions, may make any of the purchasers’ or lessees’ obligations, covenants, or conditions running with the land, and may provide that, upon breach thereof, the fee reverts to the agency.
    13. To exercise all or any part or combination of the powers granted in this chapter.
    14. To construct new buildings for residential, recreational, commercial, industrial, institutional, public, or other uses contemplated by the redevelopment plan.
    15. To grant or loan any redevelopment project revenues, or other revenues, including the proceeds of any issue of bonds or notes issued pursuant to this chapter to an individual or any nonprofit organization or governmental or quasi-governmental entity or private enterprise, in order to finance the cost of any portion of a redevelopment project authorized pursuant to chapters 31 through 33 of this title, including, without limiting the generality of the foregoing, the cost of acquiring land for, and constructing or rehabilitating, furnishing and equipping residential, commercial, industrial, institutional, public, or recreational facilities, within a redevelopment area, or to loan bond or note proceeds in order to refinance any such loans.
    16. To retain a master developer for all or any portion of a project. Any master developer position shall be subject to advertising and solicitation of applicants shall be approved at a duly posted public meeting of the agency.
  2. [Deleted by P.L. 2019, ch. 118, § 3 and P.L. 2019, ch. 143, § 3].

History of Section. P.L. 1956, ch. 3654, § 40; G.L. 1956, § 45-32-5 ; P.L. 1969, ch. 16, § 1; P.L. 1971, ch. 78, § 1; P.L. 1999, ch. 497, § 1; P.L. 2018, ch. 103, § 3; P.L. 2019, ch. 118, § 3; P.L. 2019, ch. 143, § 3.

Compiler’s Notes.

P.L. 2019, ch. 118, § 3, and P.L. 2019, ch. 143, § 3 enacted identical amendments to this section.

Severability.

P.L. 2018, ch. 103, § 5 provides: “The provisions of this act are severable, and if any of its provisions are held unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.”

NOTES TO DECISIONS

In General.

Former law did not constitute an improper delegation of legislative authority in that insufficient standards were set out under which agency was to determine fair value of parts of land obtained if it decided to sell or lease. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

Former law did not violate constitutional provision requiring fair distribution of the burdens of the state among its citizens, on the ground that agency would sell or lease land obtained at a value less than that paid since the price received for property after the redevelopment may be less than cost. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

Former law which authorized agency to condemn private property for the purpose of clearing a slum area did not violate provisions prohibiting the taking of private property by eminent domain for a private purpose, since the acquisition was for a public purpose. Balsamo v. Providence Redevelopment Agency, 84 R.I. 323 , 124 A.2d 238, 1956 R.I. LEXIS 68 (1956).

Applicability.

City agency was not authorized under R.I. Gen. Laws § 45-32-5(a)(4) to purchase commercial waterfront property that the State was selling and which the city could not purchase because the city would not have been able to timely complete the purchase. The city agency existed for redevelopment purposes, but the property involved was not redevelopment property pursuant to R.I. Gen. Laws § 45-31-8(3) because it was not in a blighted and substandard area. Tidewater Realty, LLC v. State, 942 A.2d 986, 2008 R.I. LEXIS 24 (2008).

Electric Facilities.

The statutes expressly authorize agencies to enter into contracts with public utilities for electric facilities, including the power to enter into contracts to cause a public utility to place its lines underground. Newport Elec. Corp. v. Redevelopment Agency of Newport, 116 R.I. 22 , 351 A.2d 590, 1976 R.I. LEXIS 1237 (1976).

45-32-6. Selection of project areas — Formulation of redevelopment plans.

The redevelopment agency may of its own motion, or at the direction of the legislative body, select one or more project areas comprising all or a portion of a redevelopment area, and formulate a redevelopment plan for each project area. Redevelopment plans may be prepared by the planning commission in the event the members of the agency have not been appointed or at the request of the agency.

History of Section. P.L. 1956, ch. 3654, § 14; G.L. 1956, § 45-32-6 .

NOTES TO DECISIONS

Taking Based on Private Firm’s Evaluation.

Where city failed to create a planning commission or redevelopment agency and no master plan was generated, city’s taking of plaintiff’s land for resale to a private developer for private profit based only on private consulting firm’s evaluation that this would effectuate revitalization of area did not constitute a proper public use allowing for condemnation under former R.I. Const., amend. XXXIII, § 1 (see now R.I. Const., Art. VI, Sec. 18 ). O'Neill v. East Providence, 480 A.2d 1375, 1984 R.I. LEXIS 593 (1984).

45-32-7. Submission of redevelopment plans — Conformity to master plan.

All redevelopment plans shall be submitted to the legislative body by the redevelopment agency. Every redevelopment plan shall conform to the master or general community plan insofar as the latter applies to the redevelopment area. The agency shall consult with the planning commission of the community in formulating redevelopment plans before their submission to the legislative body. Whenever a redevelopment plan is submitted to the legislative body, a copy of the plan shall be submitted to the planning commission, which shall report to the legislative body within thirty (30) days on the redevelopment plan and its conformity to the master or general plan of the community.

History of Section. P.L. 1956, ch. 3654, § 45; G.L. 1956, § 45-32-7 .

NOTES TO DECISIONS

Discrimination.

Superior court was not entitled to review question of discrimination by agency in failing to exempt property of the plaintiff from eminent domain, since the legislature gave the agency the power to prepare the redevelopment plan, and by implication authorized the agency to designate the properties within the project area, and its decision was conclusive. Balsamo v. Providence Redevelopment Agency, 84 R.I. 323 , 124 A.2d 238, 1956 R.I. LEXIS 68 (1956).

Time for Report of Planning Commission.

The thirty day time period is directory. Romeo v. Cranston Redevelopment Agency, 105 R.I. 651 , 254 A.2d 426, 1969 R.I. LEXIS 802 (1969).

45-32-8. Contents of redevelopment plan.

The redevelopment plan shall include, without limitation, the following:

  1. A description of the boundaries and location of the project area;
  2. A description of the existing blighted and substandard conditions in the project area;
  3. A plan describing proposed land uses in the project area;
  4. Proposed standards of population densities, land coverage, and building intensities;
  5. A description of proposed changes in streets and utilities;
  6. A description of proposed changes in zoning or exceptions, variances, or modifications;
  7. A general statement showing that the proposed redevelopment plan conforms to the master or general community plan;
  8. A statement showing the lands in the project area to be acquired and buildings or structures to be demolished and removed;
  9. A general statement of proposed conditions, covenants, and other restrictions controlling the disposal and future use of land and buildings in the project area;
  10. A general statement of the extent of relocation resulting from the proposed redevelopment of the area and the proposed method for rehousing of displaced persons;
  11. A statement of the estimated cost of carrying out the redevelopment plan, and a description of the method of financing the proposed redevelopment project; and
  12. A general statement showing how the purposes of chapters 31 — 33 of this title would be attained by redevelopment.

History of Section. P.L. 1956, ch. 3654, § 46; G.L. 1956, § 45-32-8 .

45-32-9. Optional features of redevelopment plans.

A redevelopment plan may, without limitation, provide for the following:

  1. A program of voluntary repair and rehabilitation of buildings and other improvements within the project area in accordance with the redevelopment plan; and/or
  2. Acquisition of single or scattered parcels of real property within the project area and demolition or removal of buildings or improvements where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public health, safety, morals, or welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed community facilities.

History of Section. P.L. 1956, ch. 3654, § 47; G.L. 1956, § 45-32-9 .

45-32-10. Petition for zoning changes.

In order to effectuate a redevelopment plan, the agency may petition the legislative body for a revision, amendment, or modification of zoning ordinances affecting the area covered by the redevelopment plan, concurrently with the submission of the redevelopment plan by the agency to the legislative body, or, at any time thereafter; provided, that the revision, amendment, or modification is stated in the redevelopment plan. The public hearing on the petition may be conducted in conjunction with the hearing on the redevelopment plan required by § 45-32-11 ; provided, that the provisions of §§ 45-24-4 and 45-24-5 are applicable to the petition.

History of Section. P.L. 1956, ch. 3654, § 61; G.L. 1956, § 45-32-10 .

Cross References.

Zoning ordinances, § 45-24-27 et seq.

45-32-11. Notice of hearing on plan.

Upon submission to the legislative body of a redevelopment plan, the legislative body or its committee to which the plan has been referred, shall set a time and fix a place for a public hearing on the adoption of the plan. The time of hearing shall not be more than sixty (60) days after receipt by the legislative body of the redevelopment plan from the agency. Notice of the hearing shall be given by publication in a newspaper in the same manner and to the same extent as provided for publication of notice in § 45-32-4 .

History of Section. P.L. 1956, ch. 3654, § 48; G.L. 1956, § 45-32-11 .

NOTES TO DECISIONS

Sufficiency of Notice.

Owner of property classified as substandard nonresidential by redevelopment agency and subject to acquisition was not entitled to personal notice, as distinguished from the notice by publication given as required by statute, since he was not entitled to a hearing where the proposed deliberations were for the purpose of determining legislative facts rather than for adjudicating rights in the property under consideration. Paiva v. Providence Redevelopment Agency, 116 R.I. 315 , 356 A.2d 203, 1976 R.I. LEXIS 1280 (1976).

45-32-12. Conduct of hearing.

At the hearing the legislative body, or its committee to which the plan has been referred, shall consider the plan, any report of the planning commission, and any recommendations the agency may make, and take any other evidence and testimony that may be presented concerning the matters under consideration.

History of Section. P.L. 1956, ch. 3654, § 49; G.L. 1956, § 45-32-12 .

45-32-13. Adoption of plan.

If the legislative body determines that the redevelopment plan is feasible and conforms to the general plan for the community, and that if carried out would promote the public health, safety, morals, and welfare of the community, and would effectuate the purposes of chapters 31 — 33 of this title, then the legislative body may adopt the plan by ordinance.

History of Section. P.L. 1956, ch. 3654, § 50; G.L. 1956, § 45-32-13 .

45-32-14. Provision for expenditure of money.

If the plan provides for the expenditure of any money by the community, the legislative body shall provide for the expenditure at the time or in connection with the approval of the plan; provided, that nothing contained in this chapter enlarges the power of a town council to make an appropriation which has not been approved by a financial town meeting.

History of Section. P.L. 1956, ch. 3654, § 51; G.L. 1956, § 45-32-14 .

45-32-15. Declaration of intent to change streets.

If the plan provides for the opening, closing, widening, or changing the grade of existing streets or alleys or any other modification of the existing street layout in the project area, the legislative body shall declare its intention to institute these proceedings at the time or in connection with the adoption of the plan.

History of Section. P.L. 1956, ch. 3654, § 52; G.L. 1956, § 45-32-15 .

45-32-16. Provision for payment for property condemned.

If the plan provides for the condemnation of any real property, the legislative body shall not adopt the plan unless it contains adequate provisions for payment for property so acquired as provided by law.

History of Section. P.L. 1956, ch. 3654, § 53; G.L. 1956, § 45-32-16 .

45-32-17. Finding as to federal aid.

If the plan provides for financial aid from the federal government, that provision of the plan shall not be approved by the legislative body unless it finds that the financial aid from the federal government provided for in the plan is necessary to enable the land in the project area to be redeveloped in accordance with the redevelopment plan.

History of Section. P.L. 1956, ch. 3654, § 54; G.L. 1956, § 45-32-17 .

45-32-18. Provisions for control of uses.

No plan shall be approved unless it provides for the retention of controls and the establishment of any restrictions or covenants which may run with the real property sold, leased, or otherwise disposed of for private or public use for those periods of time and under conditions that in the judgment of the legislative body are necessary to effectuate the purposes of chapters 31 — 33 of this title.

History of Section. P.L. 1956, ch. 3654, § 55; G.L. 1956, § 45-32-18 .

45-32-19. Power over zoning ordinances.

Notwithstanding the provisions of any other statute to the contrary, the legislative body has power by ordinance to revise, amend, and modify zoning ordinances affecting the area covered in a redevelopment plan in accordance with § 45-32-10 .

History of Section. P.L. 1956, ch. 3654, § 60; G.L. 1956, § 45-32-19 .

45-32-20. Contents of adoptive ordinance.

The adoption of a redevelopment plan by a legislative body shall be by ordinance. The ordinance shall:

  1. Designate the project by area, name, and number.
  2. Include findings that the project area is blighted and substandard and requires clearance, replanning, redevelopment, rehabilitation, or improvement or any combination of these remedies.
  3. State the purposes and intent of the legislative body with respect to the project area.
  4. Refer specifically to the determinations required in §§ 45-32-13 45-32-18 .
  5. Incorporate by reference the redevelopment plan.
  6. Designate the approved plan as the official redevelopment plan for the project area.

History of Section. P.L. 1956, ch. 3654, § 56; G.L. 1956, § 45-32-20 .

NOTES TO DECISIONS

Determinations.

Where the plaintiffs seek to bar the taking of their property by eminent domain by the redevelopment agency because of noncompliance with the enabling legislation provisions, the determinations required by this section were specifically referred to in the original plan adopted in 1970 and the plan adopted in 1971 was only a modification of this plan, there was no need to repeat such determinations. Perez v. Pawtucket Redevelopment Agency, 111 R.I. 327 , 302 A.2d 785, 1973 R.I. LEXIS 1208 (1973).

Where neither the redevelopment agency nor the city council made the requisite findings of fact to support a conclusion that a parcel of land was a “blighted and substandard area” which required redevelopment by the city, and where the court concluded that the council and mayor acted in bad faith, taking notice of the fact that as the city contested the summary judgment motion the mayor was willing to announce publicly the commercial development of the parcel at issue, there were no genuine issues of material fact as to the condemnation of the parcel and the motion for summary judgment filed by the plaintiff was granted. Capital Props. v. State, 749 A.2d 1069, 1999 R.I. LEXIS 222 (1999).

Incorporation of Plans.

Where the plaintiffs in a suit seeking to bar the taking of their land by the redevelopment agency contended that the city charter required two separate and complete readings of any ordinance passed by the council, this section provided that when a legislative body adopted a redevelopment plan, the ordinance adopting such a plan should incorporate the plan by reference which avoided the page-by-page reading of a lengthy plan. Perez v. Pawtucket Redevelopment Agency, 111 R.I. 327 , 302 A.2d 785, 1973 R.I. LEXIS 1208 (1973).

45-32-21. Responsibility for carrying out plan.

After enactment of the ordinance described in § 45-32-20 , the responsibility for carrying out the plan is vested in the agency.

History of Section. P.L. 1956, ch. 3654, § 57; G.L. 1956, § 45-32-21 .

NOTES TO DECISIONS

In General.

In action for damages to real estate and business, allegation that the agency was negligent in the submission and administration of the plans and timetables for the redevelopment of the area in question in violation of its duties under this section was so vague that it precluded any meaningful review on appeal. E & J, Inc. v. Redevelopment Agency of Woonsocket, 122 R.I. 288 , 405 A.2d 1187, 1979 R.I. LEXIS 2158 (1979).

45-32-22. Further proceedings as to redevelopment — Actions to contest validity.

Upon the adoption of the redevelopment plan, further proceedings with reference to the redevelopment of the project area may be commenced immediately by the agency. Actions to contest the validity of the proceedings prescribed by §§ 45-32-11 45-32-21 must commence within thirty (30) days after the adoption of the redevelopment plan, and no action thereafter commenced shall raise any question concerning the validity of the proceedings and the adoption of the redevelopment plan provided for in the foregoing provisions of this chapter and chapter 31 of this title. After the expiration of that period of thirty (30) days, the validity of the proceedings and the adoption of the redevelopment plan shall be conclusively presumed. Any petition to stay the agency from proceeding with the redevelopment plan shall be assigned for hearing by the superior court of the county within which the land lies within seven (7) days from the date of filing, and all proceedings under this chapter shall take precedence over all civil suits pending before the court. The court, after formal hearing, may deny the petition or enjoin the agency from proceeding further, in whole or in part, or may make another order that it deems appropriate.

History of Section. P.L. 1956, ch. 3654, § 58; G.L. 1956, § 45-32-22 .

NOTES TO DECISIONS

In General.

This section is construed stringently to bar any actions, including constitutional challenges, brought more than 30 days after the adoption of the redevelopment plan. Corrado v. Providence Redevelopment Agency, 105 R.I. 470 , 252 A.2d 920, 1969 R.I. LEXIS 777 (1969), cert. denied, 396 U.S. 1022, 90 S. Ct. 595, 24 L. Ed. 2d 515, 1970 U.S. LEXIS 3402 (1970); Paiva v. Providence Redevelopment Agency, 116 R.I. 315 , 356 A.2d 203, 1976 R.I. LEXIS 1280 (1976); Woonsocket Historical Soc'y v. Woonsocket, 120 R.I. 259 , 387 A.2d 530, 1978 R.I. LEXIS 665 (1978).

Limitation Period.

This section’s thirty days’ limitation period bars any claims, including constitutional challenges, brought more than thirty days after the adoption of the redevelopment plan, or as to the validity of the proceedings in which the plan was adopted. Corrado v. Providence Redevelopment Agency, 105 R.I. 470 , 252 A.2d 920, 1969 R.I. LEXIS 777 (1969), cert. denied, 396 U.S. 1022, 90 S. Ct. 595, 24 L. Ed. 2d 515, 1970 U.S. LEXIS 3402 (1970).

Notice.

Owner of property classified as substandard nonresidential by redevelopment agency and subject to acquisition was not entitled to personal notice where the hearing was for the purpose of determination of legislative facts rather than for the adjudication of rights in the property and he, having filed his action subsequent to the statutory limitation period, was precluded from contesting the plan adopted. Paiva v. Providence Redevelopment Agency, 116 R.I. 315 , 356 A.2d 203, 1976 R.I. LEXIS 1280 (1976).

45-32-23. Modification of plan.

Upon the recommendation of the agency, a redevelopment plan may be modified at any time by the legislative body or by the legislative body at its own discretion. The legislative body may, at its discretion, hold a public hearing on the proposed modification provided, that, if the plan is modified after lease or sale by the agency of real property in the project area, the modification shall be subject to rights at law and in equity as the lessee or purchaser, or his or her successor or successors or assigns in interest, may be entitled to assert.

History of Section. P.L. 1956, ch. 3654, § 59; G.L. 1956, § 45-32-23 .

45-32-24. Power of eminent domain.

Notwithstanding the provisions of any other law, each agency has the right to acquire all or any part of the real property or any estate or interest in it within a project area, by the exercise of the power of eminent domain, whenever it is judged by the agency that the acquisition of the real property or any estate or interest in it is in the public interest and necessary for the public use.

History of Section. P.L. 1956, ch. 3654, § 64; G.L. 1956, § 45-32-24 .

Cross References.

Constitutional basis for redevelopment powers, R.I. Const., Art. VI, Sec. 18 .

NOTES TO DECISIONS

In General.

Former law providing for eminent domain for clearance of slums by an agency appointed for that purpose was for a public use and not a private use, since it was in the interest of public health, safety and welfare. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

45-32-24.1. Finding with respect to use of the power of eminent domain with respect to recreational redevelopment projects that create and/or preserve jobs within the state and projects financed with incremental tax revenues.

  1. The general assembly hereby determines and declares that the financing, construction, and development of recreational projects (as defined in § 42-34-6(4) ), with planned redevelopment of the surrounding project area, and projects financed with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in municipalities with a population greater than 60,000 but less than 80,000 that will create and/or preserve jobs within the state, are public uses of statewide concern and are in the interest of, and for benefit of, the citizens of the state, and will contribute substantially to the social and economic well-being of the citizens of the state and significantly enhance the economic development and employment opportunities within the state; and
  2. The general assembly hereby determines and declares that government support in facilitating the presence of recreational projects (as defined in § 42-34-6(4) ), with planned redevelopment of the surrounding project area and projects financed with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in municipalities with a population greater than 60,000 but less than 80,000, and the creation and/or preservation of jobs within the state, provides to the state and its citizens highly valued intangible benefits that increase and/or improve the quality of life and civic relationships of their citizens.

History of Section. P.L. 2018, ch. 103, § 4; P.L. 2019, ch. 118, § 3; P.L. 2019, ch. 143, § 3.

Compiler’s Notes.

P.L. 2019, ch. 118, § 3, and P.L. 2019, ch. 143, § 3, enacted identical amendments to this section.

Severability.

P.L. 2018, ch. 103, § 5 provides: “The provisions of this act are severable, and if any of its provisions are held unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.”

45-32-24.2. Power of eminent domain with respect to recreational redevelopment projects that create and/or preserve jobs within the state and projects financed with incremental tax revenues.

  1. With respect to any project in the state that includes the financing, construction, and development of recreational projects (as defined in § 42-34-6(4) ), with planned redevelopment of the surrounding project area, and projects financed with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in municipalities with a population greater than 60,000 but less than 80,000 that will create and/or preserve jobs within the state, the provisions of this section shall apply rather than the provisions of §§ 45-32-26 through 45-32-37 .
  2. The acquisition of real property for the construction of recreational projects (as defined in § 42-34-6(4) ), with planned redevelopment of the surrounding project area and projects financed with incremental tax revenues pursuant to chapters 31, 32, 33, 33.2, and 33.4 of title 45 in municipalities with a population greater than 60,000 but less than 80,000, that will create and/or preserve jobs within the state, is declared to be a public use for economic development purposes.
  3. If, for any of the purposes of this chapter, an agency shall find it necessary to acquire any real property, whether for immediate or future use, the agency may find and determine that the property, whether a fee simple absolute or a lesser interest, is required for the acquisition, construction, or operation of a project, and upon that determination, the property shall be deemed to be required for public use until otherwise determined by the agency; and with the exceptions hereinafter specifically noted, the determination shall not be affected by the fact that the property has been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the agency shall be deemed superior to the public use in the hands of any other person, association, or corporation; provided further, however, that no real property or interest, estate, or right in these belonging to the state shall be acquired without consent of the state; and no real property or interest, estate, or right in these belonging to any municipality shall be acquired without the consent of the municipality; and no real property, or interest or estate in these, belonging to a public utility corporation may be acquired without the approval of the public utility commission or another regulatory body having regulatory power over the agency.
  4. As part of an agency’s diligence in determining whether it is necessary to acquire certain real property, whether for immediate or future use, the agency may enter the real property and conduct environmental testing upon giving the owner not less than two (2) weeks’ written notice.
  5. The agency may proceed to acquire, and is authorized to and may proceed to acquire, property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent domain in the manner prescribed in this chapter.
  6. Nothing contained in this section shall be construed to prohibit the agency from bringing any proceedings to remove a cloud on title or any other proceedings that it may, in its discretion, deem proper and necessary, or from acquiring property by negotiation or purchase.
  7. The necessity for the acquisition of property under this chapter shall be conclusively presumed upon the adoption by the agency of a vote determining that the acquisition of the property or any interest in property described in that vote is necessary for the acquisition, construction, or operation of a project. Within six (6) months after its passage, the agency shall cause to be filed in the appropriate land evidence records a copy of its vote together with a statement signed by the chairperson or vice-chairperson of the agency that the property is taken pursuant to this chapter, and also a description of the real property indicating the nature and extent of the estate or interest in the estate taken and a plat of the real property, which copy of the vote and statement of the chairperson or vice-chairperson shall be certified by the secretary of the agency and the description and plat shall be certified by the city or town clerk for the city or town within which the real property lies.
  8. Forthwith thereafter the agency shall cause to be filed, in the superior court in and for the county within which the real property lies, a statement of the sum of money estimated to be just compensation for the property taken, and shall deposit in the superior court to the use of the persons entitled to the money the sum set forth in the statement. The agency shall satisfy the court that the amount deposited with the court is sufficient to satisfy the just claims of all persons having an estate or interest in the real property. Whenever the agency satisfies the court that the claims of all persons interested in the real property taken have been satisfied, the unexpended balance shall be ordered repaid forthwith to the agency.
  9. Upon the filing of the copy of the vote, statement, description, and plat in the land evidence records, and upon the making of the deposit in accordance with the order of the superior court, title to the real property in fee simple absolute or any lesser estate or interest specified in the resolution shall vest in the agency, and that real property shall be deemed to be condemned and taken for the use of the agency and the right to just compensation for the condemned property shall vest in the persons entitled to compensation, and the agency thereupon may take possession of the real property. No sum paid unto the court shall be charged with clerks’ fees of any nature.
  10. After the filing of the copy of the vote, statement, description, and plat, notice of the taking of that land or other real property shall be served upon the owners of, or persons having any estate or interest in, the real property by the sheriff, or his or her deputies, of the county in which the real estate is situated by leaving a true and attested copy of the vote, statement, description, and plat with each of those persons personally, or at the last and usual place of abode in this state with some person living there, and in case any of those persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the person or persons, if any, in charge of, or having possession of, the real property taken of the absent persons, and another copy shall be mailed to the address of the person, if the address is known to the officer serving the notice.
  11. After the filing of the vote, description, and plat, the agency shall cause a copy to be published in some newspaper having general circulation in the city or town in which the real property lies at least once a week for three (3) successive weeks.
  12. If any party shall agree with the agency upon the price to be paid for the value of the real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, the court, upon application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in the proceedings.
  13. Any owner of, or person entitled to any estate or right in, or interested in any part of, the real property taken, who cannot agree with the agency upon the price to be paid for his or her estate, right, or interest in the real property taken and the appurtenant damage to the remainder, may, within three (3) months after personal notice of the taking, or if he or she has no personal notice, may, within one year from the time the sum of money estimated to be just compensation is deposited in the superior court to the use of the persons entitled to the compensation, apply by petition to the superior court for the county in which the real property is situated, setting forth the taking of his or her land or his or her estate or interest in these and praying for an assessment of damages by the court or by a jury. Upon the filing of the petition, the court shall cause twenty (20) days’ notice of the filing of the petition to be given to the agency by serving the chairperson or vice chairperson of the agency with a certified copy of the notice.
  14. After the service of notice, the court may proceed to the trial thereof. The trial shall be conducted as other civil actions at law are tried. The trial shall determine all questions of fact relating to the value of the real property, and any estate or interest, and the amount of this value and the appurtenant damage to any remainder and the amount of this damage, and the trial and decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move for new trial, and to appeal, as are provided by law. Upon the entry of judgment in those proceedings, execution shall be issued against the money deposited in court and in default against any other property of the agency. Pre-judgment interest and post-judgment interest, notwithstanding § 9-21-10 , shall be computed in accordance with either the methodology set forth in § 37-6-23 or § 9-21-10 , whichever produces the lower interest cost. The interest shall be paid by the agency out of any funds appropriated and available therefor.
  15. In case two (2) or more petitioners make claim to the same real property, or to any estate or interest, or to different estate or interests in the same real property, the court shall, upon motion, consolidate their several petitions for trial at the same time, and may frame all necessary issues for the trial.
  16. If any real property or any estate or interest, in which any minor or other person not capable in law to act in his or her own behalf is interested, is taken under the provisions of this chapter, the superior court, upon the filing of a petition by or in behalf of the minor or person or by the agency, may appoint a guardian ad litem for the minor or other person. Guardians may, with the advice and consent of the superior court, and upon any terms as the superior court may prescribe, release to the agency all claims for damages for the land of the minor or other person or for any estate or interest. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of any minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the minor or other person, may before the filing of any petition, agree with the minor or other person for any taking of his or her real property or of his or her interest or estate, and may, upon receiving the amount, release to the agency all claims for damages for the minor or other person for the taking.
  17. In case any owner of, or any person having an estate or interest in, the real property fails to file his or her petition, the superior court for the county in which the real property is situated, in its discretion, may permit the filing of the petition within one year subsequent to the year following the time of the deposit in the superior court of the sum of money estimated to be just compensation for the property taken; provided, the person shall have had no actual knowledge of the taking of the land in season to file the petition; and provided, no other person or persons claiming to own the real property or estate or interest shall have been paid the value; and provided, no judgment has been rendered against the agency for the payment of the value to any other person or persons claiming to own the real estate.
  18. If any real property or any estate or interest is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court for the county in which the real property lies, the agency, after the expiration of two (2) years from the first publication of the copy of the vote, statement, description, and plat, may petition the court that the value of the estate or interest of the unknown person or persons be determined. After the notice by publication to any person or persons that the court in its discretion may order, and after a hearing on the petition, the court shall fix the value of the estate or interest and shall order the sum to be deposited in the registry of the court in a special account to accumulate for the benefit of the person or persons, if any, entitled to it. The receipt of the clerk of the superior court shall constitute a discharge of the agency from all liability in connection with the taking. When the person entitled to the money deposited shall have satisfied the superior court of his or her right to receive that money, the court shall cause it to be paid over to him or her, with all accumulations thereon.
  19. The superior court shall have power to make any orders with respect to encumbrances, liens, taxes, and other charges on the land, if any, as shall be just and equitable.
  20. Whenever, in the opinion of the agency, a substantial saving in the cost of acquiring title can be effected by conveying other real property, title to which is in the agency, to the person or persons from whom the estate or interest in real property is being purchased or taken, or by the construction or improvement by the agency of any work or facility upon the remaining real property of the person or persons from whom the estate or interest in real property is being purchased or taken, the agency shall be and hereby is authorized to convey that other real property to the person or persons from whom the estate or interest in real property is being purchased or taken and to construct or improve any work or facility upon the remaining land of the person or persons.
  21. At any time during the pendency of any proceedings for the assessment of damages for property or interests taken or to be taken by eminent domain by the agency, or in any appeal of any order entered in any such proceeding, the agency or any owner may apply to the court for an order directing an owner or the agency, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon that application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
  22. In the event that an owner of, or a person entitled to any estate or right in, or interested in any part of, the real property taken (a “petitioning party”) files a petition with the court challenging the amount that the agency had estimated to be just compensation for the property taken (the “estimated value”), and the final judgment of the court, exclusive of prejudgment interest, is an amount equal to or less than the estimated value, the petitioning party shall be required to pay the reasonable attorney’s fees and expenses incurred by the agency, and the reasonable expert witness fees and expenses incurred by the agency, in defending the estimated value.
  23. Chapter 64.12 of title 42 shall not apply to property taken by eminent domain pursuant to § 45-32-24.1 and this section.

History of Section. P.L. 2018, ch. 103, § 4; P.L. 2019, ch. 118, § 3; P.L. 2019, ch. 143, § 3.

Compiler’s Notes.

P.L. 2019, ch. 118, § 3, and P.L. 2019, ch. 143, § 3, enacted identical amendments to this section.

Severability.

P.L. 2018, ch. 103, § 5 provides: “The provisions of this act are severable, and if any of its provisions are held unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.”

45-32-25. Property devoted to other public use.

If any of the real property, estate, or interest in it, included within the project area is devoted to a public use, it may nevertheless be acquired, and the taking shall be effective; provided, that no real property or estate or interest in it belonging to a city or town or to the state government shall be acquired without its consent, and that no real property or estate or interest in it belonging to a public utility may be acquired without the approval of the division of public utilities or other officer or tribunal having regulatory power over the utility. Any real property or estate, or interest in it, already owned or acquired by the agency may nevertheless be included within the taking for the purpose of acquiring any outstanding interest in the real property.

History of Section. P.L. 1956, ch. 3654, § 75; G.L. 1956, § 45-32-25 .

45-32-25.1. Transfer of property by the state.

The director of the Rhode Island department of administration is hereby authorized and directed to grant, transfer, and convey in fee simple, in the name of and for the State of Rhode Island to the Providence redevelopment agency, and the Providence redevelopment agency is authorized to accept title to, that certain real estate described below and all improvements on the real estate belonging to the State of Rhode Island situated in the City of Providence, Rhode Island. The provisions of chapters 6 and 7 of title 37 shall not be applicable to the conveyance set forth in this section:

That certain parcel or tract of land with all improvements thereon situated on the easterly side of Cottage Street and Fountain Street and the northerly side of Washington Street in the City of Providence, County of Providence, State of Rhode Island and bounded and described as follows:

Beginning at the northeasterly corner of Cottage Street;

Thence running N49-59´-52"E bounding northerly by property now or formerly belonging to Speedy Muffler, Inc. for a distance of 3.87 feet to a corner;

Thence running southerly curving to the left along the arc of a circle having a radius of 1582.20 feet, a central angle of 14-10´-03" for an arc distance of 391.23 feet to a point of reverse curvature, the chord of the curve having a bearing of S25-16´-05"E;

Thence continuing southerly curving to the right along the arc of a circle having a radius of 32.00, a central angle of 54-22´-23" for an arc distance of 30.37 feet to a corner in the northerly street line of Washington Street;

Thence running S51-24´-32"W along the northerly street line of Washington Street for a distance of 3.00 feet to a corner and property now or formerly belonging to Providence redevelopment agency;

Thence running N39-30´-28"W bounding southwesterly by the Providence redevelopment agency property for a distance of 89.60 feet to a corner and other property now or formerly belonging to Providence redevelopment agency;

Thence running N51-24´-32"E bounding northwesterly by the Providence redevelopment agency property for a distance of 1.50 feet to a corner;

Thence running N47-05´-38"W bounding southwesterly by the Providence redevelopment agency for a distance of 71.54 feet to a corner in the northerly street line of Fountain Street;

Thence running N34-48´-32"E along the southerly street line of Fountain Street from a distance of 35.65 feet to the southeasterly corner of Fountain Street;

Thence running N44-12´-38"W along the easterly terminus of Fountain Street for a distance of 50.29 feet to a corner and property now or formerly belonging to Providence redevelopment agency;

Thence running N38-37´-28"W bounding southwesterly by the Providence redevelopment agency property for a distance of 150.69 feet to a corner in the southerly street line of Cottage Street;

Thence running N49-59´-52"E along the southerly street line of Cottage Street for a distance of 75.00 feet to the southeasterly corner of Cottage Street;

Thence running N16-32´-38"W along the easterly terminus of Cottage Street for a distance of 32.80 feet to the point and place of beginning;

This parcel contains 15,163 square feet.

History of Section. P.L. 2000, ch. 399, § 1.

45-32-26. Resolution of necessity for acquisition.

The necessity for the acquisition of real property, estate, or interest in it shall be conclusively presumed upon the adoption by the agency of a resolution which shall:

  1. Contain a description of the real property or any estate or interest in it sufficient in detail to permit an identification.
  2. Declare that the acquisition of the real property or any estate or interest in it is in the public interest and necessary for the public use.
  3. State that the real property or any estate or interest in it is included in a redevelopment project approved under this chapter.

History of Section. P.L. 1956, ch. 3654, § 64; G.L. 1956, § 45-32-26 .

45-32-27. Filing of resolution, plat, and declaration.

Within six (6) months after the adoption of a resolution pursuant to § 45-32-26 , the agency shall file in the land evidence records of the city or town where the real property is located: (1) A copy of the resolution; (2) A plat showing the real property taken or affected; (3) A declaration signed by the chairperson or vice-chair person; that the real property or estate, or interest in it, is taken pursuant to the provisions of chapters 31 — 33 of this title and indicating the nature and extent of the estate or interest in the real property taken as already stated.

History of Section. P.L. 1956, ch. 3654, § 65; G.L. 1956, § 45-32-27 .

45-32-28. Deposit in superior court of compensation for property taken.

Upon the filing of the copy of the resolution, plat, and declaration, as described in § 45-32-27 , the agency shall file in the superior court in and for the county in which the real property lies a statement of the sum of money estimated by the agency to be just compensation for the property taken, and shall deposit in the superior court, to the use of the persons entitled to it, the sum established in the statement or a greater or lesser sum in accordance with an order by the court determining the sum which should be considered sufficient to satisfy the claims of all persons having an estate or interest in the real property.

History of Section. P.L. 1956, ch. 3654, § 66; G.L. 1956, § 45-32-28 .

45-32-29. Addition to or return of deposits.

Whenever, from time to time, the agency has satisfied the court that the amount deposited with the court is either greater than required or is insufficient to satisfy the claims of all persons interested in the real property, the court may order that the amount of the excess be repaid to the agency or may order additional sums deposited as the court deems necessary. Whenever the agency has satisfied the court that the claims of all persons interested in the real property taken have been satisfied, the unexpended balance shall be repaid immediately to the agency.

History of Section. P.L. 1956, ch. 3654, § 76; G.L. 1956, § 45-32-29 .

45-32-30. Vesting of title to property taken.

Upon the filing of the copy of the resolution, plat, and declaration in the land evidence records of the city or town, and upon the making of a deposit in accordance with the order of the superior court, title to the real property in fee simple absolute or the lesser estate or interest in it, as is specified in the declaration, shall vest in the agency, and the real property deemed to be condemned and taken for the use of the agency, and the right to just compensation for it vested in the persons entitled to it.

History of Section. P.L. 1956, ch. 3654, § 67; G.L. 1956, § 45-32-30 .

45-32-31. Publication of resolution and declaration.

After the filing of the resolution, plat, and declaration, pursuant to § 45-32-27 , the secretary of the agency shall cause a copy of the resolution and declaration to be published in some newspaper published in the county where the real property lies, at least once a week for three (3) successive weeks.

History of Section. P.L. 1956, ch. 3654, § 68; G.L. 1956, § 45-32-31 .

45-32-32. Service of notice of taking.

No sum paid into the court or any interest paid on it shall be charged with clerk’s fees of any nature. After the filing of the copy of the resolution, plat, and declaration, notice of the taking shall be served upon the owners of or persons having any estate or interest in the real property by the sheriff or the sheriff ’s deputies of the county in which the person or persons reside, by leaving a copy attested by the secretary of the agency of the resolution and declaration with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and in case the person or persons do not reside in the county where the property is situated or are absent from this state and have no last and usual place of abode in the county occupied by any person, the copy shall be left by the sheriff or the sheriff’s deputies of the county where the real property lies with the person, if any, in charge of or having possession of the real property if the person is known to the officer. Whenever any owner or person entitled to any estate in or any interest in any part of the real property taken resides or is without the state, the agency shall cause to be served on that person personally, or at his or her last usual place of abode, a copy attested as prescribed of the resolution and declaration by any disinterested person, which person shall make affidavit of the service and of the mode in which, the time within, and the place at which, the service has been made; or service may be made by the admission of service by the person on the back of a copy of the resolution and a declaration and by his or her acknowledgment before an officer authorized to administer oaths under the law of the place where the admission of service is acknowledged.

History of Section. P.L. 1956, ch. 3654, § 69; G.L. 1956, § 45-32-32 .

45-32-33. Payment of agreed price.

If any person agrees with the agency for the price of the real property, or estate, or interest in it so taken, the court, upon application of all parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceedings, except as otherwise provided in § 45-31-19 .

History of Section. P.L. 1956, ch. 3654, § 70; G.L. 1956, § 45-32-33 .

45-32-34. Trial by court on damages.

Any owner of or persons entitled to any estate or interest in any part of the real property, and who cannot agree with the agency for the price of the real property, or estate or interest in it, so taken, may, within three (3) months after notice of the taking, or, if he or she has no notice, may within one year from the first publication of the copy of the resolution and declaration referred to in this chapter, apply by petition to the superior court in and for the county in which the real property lies, declaring the taking of his or her real property or estate or interest in it, and praying for an assessment of damages. Upon filing of the petition, the court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the agency by serving a resident attorney of the agency with a certified copy, and may proceed after that notice to the trial. Petitions brought under this section shall be tried by a jury, if claimed, in writing, by any party within the twenty (20) day period. The trial shall determine all questions of fact relating to the value of the real property and any estate or interest in it and the amount of it. Upon the entry of judgment in the proceeding, execution shall be issued against the money so deposited in court, and in default, against any other property of the agency. In case two (2) or more conflicting petitioners make claim to the same real property, or to any estate or interest in it, or to different estates or interests in the same real property, the court, upon motion, may consolidate their several petitions for trial at the same time and may frame all necessary issues for the trial. All proceedings taken pursuant to the provisions of this chapter shall take precedence over all civil matters pending before the court, or if the superior court in and for the county in which the real property lies is not in session in the county, then the petition may be heard in the superior court for the counties of Providence and Bristol.

History of Section. P.L. 1956, ch. 3654, § 71; G.L. 1956, § 45-32-34 ; P.L. 1964, ch. 177, § 1.

NOTES TO DECISIONS

Discretion of Court.

In absence of any unusual condition or peculiar circumstance, where evidence of comparable sales of similar properties was available, admission of condemnee’s expert testimony regarding market value of condemned property based on capitalization of rental income constituted abuse of judicial discretion. Lataille v. Housing Auth., 109 R.I. 75 , 280 A.2d 98, 1971 R.I. LEXIS 1026 (1971); Corrado v. Providence Redevelopment Agency, 117 R.I. 647 , 370 A.2d 226, 1977 R.I. LEXIS 1735 , cert. denied, 434 U.S. 807, 98 S. Ct. 37, 54 L. Ed. 2d 64, 1977 U.S. LEXIS 2720 (1977).

In reaching conclusion as to fair market value of property taken by eminent domain, court may not disregard uncontradicted testimony of expert appraisers and rely on its own personal observations of the property. Corrado v. Providence Redevelopment Agency, 110 R.I. 549 , 294 A.2d 387, 1972 R.I. LEXIS 951 (1972).

Fair Market Value.

There was legal evidence in the record from which the jury in an exercise of its fact-finding power could find that the fair market value of the property was in excess of $4,000, such evidence being that of an expert introduced by petitioner and which was admitted without objection, even though petitioner failed to establish his qualifications as an expert in the matter of real estate appraisal. Johnson v. Providence Redevelopment Agency, 96 R.I. 139 , 189 A.2d 814, 1963 R.I. LEXIS 62 (1963).

The capitalization of income method used in determining fair market value is less reliable than the comparable sales approach; it is more likely to contain erroneous assumptions, and it is often incapable of direct proof. Corrado v. Providence Redevelopment Agency, 117 R.I. 647 , 370 A.2d 226, 1977 R.I. LEXIS 1735 , cert. denied, 434 U.S. 807, 98 S. Ct. 37, 54 L. Ed. 2d 64, 1977 U.S. LEXIS 2720 (1977).

— Fixtures.

In trial by court on damages in eminent domain proceedings, the trial justice’s decision to allow defendant’s experts to give their opinion on the value of certain items as personalty was consistent with his ruling that whether or not these items were fixtures or part of the real estate was a question of fact for the jury to decide and his decision, if error, was harmless to plaintiff, the jury having decided them to be realty. Miller Enters. v. Narragansett Redevelopment Agency, 113 R.I. 618 , 324 A.2d 624, 1974 R.I. LEXIS 1217 (1974).

— Historic Landmarks.

Where the condemned property was 200 years old, possessed both fine and unusual architectural features, and was of some historical interest, the court determined that these unique or special characteristics affecting the value of property entitled the owner to submit evidence of appraised value based upon capitalization of income, even though evidence of comparable sales was in the record. Corrado v. Providence Redevelopment Agency, 117 R.I. 647 , 370 A.2d 226, 1977 R.I. LEXIS 1735 , cert. denied, 434 U.S. 807, 98 S. Ct. 37, 54 L. Ed. 2d 64, 1977 U.S. LEXIS 2720 (1977).

— Undivided Parcels.

Where a property owner petitioned for damages for the taking of a single parcel of real estate consisting of nine duplex houses, two multi-family houses and one ranch house on an undivided single lot of slightly more than one acre, the court held that testimony of an expert witness that he could find no comparable sale of a single parcel and reached his assessment of the value of the parcel by totaling the values of the individual houses from sales of comparable houses on separate lots was admissible since it appeared a reasonable method of appraisal of the fair market value in view of the fact that neither the existence of a zoning ordinance barring such division nor the fact that the parcel always had been considered an entity required that the property be considered indivisible for sale. Centracchio v. Narragansett Redevelopment Agency, 114 R.I. 667 , 337 A.2d 814, 1975 R.I. LEXIS 1467 (1975).

Jurisdiction.

The superior court has no jurisdiction of agency’s petition for assessment of damages, filed six months after condemnation, the rights of the agency to file a petition being after one year under the provisions of § 45-32-36 . Providence Redevelopment Agency v. Falcone, 92 R.I. 332 , 168 A.2d 466, 1961 R.I. LEXIS 36 (1961).

Superior court had jurisdiction to hear and determine petition for assessments of damages for eminent domain taking of owner’s property where petition was filed after the actual taking of the property. Corrado v. Providence Redevelopment Agency, 110 R.I. 549 , 294 A.2d 387, 1972 R.I. LEXIS 951 (1972).

New Trial.

That the court ruled a real estate expert competent to testify and permitted him to use the rent capitalization method of arriving at a valuation for the condemned real estate did not preclude the court, in ruling on a motion for a new trial, from rejecting the testimony of such expert as “not worthy of credence.” Kyle v. Pawtucket Redevelopment Agency, 106 R.I. 670 , 262 A.2d 636, 1970 R.I. LEXIS 972 (1970).

45-32-35. Representation of infants and incompetents.

If any real property, or any estate or interest in it, in which any infant or other person not capable in law to act in his or her own behalf is interested, is taken by the agency under the provisions of this chapter, the superior court, upon the filing in the court of a petition by the agency or by or in behalf of the infant or person, may appoint a guardian ad litem for the infant or other person. Guardians may, with the advice and consent of the superior court and upon terms that the superior court may prescribe, release to the agency all claims for damages for the land of the infant or other person or for any interest in the land. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of the infant or other person, with the approval of a court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the infant or other person, may, before the filing of the petition, agree with the agency upon the amount of damages suffered by the infant or other person for any taking of his or her real property or of his or her interest in it, and may, upon receiving that amount, release to the agency all claims of damages of the infant or other person for the taking.

History of Section. P.L. 1956, ch. 3654, § 73; G.L. 1956, § 45-32-35 .

45-32-36. Unknown owners.

If any real property or any estate or interest in it is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court for the county in which the real property lies, the agency, after the expiration of one year from the first publication of the copy of the resolution and declaration referred to in § 45-32-31 , may petition the court that the value of the estate or interest of the unknown person or persons be determined. After notice by publication to those persons as ordered by the court, and after hearing on the petition, the court shall fix the value of the estate or interest, and order the agency to deposit the sum in the registry of the court in a special account to accumulate for the benefit of the person, if any, entitled to it. The agency making the deposit shall take the receipt of the clerk of the superior court, and be discharged from all liability. When the person entitled to the money deposited has satisfied the superior court of his or her right to receive it, the court shall cause it to be paid over to that person, with all accumulations.

History of Section. P.L. 1956, ch. 3654, § 74; G.L. 1956, § 45-32-36 .

NOTES TO DECISIONS

Agency Petition.

The superior court has no jurisdiction of agency’s petition for assessment of damages, filed six months after condemnation. Providence Redevelopment Agency v. Falcone, 92 R.I. 332 , 168 A.2d 466, 1961 R.I. LEXIS 36 (1961).

45-32-37. Immediate payment of compensation — Expediting proceedings.

In any proceedings for the assessment of damages for real property so taken by any agency the following provisions are applicable:

  1. Upon the application of any party in interest and upon joinder of all other parties in interest, the court, on conditions that it may deem proper, may order that the money deposited in the court, or any part of it, be paid immediately, without interest for or on account of the just compensation to, be awarded in the proceeding. If the damages finally awarded in respect to the real property, or any part of the damages, exceeds the amount of the money so received by any person entitled to it, the court shall enter judgment against the funds so deposited in court or, in default of it, against other property of the agency for the amount of the deficiency plus interest on the deficiency and costs. If the judgment entered is less than the amount withdrawn, then, and in that event, judgment shall be entered for the agency for the difference between the amount withdrawn and the amount of the judgment plus interest on the overpayment and costs.
  2. At any time during the pendency of the action or proceeding, the agency or an owner may apply to the court for an order directing an owner or the agency, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.

History of Section. P.L. 1956, ch. 3654, § 71; G.L. 1956, § 45-32-37 .

NOTES TO DECISIONS

Interest.

Provisions of this section limiting payment of interest to excess amount awarded has no application where funds have not been withdrawn, and in such case the awarding of interest on the entire amount from date of taking was proper. Di Marzio v. Providence Redevelopment Agency, 92 R.I. 7 , 165 A.2d 716, 1960 R.I. LEXIS 127 (1960).

45-32-38. Orders as to charges on lands.

The superior court has power to make orders with respect to encumbrances, liens, taxes, and other charges on the land, if any, as that are just and equitable.

History of Section. P.L. 1956, ch. 3654, § 72; G.L. 1956, § 45-32-38 .

NOTES TO DECISIONS

In General.

Although this section empowers the superior court to make orders as to encumbrances, liens, taxes and charges on land, those powers are given in connection with hearings on petition of property owner authorized by § 45-32-34 and it does not create a cause of action on which a redevelopment agency can base a petition to confirm its title to land condemned, determine fair market values and determine interest and claims of owners, filed six months after condemnation. Providence Redevelopment Agency v. Falcone, 92 R.I. 332 , 168 A.2d 466, 1961 R.I. LEXIS 36 (1961).

45-32-39. “Owner” defined.

“Owner” for the purposes of §§ 45-32-24 45-32-38 means a person having an estate, interest, or easement in the real property or a lien, charge, or encumbrance on it.

History of Section. P.L. 1956, ch. 3654, § 77; G.L. 1956, § 45-32-39 .

45-32-40. Taxation of real property acquired.

All real property acquired by an agency for redevelopment purposes is subject to taxation in the same manner and at the same rate as other real property in the community unless the real property is located in the city of Providence or the city of Pawtucket and is exempted by an ordinance enacted by the city council.

History of Section. P.L. 1956, ch. 3654, § 62; G.L. 1956, § 45-32-40 ; P.L. 1998, ch. 469, § 1; P.L. 2018, ch. 103, § 3.

Severability.

P.L. 2018, ch. 103, § 5 provides: “The provisions of this act are severable, and if any of its provisions are held unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.”

45-32-41. Proration of property tax.

Notwithstanding the provisions of any other statute enacted before April 2, 1956, all taxes assessed against any real property acquired by the agency in accordance with the provisions of this chapter may be prorated in the following manner:

The owner of record on the date of assessment is responsible for the payment of those taxes from the date of assessment to the date of the taking of the property, and payment by the owner of record of those taxes allocable from the date of assessment to the date the agency acquires the real property, plus the payment of any other assessment constituting a lien on the property taken, discharges and releases the owner on the date of assessment from further liability with respect to taxes assessed against the real property taken, and thereafter the agency shall be responsible for the payment of those taxes.

History of Section. P.L. 1956, ch. 3654, § 63; G.L. 1956, § 45-32-41 .

45-32-42. Cooperation by public bodies.

  1. For the purpose of further aiding and cooperating in any redevelopment project of an agency, any state public body may, upon terms, with or without consideration, as it may determine:
    1. Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges in it to an agency;
    2. Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;
    3. Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan public streets or ways or other public places which it is otherwise empowered to undertake;
    4. Plan or replan, zone or rezone, any part of the area within the jurisdiction of the state public body; and make exceptions and variances from building and zoning regulations and ordinances;
    5. Cause services to be furnished to the agency of the character which the state public body is otherwise empowered to furnish;
    6. Enter into agreements with respect to the exercise by the state public body of its powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings;
    7. Incur the entire expense of any public improvements made by the state public body in exercising the powers granted in this section;
    8. Lend, grant, or contribute funds to a redevelopment agency, or enter into agreement with the redevelopment agency or other public body, to furnish funds or other assistance; and
    9. Do any and all things necessary or convenient to aid and co-operate in the redevelopment of a redevelopment area.
  2. Any sale, conveyance, lease, or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement, or public bidding.

History of Section. P.L. 1956, ch. 3654, § 87; G.L. 1956, § 45-32-42 .

NOTES TO DECISIONS

In General.

Former slum clearance and redevelopment law was for a public purpose, hence public funds raised by taxation or by bonds could be used in carrying out a redevelopment plan under provisions of the law. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

45-32-43. Work to be done by contract.

All work of grading, clearing, demolition, improvement, repair, or construction of a value of more than one thousand dollars ($1,000) undertaken by the agency, shall be done by contract, subject to the terms and conditions of §§ 37-13-1 37-13-13 and additions and amendments to them.

History of Section. P.L. 1956, ch. 3654, § 88; G.L. 1956, § 45-32-43 .

45-32-44. Compliance with federal wage and hours policies.

Notwithstanding the provisions of § 45-32-43 or any other law, the agency may agree to any conditions attached to financial assistance from the federal government relating to the determination of prevailing salaries or wages or compliance with labor standards, and may include in any contract let in connection with a redevelopment project, stipulations requiring that the contractor and any subcontractors comply with those conditions as to minimum salaries or wages and maximum hours of labor.

History of Section. P.L. 1956, ch. 3654, § 88; G.L. 1956, § 45-32-44 .

45-32-45. Joint action by different cities and towns.

Two (2) or more communities may jointly exercise the powers granted under chapters 31 — 33 of this title and, in that case the planning commissions, legislative bodies, and agencies may hold joint hearings and meetings, or the legislative bodies of the communities, acting separately, may each designate the agency of one of the communities to act as the agency of all the communities interested. In this event, the designated agency shall cooperate with the planning commission of each community in formulating redevelopment plans, and, whenever a redevelopment plan is submitted to the legislative body, each planning commission shall report to the legislative body of its community within thirty (30) days on the redevelopment plan and its conformity to the master or general plan of the community.

History of Section. P.L. 1956, ch. 3654, § 89; G.L. 1956, § 45-32-45 .

45-32-46. Consent to inclusion of area in project of contiguous city or town.

The legislative body of any community may by resolution consent to the inclusion of a part of the area under its jurisdiction in a contiguous project area to be developed by another community.

History of Section. P.L. 1956, ch. 3654, § 89; G.L. 1956, § 45-32-46 .

45-32-47. Continuation of prior projects.

Nothing contained in chapters 31 — 33 of this title, affects the right of an agency to continue and carry out to completion any redevelopment project for which a redevelopment plan has been approved by the legislative body of the community under the provisions of chapter 2574 of the Public Laws of 1950 prior to April 2, 1956, and the provisions of chapter 2574 of the Public Laws of 1950 shall remain in full force and effect and applicable to the project or projects. Nothing contained in chapters 31 — 33 of this title affects the rights of any person, firm, or corporation acquired before April 2, 1956 against an agency.

History of Section. P.L. 1956, ch. 3654, § 91; G.L. 1956, § 45-32-47 .

Cross References.

Severability, § 45-31-25 .

45-32-48. Authorized acquisition, relocation, and improvement expenses.

  1. Notwithstanding any provisions of chapters 31 — 33 of this title, any redevelopment agency functioning pursuant to § 45-31-10 or 45-31-17 , in connection with its undertaking or carrying out a redevelopment project or formulating a redevelopment plan is authorized to:
    1. Acquire real property in any area designated a redevelopment area pursuant to the provisions of § 45-32-4 , demolish or remove the structures on the property, provide for relocation of occupants, including the payment of sums for relocation expenses to the occupants of the property that are permitted by the federal government (notwithstanding the limitation in amount imposed by § 45-31-27 ), and to clear and improve the property, regardless of the stage of development of the redevelopment project or plan or any modification of the plan for that area or any portions of it, whether it is before or after the approval of the plan or its modification by the legislative body, and
    2. Dispose of the property acquired under this section without regard to the provisions of chapters 31 — 33 of this title, for the disposition of property in a project area.
  2. Any sale or lease of the property may be made without public bidding, provided that no sale or lease is made until at least ten (10) days after the legislative body of the community has received from the agency a report concerning the proposed sale or lease and has approved the report by resolution. Any agency may enter into a contract or contracts with private financial institutions and/or with the federal government for the purpose of obtaining financial or technical assistance in connection with the aforedescribed acquisition, demolition, clearance, relocation, and improvement, and may borrow, at interest rates and on other terms and conditions that it may deem proper, from those private financial institutions or the federal government, sums necessary for the acquisition of the real property and related expenses, the management of the real property, the relocation of the occupants of the real property, the demolition of the buildings or structures and the clearance of and improvement of the land and real property so acquired, and other related administrative costs and payments. Any agency may, on terms and conditions that it may deem proper, mortgage or otherwise encumber the property so acquired, or any other property owned by it for the purpose or purposes of securing the repayment of any money borrowed to carry out the aforementioned undertaking.

History of Section. P.L. 1962, ch. 178, § 1; P.L. 2009, ch. 310, § 62.

45-32-49. Guarantee and acceptance of responsibility by community.

  1. Any community, for the purpose of aiding in the undertakings authorized by § 45-32-48 , notwithstanding any other provisions of the general laws, has the power and right to assume the responsibility for and to guarantee repayment of any loan made to an agency by private financial institutions or the federal government on terms and conditions that it may deem proper and to bear any loss which may arise as the result of the acquisition of the real property, all administrative costs and other payments relating thereto, including the management thereof, the actual sums disbursed to the occupants for relocation expenses (notwithstanding the limitation in amount imposed by § 45-31-27 ), the demolition and removal of buildings or structures on the real property, and the clearance and improvement of the land so acquired, in the event the redevelopment plan for the project is not approved or is amended to omit any or all property, or is abandoned for any reason.
  2. No guarantee or responsibility shall be executed or assumed by any community until the legislative body of the community has passed an ordinance specifically authorizing the assumption of a guarantee and acceptance of responsibility.
  3. Before passing an ordinance, the legislative body of the community or its committee to which the proposed ordinance has been referred, shall hold a public hearing after giving notice of the date, time, place, and purpose.
  4. The notices shall be published not less than once a week for three (3) successive weeks prior to the hearing in a newspaper of general circulation published in the community or, if no newspaper is published in a community, then in a newspaper of general circulation in the community.
  5. At the public hearing, all interested persons or agencies shall have an opportunity to be heard and to submit communications in writing. The public hearing may be held jointly with the hearing required under § 45-32-4 and/or with the hearing required under § 45-32-11 if the legislative body so directs.

History of Section. P.L. 1962, ch. 178, § 1.

45-32-50. Calculation of interest under condemnation.

Upon recovery of final judgment of condemnation paid by the agency under this chapter, execution shall be issued and judgment computed in the same manner as provided for in § 37-6-23 .

History of Section. P.L. 1998, ch. 269, § 1.

Chapter 32.1 Redevelopment Aid for Hospital and Educational Purposes

45-32.1-1. Purpose.

The purpose of this chapter is to assist any municipality in this state, or any redevelopment agency created or to be created pursuant to § 45-31-9 , to obtain credit from the federal government for local grants in aid to urban renewal which is federally assisted under the Federal Urban Renewal Law (title I of the Housing Act of 1949, as amended, mostly omitted by 42 U.S.C. § 5316, which terminated the authority to make most grants or loans after January 1, 1975; see, however, 42 U.S.C. § 1452c) for certain expenditures in connection with land, buildings, or structures (and the relocation of occupants) within, adjacent to, or in the immediate vicinity of, a redevelopment project area which are redeveloped or rehabilitated for educational or hospital use in accordance with a redevelopment plan or a development plan acceptable to the United States of America or department, agency, or instrumentality thereof after considering the standards of title I of the Housing Act of 1949, as amended.

History of Section. P.L. 1966, ch. 249, § 1.

Federal Act References.

For federal provisions dealing with the subject matter of this section, see now the National Affordable Housing Investment in Affordable Housing Provisions, 42 U.S.C. § 12839, Low-Income Housing General Program of Assisted Housing, 42 U.S.C. § 1437c, and Slum Clearance and Urban Renewal, 42 U.S.C. § 1452c.

45-32.1-2. Preparation and approval of development plans.

The legislative body of any community is authorized to approve after a public hearing a development plan proposed by an educational institution of higher learning, hospital, private redevelopment corporation, municipal or other public corporation, or authority established by the state for the redevelopment and renewal of an area within, adjacent to, or in the immediate vicinity of the area of a redevelopment project assisted by the federal government under title I of the Housing Act of 1949, as amended, mostly omitted by 42 U.S.C. § 5316, which terminated the authority to make most grants or loans after January 1, 1975; see, however, 42 U.S.C. § 1452c which is being undertaken by a redevelopment agency or by any city or town in this state. An educational institution of higher learning, a hospital, private redevelopment corporation, municipal or other public corporation, or any authority established by the state is authorized to prepare a development plan. Any state public body may authorize any educational institution of higher learning or hospital established and maintained by the state public body to prepare a development plan.

History of Section. P.L. 1966, ch. 249, § 1.

Federal Act References.

For federal provisions dealing with the subject matter of this section, see now the National Affordable Housing Investment in Affordable Housing Provisions, 42 U.S.C. § 12839, Low-Income Housing General Program of Assisted Housing, 42 U.S.C. § 1437c, and Slum Clearance and Urban Renewal, 42 U.S.C. § 1452c.

45-32.1-3. Public hearing.

  1. Prior to the approval of a development plan by the legislative body pursuant to § 45-32.1-2 , the legislative body of the community or its committee, to which the plan has been referred, shall hold a public hearing on the development plan. The public hearing shall be held not more than sixty (60) days after receipt by the legislative body of the development plan.
  2. Notice of the time, place, and purpose of the hearing shall be given by publication not less than once a week for three (3) successive weeks prior to the hearing in a newspaper of general circulation published in the community, or if no newspaper is published in the community, then in a newspaper of general circulation in the community.

History of Section. P.L. 1966, ch. 249, § 1.

45-32.1-4. Cooperation in carrying out approved development plan.

If the legislative body of a community approves a development plan for an area, the city or town or the redevelopment agency may cooperate with the educational institution of higher learning, hospital, private redevelopment corporation, municipal or public corporation, or authority in carrying out the approved development plan, and, for this purpose, may contract with the hospital, educational institution, corporation, or authority for the exercise of any of the powers of the city or town or the redevelopment agency. Any city or town or any redevelopment agency, educational institution of higher learning, and, when so authorized by the city or town, any educational institution of higher learning, or hospital, established and maintained by any city or town or any hospital may do all things and may take actions that may be necessary or desirable to assure that the community or the redevelopment agency obtains credit as a local grant in aid for the aggregate amount of expenditures made by any educational institution, hospital, corporation, or authority which would be eligible under title I of the Housing Act of 1949, as amended mostly omitted by 42 U.S.C. § 5316, which terminated the authority to make most grants or loans after January 1, 1975; see, however, 42 U.S.C. § 1452c.

History of Section. P.L. 1966, ch. 249, § 1.

Federal Act References.

For federal provisions dealing with the subject matter of this section, see now the National Affordable Housing Investment in Affordable Housing Provisions, 42 U.S.C. § 12839, Low-Income Housing General Program of Assisted Housing, 42 U.S.C. § 1437c, and Slum Clearance and Urban Renewal, 42 U.S.C. § 1452c.

45-32.1-5. Use of public funds.

Public funds may be used by a community, a public corporation, or a redevelopment agency to carry out its purposes under this chapter, and appropriations for the purposes of this chapter are authorized.

History of Section. P.L. 1966, ch. 249, § 1.

45-32.1-6. Definitions.

The following terms wherever used or referred to in this chapter have the following meanings unless a different meaning is clearly indicated by the context:

  1. “Community” means any city or town in this state.
  2. “Development plan” means a plan for the redevelopment or renewal of an area, including acquisition of land, buildings, and structures to be redeveloped or rehabilitated for educational or hospital use and demolition of buildings and structures, which:
    1. Shall conform to the general plan of the community as a whole, and
    2. Shall conform to the requirements of the “Redevelopment Act of 1956,” chapters 31 — 33 of this title, with respect to the contents of the redevelopment plan.
  3. “Educational institution of higher learning” means any public or private educational institution, no part of the net earnings of which inures to the benefit of any private shareholder or individual which
    1. Provides an educational program for which it awards a baccalaureate degree, or provides for not less than a two (2) year program which is acceptable for full credit towards a degree, or is a graduate or professional school, and
    2. Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three (3) accredited educational institutions for credit on the same basis as if transferred from an institution so accredited.
  4. “Educational uses” means those uses related to the functions of teaching or research, or the housing, feeding, and care of students and faculty, or otherwise intended for the primary benefit of students and faculty.
  5. “Hospital” means any public or private hospital licensed by the state, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
  6. “Hospital uses” means those uses related to the functions of a hospital in providing care and treatment of the ill or injured, including the housing, feeding, and care of resident interns, physicians, and nurses.
  7. “Legislative body” means the city council or town council.
  8. “Private redevelopment corporation” means
    1. Any corporation which is wholly owned or controlled by one or more educational institutions of higher learning or hospitals, or which has been constituted as an instrumentality of the institutions or hospitals; or
    2. A corporation which operates on a nonprofit basis in behalf of a hospital or an educational institution.
  9. “Redevelopment agency” means the public body or agency authorized by the “Redevelopment Act of 1956,” chapters 31 — 33 of this title, to undertake and carry out redevelopment projects.
  10. “Redevelopment plan” means a redevelopment plan prepared and approved in accordance with the provisions of the “Redevelopment Act of 1956,” chapters 31 — 33 of this title.
  11. “Redevelopment project” means any work or undertaking of a redevelopment agency pursuant to chapters 31 — 33 of this title.
  12. “State public body” means the state, or any city or town or any other subdivision or public body of the state or of any city or town.

History of Section. P.L. 1966, ch. 249, § 1.

Chapter 33 Redevelopment Financing

45-33-1. Establishment of revolving fund.

The legislative body of any community, at any time after it has adopted a resolution declaring that there is a need for an agency to function in the community, may establish a redevelopment revolving fund. For the purpose of raising moneys to be deposited in that fund, the community may appropriate tax money or other funds, and/or issue and sell its general obligation or revenue bonds, and the moneys shall be used to effectuate the purposes and the provisions of chapters 31 — 33 of this title, upon resolution of the legislative body.

History of Section. P.L. 1956, ch. 3654, § 41; G.L. 1956, § 45-33-1 .

Cross References.

Definitions, § 45-31-8 .

Comparative Legislation.

Redevelopment:

Conn. Gen. Stat. § 8-124 et seq.

Mass. Ann. Laws ch. 121A, §§ 1-19.

NOTES TO DECISIONS

In General.

Former law was primarily intended to serve a public purpose and the property taken in accordance with its terms was for a public use. Opinion to Governor, 76 R.I. 249 , 69 A.2d 531, 1949 R.I. LEXIS 112 (1949).

Former law was for a public purpose, hence public funds raised by taxation or by bonds could be used in carrying out a redevelopment plan. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

45-33-2. Bonds of city or town.

  1. The legislative body may also authorize the issuance of general obligation or revenue bonds to provide moneys to be used by the agency to carry out a redevelopment plan for a specific project area or for code enforcement projects carried on pursuant to the provision of appropriate federal legislation, and shall provide that any portion of the proceeds of the sale of the bonds, not required to carry out the redevelopment plan or code enforcement projects, shall be returned to the community and used to pay the principal and interest on any outstanding bonds of that issue, and any surplus then remaining shall be transferred to the bond redemption fund of the community.
  2. The bonds shall be issued and sold at times, in amounts, with maturities and other terms, and in a form that the legislative body determines. Irrespective of any limitation, by general or special law, as to the amount of the bonds which may be issued, a community may issue the bonds, for the purposes defined by this section, in excess of the limitation in the amount as may be approved by the voters of the community at any general or special election, and all bonds issued under this section are exempted from the operation of § 45-12-2 . The community shall annually appropriate a sum sufficient to pay the interest upon its outstanding general obligation bonds issued under the authority of this section, and also to pay the principal of the bonds maturing in that year, until the bonds are paid in full. This section constitutes statutory approval for the incurring of debt for the purposes of chapters 31 — 33 of this title, wherever that approval is required by any general or special law.

History of Section. P.L. 1956, ch. 3654, § 41; G.L. 1956, § 45-33-2 ; P.L. 1971, ch. 78, § 2.

45-33-3. Abolition of revolving fund.

The legislative body of any community may abolish the redevelopment revolving fund whenever it finds that the purposes for which the fund was established have been accomplished. At the time of abolishing the fund, the legislative body shall transfer all moneys in the fund to the general obligation bond redemption fund, and shall provide that all moneys thereafter deposited or redeposited in the redevelopment revolving fund are deposited in the general obligation or revenue bond redemption fund. Any surplus existing in the general obligation or revenue bond redemption fund after payment of principal and interest shall be transferred to the general fund of the community.

History of Section. P.L. 1956, ch. 3654, § 42; G.L. 1956, § 45-33-3 .

45-33-4. Appropriations, borrowing, and loans by cities and towns.

Any community in this state is authorized to appropriate moneys raised by taxes or other funds, including, but not limited to, funds in the redevelopment revolving fund, and to borrow money as provided in chapters 31 — 33 of this title, and may lend or give the money to any redevelopment agency established by it for the purpose of acquiring property in any project area or for the clearance and preparation of any project area for redevelopment or for financing, or otherwise assisting in the carrying out of any redevelopment plan or to effectuate the purposes and provisions of chapters 31 — 33 of this title.

History of Section. P.L. 1956, ch. 3654, § 43; G.L. 1956, § 45-33-4 .

NOTES TO DECISIONS

In General.

Former law was for a public purpose, hence public funds raised by taxation or by bonds could be used in carrying out a redevelopment plan. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

45-33-5. Power to issue bonds — Revenue and mortgage bonds.

An agency has power to issue bonds from time to time in its discretion, for any of its corporate purposes. The term “bonds” means and includes the notes, bonds, and other evidences of indebtedness which an agency is authorized to issue pursuant to chapters 31 — 33 of this title. An agency also has power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An agency may issue those types of bonds as it may determine, including bonds on which the principal and interest are payable:

  1. Exclusively from the income and revenues of the development project or projects financed with the proceeds of those bonds, or with the proceeds together with financial assistance from the city, state, or federal governments in aid of the projects;
  2. Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds;
  3. From its revenues generally;
  4. From any contributions or other financial assistance from the city, state, or federal governments; or
  5. By any combination of these methods. Any of the bonds may be additionally secured by a pledge of any revenues or by an encumbrance (whether by mortgage, deed of trust, or otherwise) of any redevelopment project, projects, or other property of the agency.

History of Section. P.L. 1956, ch. 3654, § 78; G.L. 1956, § 45-33-5 ; P.L. 1999, ch. 497, § 2.

NOTES TO DECISIONS

In General.

Former law was for a public purpose, hence public funds raised by bonds could be used in carrying out a redevelopment plan. Ajootian v. Providence Redevelopment Agency, 80 R.I. 73 , 91 A.2d 21, 1952 R.I. LEXIS 11 (1952).

45-33-6. Restrictions on liability on bonds.

Neither the members of an agency nor any person executing the bonds are personally liable on the bonds by reason of their issuance. The bonds and other obligations of any agency (and those bonds and other obligations shall so state on their face) are not a debt of the community, the state or any political subdivision other than the agency and neither the community nor the state, or any political subdivision other than the agency, are liable for them, nor in any event are those bonds or obligations payable out of any funds or properties other than those of the agency. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

History of Section. P.L. 1956, ch. 3654, § 78; G.L. 1956, § 45-33-6 .

45-33-7. Terms and form of bonds.

Bonds of an agency are authorized by its resolution, and may be issued in one or more series, and shall bear a date or dates, mature at time or times, bear interest at a rate or rates, be in a denomination or denominations, be in a form, either coupon or registered, carry conversion or registration privileges, have a rank or priority, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms of redemption (with or without premium) that the resolution, its trust indenture, or mortgage may provide. Bonds of an agency may be sold at public or private sale at a price or prices to be determined by the agency.

History of Section. P.L. 1956, ch. 3654, § 79; G.L. 1956, § 45-33-7 ; P.L. 1999, ch. 497, § 2.

45-33-8. Terms and covenants permissible in bonds.

In connection with the issuance of bonds, an agency, in addition to its other powers, has power:

  1. To pledge all or any part of its net rents, fees, or revenues to which its right then exists or may thereafter come into existence.
  2. To encumber (by mortgage, deed of trust, or otherwise) all or any part of its real or personal property, then owned or thereafter acquired.
  3. To covenant against pledging all or any part of its rents, fees, and revenues, or against encumbering all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on revenues or property; to covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any redevelopment project or any part of it; and to covenant as to what other or additional debts or obligations may be incurred by it.
  4. To covenant as to the bonds to be issued and as to the issuance of those bonds in escrow or otherwise, and as to the use and disposition of the proceeds of those bonds; to provide for the replacement of lost, destroyed, or mutilated bonds, to covenant against extending the time for the payment of its bonds or interest on them; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions of the bonds.
  5. To covenant, as to the consideration of rents and fees to be charged in the sale or lease of a redevelopment project or projects, or any part of it, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made of the rents, fees, and other revenues; and to create or to authorize the creation of special funds for moneys held for redevelopment or other costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in those funds.
  6. To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given.
  7. To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement of it, the insurance to be carried, and the use and disposition of insurance moneys.
  8. To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which the declaration and its consequences may be waived.
  9. To vest in a trustee or trustees or the holders of bonds or any proportion of them, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by the agency, to take possession of any redevelopment project or part of it, and to collect the rents and revenues arising from the bonds, and to dispose of the moneys in accordance with the agreement of the agency with the trustee or trustees; to provide for the powers and duties of a trustee or trustees, and to limit the liabilities; and to provide the terms and conditions upon which the trustee or trustees or the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.
  10. To exercise all or any part or combination of the powers granted by this section; and to make covenants and to do any and all acts and things that may be necessary or convenient or desirable in order to secure its bonds, or, in the discretion of the agency, except as otherwise provided in chapters 31 — 33 of this title, that will tend to make the bonds more marketable, notwithstanding that the covenants, acts, or things may not be enumerated in this section.

History of Section. P.L. 1956, ch. 3654, § 80; G.L. 1956, § 45-33-8 .

45-33-9. Repealed.

Repealed Sections.

This section (P.L. 1956, ch. 3654, § 79; G.L. 1956, § 45-33-11 ; P.L. 1971, ch. 78, § 3) concerning the sale of bonds, was repealed by P.L. 1999, ch. 497, § 3, effective July 8, 1999.

45-33-10. Continuing validity of signatures — Negotiability of bonds.

In case any of the members or officers of the agency whose signatures appear on any bonds or coupons cease to be members or officers before the delivery of the bonds, their signatures are, nevertheless, valid and sufficient for all purposes, the same as if they had remained in office until delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to chapters 31 — 33 of this title are fully negotiable.

History of Section. P.L. 1956, ch. 3654, § 79; G.L. 1956, § 45-33-10 .

45-33-11. Recitals as to purpose of bonds.

In any suit, action, or proceedings involving the validity or enforceability of any bonds of an agency or their security, any bond reciting in substance that it has been issued by the agency to aid in financing a redevelopment project or for code enforcement projects, shall be conclusively deemed to have been issued for a redevelopment project of character, and the project conclusively deemed to have been planned, located, and constructed in accordance with the purposes and provisions of chapters 31 — 33 of this title, or, if issued for a code enforcement project or projects, conclusively deemed to have been issued for a code enforcement project or projects of character, and the project or projects conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of appropriate federal legislation.

History of Section. P.L. 1956, ch. 3654, § 79; G.L. 1956, § 45-33-11 ; P.L. 1971, ch. 78, § 3.

45-33-12. Remedies of obligees.

An obligee of an agency has the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:

  1. By mandamus, suit, action, or proceeding at law or in equity, to compel the agency and its members, officers, agents, or employees to perform each and every term, provision, and covenant contained in any contract of the agency with or for the benefit of the obligee, and to require the carrying out of any or all covenants and agreements of the agency and the fulfillment of all duties imposed upon the agency by chapters 31 — 33 of this title.
  2. By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of an obligee of the agency.

History of Section. P.L. 1956, ch. 3654, § 81; G.L. 1956, § 45-33-12 .

45-33-13. Additional remedies conferrable on obligees.

An agency has power, by its resolution, trust indenture, mortgage, lease, or other contract, to confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event or default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:

  1. To cause possession of any redevelopment project or any part of it to be surrendered to the obligee.
  2. To obtain the appointment of a receiver of any redevelopment project of the agency or any part of it and of the rents and profits from it. If a receiver is appointed, he or she may enter and take possession of the redevelopment project or any part of it, and operate and maintain the redevelopment project, and collect and receive all fees, rents, revenues, or other charges thereafter arising from it, and keep those moneys in a separate account or accounts and apply the moneys in accordance with the obligation of the agency as the court directs.
  3. To require the agency and its members and employees to account as if it and they were the trustees of an express trust.

History of Section. P.L. 1956, ch. 3654, § 82; G.L. 1956, § 45-33-13 .

45-33-14. Tax exemption of bonds.

The bonds of an agency are declared to be issued for an essential public and governmental purpose, and, together with interest and income, are exempt from all taxes.

History of Section. P.L. 1956, ch. 3654, § 83; G.L. 1956, § 45-33-14 .

45-33-15. Bonds as legal investments.

Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and the public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, and all insurance companies, insurance associations, and other persons carrying on an insurance business, may legally invest any sinking funds, moneys, or other funds, belonging to them or within their control, in any bonds or other obligations issued by an agency, as herein defined, and those bonds and other obligations shall be authorized security for all public deposits; it being one of the purposes of chapters 31 — 33 of this title, to authorize all persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and any funds held on deposit, for the purchase of any bonds or other obligations; provided, that nothing contained in chapters 31 — 33 of this title, shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

History of Section. P.L. 1956, ch. 3654, § 84; G.L. 1956, § 45-33-15 .

45-33-16. Financial assistance by other public agencies.

In addition to the powers conferred upon an agency by other provisions of chapters 31 — 33 of this title, an agency is empowered to borrow money or accept financial or other assistance, from the federal or state government or any state public body, for or in aid of any redevelopment project, and to those ends the agency is empowered to comply with any conditions attached, not inconsistent with the purposes of these chapters.

History of Section. P.L. 1956, ch. 3654, § 86; G.L. 1956, § 45-33-16 .

45-33-17. Previously issued bonds ratified.

All proceedings taken before April 2, 1956, by a legislative body of a community authorizing the issuance of bonds of a community to provide funds for a redevelopment revolving fund under § 46 of chapter 1802 of the Public Laws of 1946, as amended, or for a redevelopment revolving fund under § 49 of chapter 2574 of the Public Laws of 1950, where the issuance of bonds has been approved by the voters of the community, are ratified, confirmed, and declared legal in all respects, and the issuance of any bonds so authorized is approved and reauthorized, notwithstanding the repeal of chapter 1802 of the Public Laws of 1946, as amended, or of chapter 2574 of the Public Laws of 1950, and notwithstanding the provisions of the charter of any community or of any general or special law.

History of Section. P.L. 1956, ch. 3654, § 92; G.L. 1956, § 45-33-17 .

Chapter 33.1 Rehabilitation Loans

45-33.1-1. Rehabilitation loans.

The various cities and towns and their respective redevelopment agencies are severally authorized to make secured and unsecured loans with or without interest to any one or more persons, partnerships, or corporations for the purpose of making repairs, rehabilitation, or alterations to structures located within their respective communities. These loans may be made to bring those structures into compliance with their respective housing standards, or into compliance with rehabilitation standards contained in any redevelopment plan approved pursuant to chapters 31 — 33 of this title, or to improve the respective structures, real estate, or neighborhoods. These loans may also be made to state-chartered limited equity housing cooperatives.

History of Section. P.L. 1976, ch. 279, § 1; P.L. 1986, ch. 256, § 7.

45-33.1-2. Acceptance of security interests and mortgages.

The various cities and towns and their respective redevelopment agencies are severally authorized to accept security interests and mortgages in personal property and real estate to secure loans made under this chapter, and are severally empowered to exercise all of the rights of a secured party or mortgagee with respect to those secured loans.

History of Section. P.L. 1976, ch. 279, § 1.

45-33.1-3. Powers additional.

The authorization and empowerments provided by this chapter are in addition to all other powers already granted and existing in the cities and towns and their respective redevelopment agencies.

History of Section. P.L. 1976, ch. 279, § 1.

Chapter 33.2 Municipal Tax Increment Financing Act

45-33.2-1. Short title.

This chapter may be referred to and cited as the “Municipal Tax Increment Financing Act.”

History of Section. P.L. 1984, ch. 78, § 1; P.L. 2018, ch. 156, § 3; P.L. 2018, ch. 292, § 3.

Compiler’s Notes.

P.L. 2018, ch. 156, § 3, and P.L. 2018, ch. 292, § 3 enacted identical amendments to this section.

45-33.2-2. Legislative findings.

It is found and declared that for the public health, safety, morals, and welfare of the people of the state generally, the increase of their commerce, welfare, and prosperity and the improvement of their housing, employment and educational opportunities and general living conditions, as well as in order to remedy the conditions found to exist in the state as declared in § 45-31-3 , it is essential to provide new employment opportunities to prevent, arrest, and alleviate blighted, decayed, and substandard areas in cities and towns, to increase the supply of housing available to homeowners and to tenants at low rentals, to increase the tax base, to encourage the development of undeveloped land in the town of West Greenwich, and to improve the general economy of the state; and that it is the purpose of this chapter to provide an additional and alternative means to cities and towns to fund and/or finance municipal and other public facilities and residential, commercial and industrial development and revitalization, home ownership; and programs to combat poverty, improve municipal and neighborhood living conditions and provide improved employment and educational opportunities, all to the public benefit and good, in the manner provided in this chapter.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 1992, ch. 424, § 1; P.L. 1999, ch. 506, § 1.

45-33.2-3. Definitions.

As used in §§ 45-33.2-3 through 45-33.2-21 in this chapter, excepting § 45-33.2-3 .1, or as otherwise specified with respect to other sections, unless a different meaning clearly appears from the context, the following words have the following meanings:

  1. “Base date” means the last assessment date next preceding the adoption of the project plan.
  2. “Capital project” means a project to purchase, upgrade, improve, or extend the useful life of property infrastructure or equipment with a useful life of more than one year.
  3. “Project” means the undertaking of one or more of the following activities in accordance with a project plan:
    1. The acquisition of land and improvements on it, if any, within the project area, and the assembly and clearance of the land so acquired,
    2. The development, redevelopment, revitalization, or conservation of the project area through the construction or rehabilitation of buildings or other improvements or through acquisition by gift, purchase, or eminent domain of land and any improvements of the area, and demolition, removal, or rehabilitation of those improvements, whenever these activities are necessary to provide land for and the development of needed municipal and other public facilities or industrial or commercial development or revitalization, or to eliminate unhealthful, unsanitary, or unsafe conditions or lessen density, mitigate or eliminate traffic congestion, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare or otherwise remove or prevent the spread of blight or deterioration,
    3. The provision of grants, loans, security or other assistance from project revenues or other revenues and other funds in connection with (A) home and neighborhood improvement programs, (B) programs to acquire, renovate or transfer abandoned or fully or partially vacated houses, and (C) programs to acquire land, demolish buildings and other structures and clear and rehabilitate sites for the purpose of reducing building density or promoting new housing construction, or
    4. The provision of grants, loans, security or other assistance from project revenues or other revenues and other funds to combat poverty, improve municipal and neighborhood living conditions and enhance educational and employment opportunities, including, without limiting the generality of the foregoing, by means of job training and retraining programs, literacy programs, apprenticeship programs, programs to provide postsecondary school educational grants or other assistance to students meeting eligibility criteria established in the project plan, programs to improve the performance of public schools, pilot projects to provide special or enhanced municipal services and commercial and industrial revitalization and development.
    5. A project may involve a combination of the previously mentioned activities. A project may include the provision of financial and other assistance in the relocation of persons and organizations displaced thereby, and the planning and construction, reconstruction, or rehabilitation of public facilities.
  4. “Project area” except as set forth in this subdivision, means all or any portion of a “redevelopment area,” as that term is defined in § 45-31-8(15) , in which the project is to be carried out; provided, that the following projects are not required to be in a “redevelopment area”: (i) The acquisition and clearance of land and the construction on it of a municipal or other public facility under the definition of “project,” paragraphs (3)(i) or (3)(ii); or (ii) A project described in paragraphs (3)(iii) or (3)(iv) of the definition of “project.” The project area may consist of one or more parcels or lots of land, whether or not contiguous, or one or more buildings or structures, whether or not adjacent, on one or more parcels of land. The project area may, but need not, be within the tax increment area. All or any portion of a project area may be amended as provided in § 45-33.2-4 . A project for which a designated beneficiary class or classes is established on the basis of income and/or some other generally applicable criteria in the project plan may have, but is not required to have, a project area.
    1. “Project plan” means a plan, which, except as set forth in this subdivision, is part of a “redevelopment plan,” as that term is defined in § 45-31-8(16) , adopted by a city or town in the manner provided in § 45-33.2-4 , for a project, provided, that a project plan for the following projects is not required to be a part of a “redevelopment plan”: (A) the acquisition and clearance of land and the construction on it of a municipal or other public facility under paragraphs or (3)(ii) of the definition of “project”; or (B) a project under subdivision (2). The project plan shall present an estimate of project costs and the amounts and sources of funds to be used to defray those costs and shall include provisions for tax increment funding and/or financing of project costs in whole or in part. The tax increment financing provisions of the project plan shall state the estimated amount of indebtedness to be incurred pursuant to this chapter, an estimate of the tax increment to be generated as a result of the project, the method of calculating the tax increment, together with any provisions for adjustment of the method of calculation, and shall designate the board or officer of the city or town responsible for calculating the tax increment. Funds may be provided to carry out the plan from any lawful source, including the direct use of all or any portion of the tax increment therefore or the issuance of bonds under this chapter, but may not be provided by the issuance of general obligation bonds for any purpose for which general obligation bonds could not be issued in the absence of this chapter. The plan may include any other provisions that may be deemed necessary in order to carry out the tax increment funding and/or financing of the project. The project plan shall not be inconsistent with the comprehensive plan for the city or town as is then applicable, shall be sufficiently complete to indicate the nature of any designated beneficiary class, as described in this subdivision, the location and boundaries of any project area and of the tax increment area, and land acquisition, demolition, removal and rehabilitation of structures and development, redevelopment, and general public improvements that are proposed to be carried out within the project area, and to the extent applicable the plan shall indicate the proposed method for relocation of persons or organizations that may be displaced as a result of carrying out the project.
    2. Once adopted by the legislative body of a city or town, a project plan may be amended to add additional projects, to increase the estimated amount of indebtedness to be incurred pursuant to this chapter or to amend all or any portion of a project area or the designation of a beneficiary class relating to any project contained in the project plan, in the manner provided in § 45-33.2-4 . Each project contained in a project plan shall either have a project area designated in the project plan or there shall be established in the project plan a designated beneficiary class or classes (from whose members the actual beneficiaries shall be chosen) on the basis of income (with provision for revision of income limits due to inflation and other external economic factors) or some other generally applicable criteria; provided, that a project may have both a project area and a designated beneficiary class or classes.
  5. “Project revenues” means any receipts of a city or town with respect to a project or the tax increment area or tax increment district, as defined in § 45-33.2-3.1(11) , relating to it including, without limiting the generality of the foregoing, tax increments, repayments of loans, including loans made under § 45-33.2-5(13) , investment earnings, proceeds of insurance, or disposition of property, and proceeds of borrowing under this chapter.
  6. “Tax increment,” for the purposes of §§ 45-33.2-3 through 45-33.2-21 , means the tax levied on the real and personal property situated in or otherwise assignable for the purposes of property taxation to a tax increment area, to the extent that the tax is attributable to an excess of the aggregate taxable valuation of the property over its aggregate taxable valuation as of the base date. The portion of the tax levy attributable to the increased valuation after the base date shall be calculated using the same classification factors as were used as of the base date, or without classification factors if property was not classified for tax purposes as of the base date. In calculating the tax increment there shall be excluded from the tax the portion levied for the purpose of paying the principal of or interest on bonds, notes, and other evidences of indebtedness which are general obligations of the city or town. Prior to the actual use of any portion of a tax increment to support or secure a project or portion of one, unused tax increment may be deposited upon receipt into the general fund of the city or town, to be used in accordance with generally applicable law. Once the city or town has used any portion of the tax increment to support or secure one or more projects or portions of them, only the excess of tax increment may be deposited into the general fund of the city or town, to be used in accordance with generally applicable law, after satisfaction of: (i) the payment of the principal of or interest on any special obligation bonds issued under the provisions of § 45-33.2-6 , as principal and interest shall then be due and owing; (ii) any requirement to fund any reserve or other account or satisfy any other financial requirement which must be satisfied in connection with the issuance of bonds or any other indebtedness or obligation incurred in connection with any project or portion of one; and (iii) any payments made to directly fund any project or portion of one as provided in the project plan therefor.
  7. “Tax increment area” means a tax increment area designated in a project plan adopted pursuant to § 45-33.2-4 . The tax increment area may consist of one or more parcels or lots of land, whether or not contiguous, on one or more buildings or structures, whether or not adjacent, or on one or more parcels of land; provided, that upon adoption of the project plan the aggregate taxable valuation of the property within all tax increment areas within the city or town does not exceed twenty-five percent (25%) of the taxable valuation of all property subject to taxation within the city or town.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 1992, ch. 424, § 1; P.L. 2018, ch. 156, § 3; P.L. 2018, ch. 292, § 3.

Compiler’s Notes.

P.L. 2018, ch. 156, § 3, and P.L. 2018, ch. 292, § 3 enacted identical amendments to this section.

45-33.2-3.1. Additional definitions.

As used in §§ 45-33.2-22 through 45-33.2-28 , or as otherwise specified, unless the context otherwise requires:

  1. “Betterment assessment” means a special charge that is permitted where real property within a limited and determinable area receives a special benefit or advantage, other than the general advantage to the community, from the construction of a public improvement. If properties abutting or nearby the improvement are specially benefited, all or a portion of the cost of making that improvement may be assessed on those properties.
  2. “Capital project” means a project to purchase, upgrade, improve, or extend the useful life of property infrastructure or equipment with a useful life of more than one year.
  3. “Captured assessed value” means the amount, as a percentage or stated sum, of increased assessed value that is utilized from year to year to finance project costs pursuant to a tax increment district master plan.
  4. “Current assessed value” means the assessed value of all taxable real property within a tax increment district as of December 31 of each year that the tax increment district remains in effect.
  5. “Downtown” means a central business district or other commercial neighborhood area of a community that serves as a center of socioeconomic interaction in the community, characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, that are typically arranged along a main street and intersecting side streets and served by public infrastructure.
  6. “Increased assessed value” means the valuation amount by which the current assessed value of a tax increment district exceeds the original assessed value of the tax increment district. If the current assessed value is equal to or less than the original assessed value, there is no increased assessed value.
  7. “Maintenance and operation” means all activities necessary to maintain facilities after they have been developed and all activities necessary to operate such facilities, including, but not limited to, informational, promotional and educational programs and safety and surveillance activities.
  8. “Original assessed value” means the assessed value of all taxable real property within a tax increment district as of December 31 of the tax year preceding the year in which the tax increment district was established by a city or town council.
  9. “Project costs” means any expenditures or monetary obligations incurred or expected to be incurred that are authorized by § 45-33.2-28 and included in a tax increment district master plan.
  10. “Tax increment” means real property taxes assessed by a city or town upon the increased assessed value of property in the tax increment district.
  11. “Tax increment district” means that area wholly within the corporate limits of a municipality that has been established and designated as such pursuant to § 45-33.2-23 and that is to be developed under a tax increment district master plan.
  12. “Tax increment district financial plan” means a statement of the project costs and sources of revenue required to accomplish the tax increment district master plan.
  13. “Tax increment district master plan” means a statement of means and objectives prepared by a city or town relating to a tax increment district designed to provide new employment opportunities; retain existing employment; provide housing opportunities; improve or broaden the tax base; or construct or improve the physical facilities and structures through the development of industrial, commercial, residential, retail, and mixed use, transit-oriented development, downtown development, or any combination thereof, as described in § 45-33.2-26 .
  14. “Tax year” means the period of time beginning on July 1 and ending on the succeeding June 30 or such other twelve-month (12) period adopted as the tax year of a city or town.
  15. “Transit” means transportation systems in which people are conveyed by means other than their own vehicles, including, but not limited to, bus systems, street cars, ferries, light rail, and other rail systems.
  16. “Transit facility” means a place providing access to transit services, including, but not limited to, bus stops, bus stations, interchanges on a highway used by one or more transit providers, ferry landings, train stations, shuttle terminals, and bus rapid transit stops.
  17. “Transit-oriented development” means the development of residential, commercial, and employment centers within one-half (1/2) mile or walking distance of a transit facility, including rail and bus rapid transit, and services that meet transit supportive standards for land uses, built environment densities, and walkable environments, in order to facilitate and encourage the use of those services. Transit-oriented development includes, but is not limited to, transit vehicles such as buses, ferries, vans, rail conveyances, and related equipment; bus shelters and other transit-related structures; benches, signs, and other transit-related infrastructure; bicycle-lane construction and other bicycle-related improvements; pedestrian improvements, such as crosswalks, crosswalk signals and warning systems, and crosswalk curb treatments; and the industrial, commercial, residential, retail, and mixed-use portions of transit-oriented development projects.

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-4. Adoption of project plan.

The legislative body of any city or town may adopt a project plan if a finding is made to the effect that:

  1. With respect to any portion of the project: (i) providing municipal or other public facilities or land therefor, under the definition of “project” under § 45-33.2-3(3) (i) or (ii); or (ii) constituting a project under § 45-33.2-3(3) , that the facilities, programs and other assistance are needed and that the financing of that portion of the project in accordance with the plan is in the public interest; or
  2. With respect to any portion of the project providing land for housing for persons or families of low income, that there is not within the city or town an adequate supply of low rent housing for persons or families of low income generally, or for veterans, or for persons who are elderly or disabled, as the case may be, available for rents they can afford to pay, that the rents which those persons or families can afford to pay would not warrant private enterprise providing housing for them, and that the financing of that portion of the project in accordance with the plan is in the public interest; or
  3. With respect to any portion of the project providing financing under § 45-33.2-5(13) , but only to the extent not described in subdivision (1), that unemployment or the threat of unemployment exists in the city or town or that security against future unemployment is required, that the project is needed, that it will provide employment or security against loss of employment, including the approximate number of new jobs that should be created or preserved, construction and nonconstruction, their approximate wage rates, what types of fringe benefits such as healthcare or retirement benefits there will be, and the projected increase in personal income taxes to the state of Rhode Island, all having a reasonable relationship to the probable cost of acquiring, establishing, improving, or rehabilitating the facilities in which the employment is to be provided or maintained, and that the financing of that portion of the project in accordance with the plan is in the public interest; or
  4. With respect to any portion of the project providing land for industrial or commercial development or revitalization, but only to the extent not described in subdivision (1):
    1. That the requirements of subdivision (3) are satisfied; or
    2. That the requirements of subdivision (5) are satisfied; or
  5. With respect to any other portion of the project:
    1. That it is located in a “blighted and substandard area” as that term is defined in § 45-31-8(3) , or that the project is needed to arrest blight or decay in the city or town and to prevent the area from becoming a blighted and substandard area;
    2. That the project area would not by private enterprise alone, and without either governmental subsidy or the exercise of governmental powers, be developed or revitalized in a manner so as to prevent, arrest, or alleviate the spread of blight or decay;
    3. That the plan will afford maximum opportunity to privately financed development or revitalization consistent with the sound needs of the city or town as a whole;
    4. That the financing of that portion of the project in accordance with the plan is in the public interest; and
    5. Approximately how many new jobs, construction and nonconstruction, the plan will create, their approximate wage rates, whether the expected new jobs will provide fringe benefits such as healthcare and retirement benefits, and the projected impact of personal income taxes to the state of Rhode Island.
  6. No project shall be undertaken pursuant to this chapter until a project plan has been adopted as provided in this section.
  7. A city or town may amend a project plan by submitting the full project plan, as amended, to its legislative body, which must then make a finding with respect to the amended project plan which is identical to the required finding for the original adoption of the project plan; provided, that no amendment is violative of or inconsistent with any prior security arrangement entered into pursuant to the original project plan.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 1992, ch. 424, § 1; P.L. 1999, ch. 83, § 129; P.L. 1999, ch. 130, § 129; P.L. 2004, ch. 275, § 1; P.L. 2004, ch. 390, § 1.

45-33.2-5. Authorization to undertake projects — Powers.

Cities and towns are authorized to undertake projects pursuant to duly adopted project plans and tax increment district master plans, as defined in § 45-33.2-3.1(13) . In addition to powers granted under this section or by any other law, for the purposes of carrying out a project as authorized by this chapter, a city or town has the following powers:

  1. To incur indebtedness, and pledge tax increments, project revenues and other revenues for repayment of indebtedness;
  2. To designate a board or officer of the city or town to be responsible for administering the project plan or tax increment district master plan;
  3. To make and enter into all contracts and agreements necessary in order to carry out the project;
  4. To receive from the federal government or the state, loans or grants for or in aid of a project, and to receive contributions from any other source to defray project costs;
  5. To purchase or otherwise acquire property or interests in property therein within or without a project area or tax increment district as the city or town may deem necessary in order to carry out the project;
  6. To make relocation payments to persons, businesses, or organizations that may be displaced as a result of carrying out the project;
  7. To clear and improve property acquired by it pursuant to the project plan or tax increment district master plan, and construct public facilities on it, or contract for the construction, development, redevelopment, rehabilitation, remodeling, alteration, or repair of the property;
  8. To cause parks, playgrounds, or schools or water, sewer, or drainage facilities, or any other public improvements which it otherwise is authorized to undertake, to be laid out, constructed, or furnished in connection with the project;
  9. To lay out and construct, alter, relocate, change the grade of, make specific repairs upon or discontinue public ways, and construct sidewalks in or adjacent to the project area or tax increment district;
  10. To cause private ways, sidewalks, ways for vehicular travel, playgrounds, or water, sewer, or drainage facilities and similar improvements to be constructed within the project area or tax increment district for the particular use of the project area or tax increment district of those dwelling or working in it;
  11. To adopt ordinances, or repeal or modify ordinances, or establish exceptions to existing ordinances regulating the design, construction, and use of buildings;
  12. To sell, mortgage, lease as lessor, transfer, or dispose of any property or interest in property acquired by it pursuant to the project plan or tax increment district master plan for development, redevelopment, or rehabilitation in accordance with the plan;
  13. To grant or loan any project revenues or other revenues, including the proceeds of any issue of bonds or notes issued pursuant to this chapter to an individual or any private enterprise, nonprofit organization or governmental or quasi-governmental entity in order to finance the cost of any portion of a project authorized under this chapter, including, without limiting the generality of the preceding, the cost of acquiring land for, and constructing or rehabilitating and equipping industrial, commercial, residential, retail and mixed use, transit-oriented development, downtown development or any combination thereof, within the project area in accordance with the plan or within a tax increment district in accordance with a tax increment district master plan, or to loan bond or note proceeds in order to refinance any loans;
  14. To invest project revenues or other revenues as provided in § 45-33.2-12 ; and
  15. To do all things reasonably necessary or convenient to carry out the powers granted in this chapter.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 1992, ch. 424, § 1; P.L. 2018, ch. 156, § 3; P.L. 2018, ch. 292, § 3.

Compiler’s Notes.

P.L. 2018, ch. 156, § 3, and P.L. 2018, ch. 292, § 3 enacted identical amendments to this section.

45-33.2-6. Issuance of special obligation bonds.

  1. A city or town may, in compliance with any applicable provisions of the general laws (except as provided in this section) borrow money by the issue of special obligation bonds for the purpose of carrying out a project pursuant to a duly adopted project plan or tax increment district master plan, as defined in § 45-33.2-3.1(13) . Without limiting the generality of the preceding, the bonds may be issued for project costs which may include interest prior to and during the carrying out of a project and for a reasonable time thereafter, reserves that may be required by any agreement securing the bonds, and all other expenses including reimbursements of expenses previously paid from any other source, incidental to planning, carrying out, and financing the project. Bonds issued under this section shall be payable solely from:
    1. Project revenues;
    2. A pledge of and lien upon any or all of the income, proceeds, revenues and property of the project within the tax increment area, project area or tax increment district, including the proceeds of grants, loans, advances or contributions from the federal government, the state or other source; and
    3. Any combination of the sources in subsections (a)(1) and (a)(2) of this section, and shall not be deemed to be a pledge of faith and credit of the city or town. Every bond issued under this section shall recite on its face that it is a special obligation bond payable solely from project revenues or other revenues pledged for its repayment.
  2. The bonds of each issue shall be dated and may be made redeemable before maturity with or without premium. Subject to the authorizing vote, the officers authorized to sell the bonds shall determine the date or dates of the bonds, their denomination or denominations, the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state, their interest rate or rates, prices, maturity or maturities not to exceed thirty (30) years, redemption privileges, if any, and the form and other details of the bonds, including interest coupons to be attached to them. The bonds shall be signed by the city or town treasurer, countersigned by the mayor of a city or by the president of the town council of a town, either manually or by facsimile, and shall bear the seal of the city or town or a facsimile of the seal. Any coupons attached thereto shall bear the facsimile signature of the city or town treasurer.
  3. In case any officer whose signature or a facsimile of whose signature appears on any bonds, coupons, or notes issued under this chapter ceases to be an officer before their delivery, the signature or the facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until the delivery.
  4. The bonds may be issued in coupon or registered form, or both, and provision may be made for the registration of any coupon bonds as to principal alone and also as to principal and interest, for the reconversion into coupon bonds or bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. Subject to the authorizing vote, the officers authorized to sell the bonds may sell the bonds in a manner, either at public or private sale, and for a price, as they may determine will best effect the purposes of this chapter.
  5. Prior to the preparation of definitive bonds, the city or town may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds have been executed and are available for delivery. Provision may be made for the replacement of any bonds which have become mutilated or have been destroyed or lost.
  6. Notwithstanding any provisions of any municipal charter or general or special law to the contrary, bonds issued under this section may provide for annual or more frequent installments of principal in equal, diminishing, or increasing amounts, with the first installment of principal to be due at any time within five (5) years from the date of the issuance of the bonds.
  7. While any bonds issued hereunder remain outstanding, the existence of the tax increment district and the powers and duties of a city or town with respect to such tax increment district shall not be diminished or impaired in any way that will affect adversely the interests and rights of the holders of the bonds. Any bonds issued by a city or town pursuant to this section shall contain on their face a statement to the effect that neither the state nor the city or town shall be obliged to pay the principal of or the interest thereon, and that neither the full faith and credit or taxing power of the state or the city or town is pledged to the payment of the bonds. All bonds issued under this section are deemed to be negotiable instruments under the laws of this state.
  8. As used in this section, “bonds” means any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 1988, ch. 629, § 1; P.L. 1992, ch. 424, § 1; P.L. 2018, ch. 156, § 3; P.L. 2018, ch. 292, § 3.

Compiler’s Notes.

P.L. 2018, ch. 156, § 3, and P.L. 2018, ch. 292, § 3 enacted identical amendments to this section.

45-33.2-7. Security for bonds — Trust agreements.

  1. In the discretion of the officers authorized to sell the bonds, but subject to the provisions of the vote authorizing the bonds, bonds issued under this chapter may be secured by one or more trust agreements between the city or town and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. A trust agreement under this section shall be in a form and executed in a manner that may be determined by the officers. A trust agreement may pledge or assign project revenues, in whole or in part. It may contain provisions for protecting and enforcing the rights, security, and remedies of the bondholders as may be reasonable and proper and not in violation of law, including without limiting the generality of the preceding, provisions defining defaults and providing for remedies in the event of defaults, which may include the acceleration of maturities, and covenants stating duties of, and limitations on, the city or town in relation to carrying out and otherwise administering the project or projects, the custody, safeguarding, investment and application of project revenues, the issue of additional bonds under this chapter, the determination of tax increments, the fixing of fees and charges, if any, in relation to the project or projects, the collection of project revenues, the use of any surplus bond proceeds, the establishment of reserves, and the replacement of bonds or coupons which become mutilated or are destroyed or lost. Subject to the provisions of this chapter, moneys subject to the trust agreement shall be held, invested, and applied as provided in the trust agreement; provided, that moneys not deposited in trust with a corporate trustee shall be in the custody of the city or town treasurer.
  2. It is lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds or of other moneys under any trust agreement and to furnish indemnifying bonds or to pledge securities that may be required by the trust agreement. The trust agreement or resolution may establish the rights and remedies of the bondholders and the trustee, and may restrict the individual right of action by bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as current operating expenses.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-8. Pledge of project revenues validated.

  1. Notwithstanding any provision of any other law, including the Uniform Commercial Code, §§ 6A-1-101 6A-9-507 :
    1. Any pledge under this chapter is valid and binding, and deemed continuously perfected from the time it is made;
    2. No filing need be made under the Uniform Commercial Code or otherwise;
    3. Unless otherwise provided in the financing instruments, a pledge of project revenues is deemed to include a pledge of any accounts or general intangibles from which revenues are derived, whether existing at the time of the pledge or thereafter coming into existence, and whether held at the time of the pledge or thereafter acquired by the city or town, and the proceeds of the accounts or general intangibles; and
    4. The pledge of project revenues, accounts, and general intangibles is subject to the lien of the pledge without delivery or segregation, and the lien of the pledge is valid and binding against all parties having claims of contract or tort or otherwise against the city or town.
  2. A pledge of project revenues under this chapter constitutes a sufficient appropriation for the purposes of any provision for appropriation, and the revenues may be applied as required by the pledge without further appropriation.
  3. For the purposes of this section the word “pledge” is construed to include the grant of a security interest under the Uniform Commercial Code.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-9. Temporary anticipation notes.

In anticipation of the issue of bonds under this chapter, and subject to any provisions of the vote authorizing the bonds, the officers authorized to sell the bonds may, without further authorization, issue temporary notes. The notes may be secured as in the case of bonds and, except as otherwise provided in this section, the provisions of other sections of this chapter referring to bonds are also deemed to refer to the notes. The notes need not bear the seal of the city or town or a facsimile of the seal. The notes are payable within three (3) years from their respective dates, but the principal of and interest on notes issued for a shorter period may be refunded from time to time by the issue of other notes maturing within three (3) years from the original date of issue of the indebtedness being refunded.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-10. Refunding bonds.

A city or town may, subject to any applicable provisions of § 45-12-5.2 , issue refunding bonds for the purpose of paying any of its bonds issued under this chapter at maturity or upon acceleration or redemption. The refunding bonds may be issued at a time prior to the maturity or redemption of the refunded bonds as the city or town deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and the reserves for debt service or other purposes from the proceeds of the refunding bonds, as may be required by any agreement securing bonds. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of holders thereof, and the rights, duties, and obligations of the city or town with respect thereto shall be governed by the provisions of this chapter relating to the issue of bonds other than refunding bonds insofar as those provisions may be applicable.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-11. Credit of municipality not pledged.

The bonds and notes issued under this chapter are payable solely from project revenues. These bonds and notes shall not at any time be included in the debt of the city or town for the purpose of ascertaining its legal borrowing capacity.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-12. Investment of funds.

Subject to any agreement securing bonds or notes issued under this chapter, the proceeds of the bonds or notes, pledged tax increments, and other project revenues may be deposited or invested in:

  1. Obligations of the state or the United States;
  2. Obligations of the principal and interest of which are guaranteed by the state or the United States;
  3. Obligations of agencies and instrumentalities of the state or the United States;
  4. Certificates of deposits of, and repurchase agreements, so called, issued with respect to obligations of the United States by, banks and trust companies organized under the laws of the state or doing business in the state; or
  5. As may be provided in any other applicable law of the state or resolution of a city or town council or pursuant to an investment policy of the city or town.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 2018, ch. 156, § 3; P.L. 2018, ch. 292, § 3.

Compiler’s Notes.

P.L. 2018, ch. 156, § 3, and P.L. 2018, ch. 292, § 3 enacted identical amendments to this section.

45-33.2-13. Trust funds.

All project revenues received pursuant to the provisions of this chapter which have been pledged as security, including, without limiting the generality of the preceding, security for the repayment of bonds issued pursuant to § 45-33.2-6 , are deemed to be trust funds to be held and applied solely as provided in this chapter. Project revenues received pursuant to the provisions of this chapter which have not been pledged as security may be used in any manner consistent with the project plan, as well as, with respect to the tax increment portion of the plan, § 45-33.2-3(7) .

History of Section. P.L. 1984, ch. 78, § 1; P.L. 1992, ch. 424, § 1.

45-33.2-14. Remedies of bondholders and noteholders.

Any holder of bonds or notes issued under this chapter, or of any of the coupons appertaining to those bonds and notes, and the trustee under any trust agreement securing the bonds or notes, except to the extent the rights herein given may be restricted by any agreement securing the bonds or notes, may bring suit upon the bonds, notes, or coupons and may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this chapter or under any agreement, and may enforce or compel the performance of all duties required by this chapter or by an agreement to be performed by the city or town or by any city or town officer.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-15. Bonds and notes as legal instruments.

Bonds and notes issued under the provisions of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. These bonds are securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may be authorized by law.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-16. Bonds and notes as investment securities.

Notwithstanding any of the provisions of this chapter or any recitals in any bond or notes issued under this chapter, all bonds and notes are deemed to be investment securities under the Uniform Commercial Code, §§ 6A-1-101 6A-9-507 .

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-17. Exemption from taxation.

The bonds and notes issued under this chapter, their transfer and their income, including any profit made on their sale, are at all times free from taxation within the state.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-18. Annual report.

No later than September 1 of each year a project plan pursuant to this chapter is in effect in a city or town, the city or town shall make a report to the director of the department of economic development. The annual report shall review for the preceding fiscal year the activities financed by tax increment financing, the taxable valuation of the city or town, and for each tax increment area within the city or town, the taxable valuation of the property within the tax increment area, the amount of the tax increment, and the amount used or set aside for the purposes of the plan. The report shall also include the approximate number of new jobs created or preserved from the activities financed by tax incremental financing, construction and nonconstruction, the approximate amount of the wages for the jobs created, what types of fringe benefits, such as healthcare insurance or retirement benefits were made available to the new jobs created, the amount of new personal income taxes generated for the state of Rhode Island, a description of any plan or process intended to stimulate hiring in the municipality where the project is located, training of employees or potential employees and outreach to minority job applicants and minority businesses and any other relevant information requested by the director.

History of Section. P.L. 1984, ch. 78, § 1; P.L. 2004, ch. 275, § 1; P.L. 2004, ch. 390, § 1.

45-33.2-19. Provisions supplementary.

The preceding provisions of this chapter are deemed to provide an additional and alternative means for the doing of things authorized by it, and are regarded as supplemental and additional to, and not in derogation of, powers conferred upon cities and towns by other laws.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-20. Severability.

The provisions of this chapter are severable, and if any provision thereof shall be held invalid in any circumstances, invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying on the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not those steps are required by statute.

History of Section. P.L. 1984, ch. 78, § 1.

45-33.2-21. Tax limitations.

  1. Except as provided below, a tax increment shall be included in the calculation of the maximum tax a city or town may levy pursuant to the provisions of § 44-5-2 .
  2. To the extent that inclusion of a tax increment in a tax levy causes a municipality to exceed the maximum tax a city or town may levy pursuant to the provisions of § 44-5-2 , such excess shall be excluded from such calculation for a period not to exceed twenty-five (25) years if such excess tax increment is allocable to: (i) the payment of the principal of or interest on any special obligation bonds issued under the provisions of § 45-33.2-6 , to fund a capital project under this chapter; (ii) any requirement to fund any reserve or other account or satisfy any other financial requirement which must be satisfied in connection with the issuance of such bonds or any other indebtedness or obligation incurred in connection with any such capital project or portion of one; or (iii) any payments made to directly fund any capital project.
  3. The tax assessor in each city and town shall include calculations reflecting any tax increment excluded from the tax cap provisions of § 44-5-2 when submitting the municipality’s adopted tax levy and rate to the division of property valuation in accordance with § 44-5-2 .
  4. [Deleted by P.L. 2018, ch. 156, § 3 and P.L. 2018, ch. 292, § 3].

History of Section. P.L. 2008, ch. 206, § 1; P.L. 2008, ch. 219, § 1; P.L. 2018, ch. 156, § 3; P.L. 2018, ch. 292, § 3.

Compiler’s Notes.

P.L. 2018, ch. 156, § 3, and P.L. 2018, ch. 292, § 3 enacted identical amendments to this section.

45-33.2-22. Alternate tax increment provisions.

Section 45-33.2-3.1 and §§ 45-33.2-2 2 through 45-33.2-2 8 are intended to modernize the laws of the state governing tax increment financing to facilitate economic development in the state. Section 45-33.2-3.1 and §§ 45-33.2-22 through 45-33.2-28 shall be construed to provide a complete, additional, and alternative method for performing the things authorized by this chapter, and shall be regarded as supplemental and in addition to the powers conferred by other laws, including §§ 45-33.2-2 through 45-33.2-21 . Cities and towns which have created tax increments in accordance with §§ 45-33.2-2 through 45-33.2-21 may elect to use the provisions of § 45-33.2-3.1 and §§ 45-33.2-22 through 45-33.2-28 by adopting an ordinance of the city or town council:

  1. Declaring the intention to be bound by § 45-33.2-3.1 and §§ 45-33.2-22 through 45-33.2-28 ; and
  2. Approving such amendments to the city or town redevelopment plan and project plan as may be required to proceed in accordance with § 45-33.2-3.1 and §§ 45-33.2-22 through 45-33.2-28 . Effective July 1, 2018, a tax increment may be established which is not in a project area, as defined in § 45-33.2-3(4) or adopted pursuant to a project plan, as defined in § 45-33.2-3(5) .

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-23. Establishment of tax increment district — Powers within tax increment district.

  1. A city or town council may establish a tax increment district located wholly within the boundaries of such city or town in accordance with the requirements of § 45-33.2-3.1 and §§ 45-33.2-22 through 45-33.2-28 . Establishment of a tax increment district is effective upon approval by a city or town council and upon adoption of a tax increment district master plan pursuant to § 45-33.2-26 .
  2. Within tax increment districts and consistent with the tax increment district master plan, a city or town, in addition to powers granted to it under the Constitution, the general laws, any special act, § 45-33.2-5 and §§ 45-33.2-22 through 45-33.2-28 shall have the following powers with respect to tax increment districts:
    1. To acquire, construct, reconstruct, improve, preserve, alter, extend, operate or maintain property or promote development intended to meet the objectives of the tax increment district master plan. A city or town may acquire property, land or easements through negotiation or by other means authorized for municipalities under the general laws. Notwithstanding § 45-2-5 or any contrary provisions of any charter, other laws or ordinances, general, special or local, or of any rule or regulations of the state or the city or town, any city or town is authorized and empowered to lease, lend, pledge, grant, or convey upon terms and conditions that the city or town council may deem reasonable and fair, any real property or personal property which may be necessary or convenient to effectuation of a project, including public roads and other real property already devoted to public use;
    2. To execute and deliver contracts, agreements and other documents relating to the development, operation and maintenance of the tax increment district, including but not limited to contracts providing for liquidity facilities such as letters of credit, or providing for credit enhancement, which contracts, agreements and other documents may have a term not to exceed twenty-five (25) years;
    3. To issue bonds and other obligations of the city or town in accordance with the provisions set forth in § 45-33.2-6 ;
    4. To enter into written agreements with a taxpayer stabilizing or otherwise fixing the assessment of real estate within a tax increment district, provided:
      1. The term of such agreement shall not exceed twenty-five (25) years from the date of the agreement; and
      2. The assessment agreed on for the real estate plus future improvements shall not be less than the assessment of the real estate as of the last regular assessment date without the future improvements. Any such agreement shall be recorded in the land records in the city or town. Recording of the agreement constitutes notice of the agreement to a subsequent purchaser or encumbrancer of the property or any part of it, whether voluntary or involuntary, and is binding upon a subsequent purchaser or encumbrancer. If a city or town claims that the taxpayer is not complying with the terms of such agreement, the city or town may bring an action in the superior court for the county in which the city or town is located to force compliance with the agreement;
    5. Accept grants, advances, loans, or other financial assistance from the federal government, the state, private entities, or any other source, and do any and all things necessary or desirable to secure such financial aid;
    6. Upon such terms as a city or town determines, furnish service or facilities, provide property, lend, grant, or contribute funds, including tax increment, and take any other action of a character that it is authorized to perform for other purposes; and
    7. Fix, revise, charge, collect, and abate fees, rates, rents, betterment assessments, delinquency charges, and other charges for services, and other services, facilities, and commodities furnished or supplied by the city or town, including penalties for violations of such regulations as the city or town council may from time to time promulgate. Fees, rates, rents, betterment assessments, delinquency charges, and other charges of general application shall be adopted and revised by the city or town council in accordance with procedures that ensure interested persons are afforded notice and an opportunity to present data, views, and arguments. The city or town council shall hold at least one public hearing on its schedule of fees, rates, and charges, or any revision thereof, prior to adoption, notice of which shall be published in a newspaper of substantial circulation in the district at least fifteen (15) days in advance of the hearing. No later than the date of the publication, the city or town council shall make available to the public the proposed schedule of fees, rates, rents, betterment assessments, and charges. Fees, rates, rents, betterment assessments, abatements, and other charges established by the city or town council shall not be subject to supervision or regulation by any department, division, district, board, bureau, or agency of the state or any of its political subdivisions. Fees, rates, rents, betterment assessments, delinquency charges, and other charges, made under this section shall be collected in the same manner as municipal taxes. Municipalities are granted all the powers and privileges with respect thereto as provided to municipalities in the general laws for the enforcement and collection of betterment assessments and tax liens, or as otherwise provided in §§ 45-33.2-22 through 45-33.2-28 . Betterment assessments, fees, rates, rents, and charges shall be due and payable at the times as are fixed by the city or town, provided the city or town shall give notice of the due date not less than thirty (30) days prior to the due date by publication in a newspaper of general circulation in the city or town and by mailing the notice to the owners of the real property assessed at their last-known address. All revenues from fees, rates, rents, betterment assessments, and other charges under this section shall be paid into the appropriate tax increment district master plan fund account established under § 45-33.2-27(c) . Fees, rates, rents, betterment assessments, and other charges if not paid when due, shall constitute a lien upon the real property served and a charge against the owners thereof, which lien and charge shall bear interest at the same rate as delinquent property taxes. Each lien may be continued, recorded, and released in the manner provided for property tax liens and shall take precedence over all other liens or encumbrances, except a lien for property taxes of the city or town.
  3. The tax increment district may be dissolved at any time, and the boundaries of the district may be changed at any time, by a vote of a city or town council, except that the tax increment district may not be dissolved nor may the boundaries of the tax increment district be changed so long as any bonds or other indebtedness authorized and issued under §§ 45-33.2-22 through 45-33.2-28 , inclusive, or any other obligations authorized and incurred under §§ 45-33.2-22 through 45-33.2-28 , inclusive, remain outstanding. The tax increment district shall terminate without further action of a city or town council forty (40) years after the date it is established, if no such bonds or other indebtedness remain outstanding.

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-24. Reserved.

45-33.2-25. Planning commission advisory opinion — Conditions for tax increment district.

Prior to the establishment of a tax increment district and approval of a tax increment district master plan for such tax increment district, a city or town council shall:

  1. Find that the proposed tax increment district and tax increment district master plan will contribute to the economic growth or well-being of the city or town or to the betterment of the health, welfare, or safety of the inhabitants of the city or town;
  2. Transmit the tax increment district master plan to the planning commission of the city or town, if any, requesting a study of the tax increment district master plan and a written advisory opinion. The planning commission shall, within ninety (90) days, or the additional period approved by the city or town council, provide a written advisory opinion to the city or town council. The written advisory opinion shall include a determination on whether the plan is consistent with the comprehensive plan of the city or town adopted under § 45-22.2-8 ;
  3. Hold at least one public hearing on the proposal to establish a tax increment district. Notice of the hearing shall be published at least ten (10) days prior to the hearing in a newspaper having general circulation within the city or town and shall include:
    1. The date, time, and place of the hearing; and
    2. The boundaries of the proposed tax increment district by legal description; and
  4. Determine whether the proposed tax increment district meets the following conditions:
    1. A portion of the real property within a tax increment district shall meet at least one of the following criteria:
      1. Be a substandard, insanitary, deteriorated, deteriorating, or blighted area;
      2. Be in need of rehabilitation, redevelopment, or conservation work; or
      3. Be suitable for industrial, commercial, residential, mixed-use or retail uses, downtown development, or transit-oriented development; and
    2. The original assessed value of a proposed tax increment district plus the assessed value of all existing tax increment districts within a city or town may not exceed twenty-five percent (25%) of the total value of taxable property within the city or town as of December 31 of the year immediately preceding the establishment of the tax increment district. Excluded from the calculation in this subdivision is any tax increment district established on or after the effective date [July 1, 2018] of § 45-33.2-3.1 and §§ 45-33.2-22 through 45-33.2-28 that consists entirely of contiguous property owned by a single taxpayer. For the purpose of this subdivision, “contiguous property” includes a parcel or parcels of land divided by a road, power line, railroad line, or right-of-way. A city or town may not establish a tax increment district if the conditions in this subdivision are not met.

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-26. Adoption of tax increment district master plan.

  1. In connection with the establishment of a tax increment district, a city or town council shall adopt a tax increment district master plan for each tax increment district and a statement of the percentage or stated sum of increased assessed value to be designated as captured assessed value in accordance with the plan. The tax increment district master plan shall be adopted at the same time that the tax increment district is established, as part of the tax increment district adoption proceedings set forth in §§ 45-33.2-22 through 45-33.2-28 .
  2. The tax increment district master plan shall include:
    1. The boundaries of the tax increment district by legal description;
    2. A list of the tax identification numbers for all lots or parcels within the tax increment district;
    3. A description of the present condition and uses of all land and buildings within the tax increment district;
    4. A description of the public facilities, improvements, or programs within the tax increment district anticipated to be added and financed in whole or in part;
    5. A description of the industrial, commercial, residential, mixed-use or retail improvements, downtown development, or transit-oriented development within the tax increment district anticipated to be financed in whole or in part;
    6. A tax increment district financial plan in accordance with subsection (c) of this section;
    7. A plan for the proposed maintenance and operation of the tax increment district after the planned capital improvements are completed; and
    8. The maximum duration of the tax increment district, which may not exceed a total of forty (40) tax years beginning with the tax year in which the tax increment district is established.
  3. The tax increment district financial plan for a tax increment district master plan shall include:
    1. Cost estimates for the public improvements and developments anticipated in the tax increment district master plan;
    2. The maximum amount of indebtedness to be incurred to implement the tax increment district master plan;
    3. Sources of anticipated revenues;
    4. A description of the terms and conditions of any agreements, including any anticipated assessment agreements, contracts, or other obligations related to the tax increment district master plan;
    5. Estimates of increased assessed values of the tax increment district;
    6. The portion of the increased assessed values to be applied to the tax increment district master plan as captured assessed values and resulting tax increments in each year of the plan;
    7. A five-year plan for all revenues and expenditures; and
    8. A plan for costs, as described in § 45-33.2-28 , to be paid from any tax increment master plan fund.
  4. The tax increment district master plan may be amended from time to time by a city or town council. The city or town council shall review the tax increment district master plan at least once every five (5) years after the initial approval of the tax increment district and the tax increment district master plan in order for the tax increment district and the tax increment district master plan to remain in effect; provided, however, that so long as any bonds or other indebtedness or obligations authorized and incurred under §§ 45-33.2-22 through 45-33.2-28 remain outstanding, the tax increment district master plan shall remain in effect. With respect to any tax increment district master plan that includes development that is funded in whole or in part by federal funds, the provisions of this subsection shall not apply to the extent that such provisions are prohibited by federal law.

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-27. Designation of tax increment revenues.

  1. In the tax increment district master plan, a city or town may designate all or part of the tax increment revenues generated from the increased assessed value of a tax increment district for the purpose of financing all or part of the tax increment district master plan. The amount of tax increment revenues to be designated is determined by designating the captured assessed value, subject to any assessment agreements.
  2. On or after the establishment of a tax increment district and the adoption of a tax increment district master plan, the assessor of a city or town in which it is located shall certify the original assessed value of the taxable real property within the boundaries of the tax increment district. Each year after the establishment of a tax increment district, the municipal assessor shall certify the amount of:
    1. The current assessed value;
    2. The amount by which the current assessed value has increased or decreased from the original assessed value, subject to any assessment agreements; and
    3. The amount of the captured assessed value. Taxes shall be assessed in accordance with chapter 5 of title 44. Nothing in this subsection allows for unequal apportionment or assessment of the taxes to be paid on real property in a city or town. Subject to any assessment agreements, an owner of real property within the tax increment district shall pay real property taxes apportioned equally with property taxes paid elsewhere in the city or town.
  3. If a city or town has designated captured assessed value under § 45-33.2-26(a) :
    1. The city or town shall establish a tax increment district master plan fund that consists of:
      1. A project cost account that is pledged to and charged with the payment of project costs that are outlined in the tax increment district financial plan, including the reimbursement of project cost expenditures incurred by a public body, including the city or town, a developer, any property owner, or any other third-party entity, and are paid in a manner other than as described in subsection (c)(1)(ii) of this section; and
      2. In instances of indebtedness issued by a city or town in accordance with § 45-33.2-6 to finance or refinance project costs, a development sinking fund account that is pledged to and charged with the:
        1. Payment of the interest and principal as the interest and principal fall due, including any redemption premium;
        2. Payment of the costs of providing or reimbursing any provider of any guarantee, letter of credit, policy of bond insurance, or other credit enhancement device used to secure payment of debt service on any such indebtedness; and
        3. Funding any required reserve fund;
    2. The city or town shall annually set aside all tax increment revenues on captured assessed values and deposit all these revenues to the appropriate tax increment district master plan fund account established under subsection (c)(1) of this section in the following order of priority:
      1. To the development sinking fund account, an amount sufficient, together with estimated future revenues to be deposited to the account and earnings on the amount, to satisfy all annual debt service on the indebtedness issued in accordance with § 45-33.2-6 and the tax increment district financial plan; and
      2. To the project cost account, all such remaining tax increment revenues on captured assessed values;
    3. The city or town shall make transfers between tax increment district master plan fund accounts established under subsection (c)(1) of this section, provided the transfers do not result in a balance in either account that is insufficient to cover the annual obligations of that account;
    4. A city or town may, at any time during the term of the tax increment district, by vote of the city or town council, return to the municipal general fund any tax increment revenues remaining in either account established under subsection (c)(1) of this section in excess of those estimated to be required to satisfy the obligations of the account after taking into account any transfer made under subsection (c)(3) of this section; and
    5. Any account or fund established pursuant to subsection (c)(1) of this section shall be audited as part of the annual audit required for municipalities by § 45-10-4 .

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-28. Project costs.

Costs authorized for payment from a tax increment district master plan fund established pursuant to § 45-33.2-27 are limited to:

  1. Costs of improvements made within the tax increment district, including, but not limited to:
    1. Capital costs, including, but not limited to:
      1. The acquisition or construction of land, improvements, infrastructure, public ways, parks, buildings, structures, railings, street furniture, signs, landscaping, plantings, benches, trash receptacles, curbs, sidewalks, turnouts, recreational facilities, structured parking, transportation improvements, pedestrian improvements, and other related improvements, fixtures, and equipment for public use;
      2. The acquisition or construction of land, improvements, infrastructure, buildings, structures, including facades and signage, fixtures, and equipment for industrial, commercial, residential, mixed-use or retail use, or transit-oriented development;
      3. The demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures;
      4. Environmental remediation;
      5. Site preparation and finishing work; and
      6. All fees and expenses associated with the capital cost of such improvements, including, but not limited to, licensing and permitting expenses and planning, engineering, architectural, testing, legal, and accounting expenses;
    2. Financing costs, including, but not limited to, closing costs, issuance costs, reserve funds, and capitalized interest;
    3. Real property assembly costs;
    4. Costs of technical and marketing assistance programs;
    5. Professional service costs, including for municipal staff, which may include but not be limited to, licensing, architectural, planning, engineering, development, and legal expenses;
    6. Organizational costs relating to the planning and the establishment of the tax increment district, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public about the creation of tax increment districts and the implementation of the tax increment district master plan; and
  2. Costs of improvements that are made outside the tax increment district but are directly related to or are made necessary by the establishment or operation of the tax increment district, including, but not limited to that portion of the costs reasonably related to the construction, alteration or expansion of any facilities not located within the tax increment district that are required due to improvements or activities within the tax increment district, including, but not limited to, roadways, traffic signalization, easements, sewage treatment plants, water treatment plants or other environmental protection devices, storm or sanitary sewer lines, water lines, electrical lines, improvements to fire stations, and street signs.

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

45-33.2-29. Limitation of powers.

The state pledges to and agrees with any person, firm, or corporation, or federal agency subscribing to or acquiring the bonds to be issued under this chapter, that the state will not limit or alter the rights vested in the authority until all bonds at any time issued, together with their interest, are fully met and discharged. The state does further pledge to and agree with the United States, and any other federal agency, that in the event that any federal agency constructs or contributes any funds for the construction, extension, improvement, equipping, furnishing, or enlargement of any project, or any portion of it, the state will not alter or limit this chapter in any manner that would be inconsistent with the due performance of any agreements with the federal agency; and cities and towns continue to have and may exercise all powers granted by this chapter, so long as the powers are necessary or desirable for the carrying out of the purposes of this chapter.

History of Section. P.L. 2018, ch. 156, § 4; P.L. 2018, ch. 292, § 4.

Compiler’s Notes.

P.L. 2018, ch. 156, § 4, and P.L. 2018, ch. 292, § 4 enacted identical versions of this section.

Chapter 33.3 Housing Project Loans

45-33.3-1. Housing project loans.

Any housing authority created under chapter 25 or 26 of this title, and any redevelopment agency created under chapter 31 of this title, is authorized to make loans as provided in this chapter to any one or more persons, partnerships, or corporations for the purpose of financing the acquisition, construction, rehabilitation, or other development of one or more lower income housing projects located within their respective communities. For purposes of this chapter, a lower income housing project means one or more buildings and structures, and all real and personal property associated therewith, to be used primarily for residential rental purposes; provided, that not less than twenty percent (20%) of the residential units in the project will be occupied or available for occupancy, for a term of years that the authority or agency determines, by persons or families whose income is fifty percent (50%) or less of the median gross income for the area in which the project is located, as determined by the United States Department of Housing and Urban Development; and provided, further, that a portion of the cost of the project has been approved prior to April 30, 1988 for funding by a housing development grant under § 17 of the United States Housing Act of 1937 [42 U.S.C. § 1417, repealed by Pub. L. 90-448, Aug. 1, 1968].

History of Section. P.L. 1988, ch. 10, § 1.

45-33.3-2. Terms and conditions of loans.

Loans made by a housing authority or redevelopment agency pursuant to this chapter may be secured or unsecured, and may be in an amount, payable on a date or dates, bear interest at a rate or rates, and otherwise have terms and conditions relating to the loans, and to the lower income housing project financed by the loans, as the housing authority or redevelopment agency determines or as may be required by the housing development grant for the project. The proceeds of the loan shall be applied to costs of the lower income housing project not funded by the housing development grant, and to other costs of the project, the making of the loan, the issuance of bonds, as provided in this chapter, and the funding and maintenance of reserves to secure the loan or bonds as the housing authority or redevelopment agency determines. Any housing authority and any redevelopment agency is authorized to accept security interests and mortgages in personal property and real estate to secure loans made or bonds issued under this chapter, and is empowered to exercise all of the rights of a secured party or mortgagee with respect to the security.

History of Section. P.L. 1988, ch. 10, § 1.

45-33.3-3. Bonds.

  1. Any housing authority or redevelopment agency has power to issue bonds from time to time in its discretion for the purpose of funding any loan made under this chapter, or for the purpose of refunding, paying, or retiring bonds previously issued by it for that purpose.
  2. The bonds may be unsecured or secured by an assignment of the loan or any rights thereunder, by a pledge of any income or revenue of the authority or the agency received on account of loan, by a mortgage on or security interest in the lower income housing project financed by it, by letters of credit, lines of credit or other credit instruments, or by any combination of the preceding as the authority or agency determines in its discretion.
  3. The bonds of the authority or the agency are authorized by its resolution, may be issued in one or more series, and shall be dated, mature at a time or times, bear interest at a rate or rates, payable at a time or times, be in a form, be subject to terms of redemption, tender, or repurchase and bear any other terms and conditions as the resolution, or any trust indenture, mortgage, or other contract, providing for their issuance or securing the bonds, may provide.
  4. The bonds may be sold by the housing authority or redevelopment agency at public or private sale at a price or prices that the authority or agency determines.
  5. Except to the extent inconsistent with any provision of this chapter, the issue of bonds pursuant to this chapter and their details, the rights of their holders and the rights, duties, and obligations of the authority or agency in respect of the bonds are governed by the provisions of chapters 27 and 33 of this title insofar as those provisions may be applicable.

History of Section. P.L. 1988, ch. 10, § 1.

45-33.3-4. Powers supplementary.

The authorization and enpowerments provided by this chapter are in addition and supplemental to the powers conferred by any other law, and nothing contained in this chapter shall be construed as limiting any other powers of a housing authority or redevelopment agency.

History of Section. P.L. 1988, ch. 10, § 1.

Chapter 33.4 City of Pawtucket Downtown Redevelopment Project

45-33.4-1. Definitions.

For purposes of this chapter, the following terms shall have the meanings ascribed to them herein:

  1. “Agency” means the Pawtucket redevelopment agency, established in accordance with chapter 31 of this title.
  2. “Arts district” means the economic development zone designated as the arts and entertainment district in the downtown area of the city described in § 44-30-1.1 .
  3. “Ballpark district” means the ballpark district of the downtown Pawtucket redevelopment project area or tax increment master plan, including the ballpark known as McCoy Stadium, and related facilities and its immediately adjacent parcels within the redevelopment area approved by the agency in accordance with the procedures set forth in chapters 31, 32, 33, and 33.2 of this title.
  4. “Bonds” means revenue bonds issued by the Pawtucket redevelopment agency or the city in accordance with the provisions of chapters 31, 32, 33, and 33.2 of this title in order to finance a project, which bonds may be issued on a tax-exempt or taxable basis, on a fixed-rate basis or variable-rate basis, or any combination thereof, and may be issued in one or more sub-series and supported with letters or lines of credit, liquidity facilities, insurance or other support arrangements including, but not limited to, interest rate “caps,” “floors,” “collars,” that the agency or city, as issuer, determines to be necessary or desirable for the purpose of generating savings or managing interest rates in connection with, or subsequent to, or incidental to the issuance, carrying, or securing of the bonds.
  5. “City” means the city of Pawtucket, Rhode Island.
  6. “City economic activity taxes” means city incremental tangible asset taxes, hotel taxes, food and beverage tax revenues, and non-real property assessments from activities in the arts district, the growth center district, and the ballpark district, as set forth in the economic activity taxes agreement negotiated by the governor and the state director of the department of revenue, as described in § 45-33.4-4 .
  7. “City tax increment revenues” means revenues generated under chapter 33.2 of this title that are expected to include incremental real estate property taxes, personal property taxes, special assessments on real property, and betterment fees generated in the arts district, the growth center district, and the ballpark district.
  8. “Economic activity taxes agreement” means the agreement by and among the agency, the city, and the state described in § 45-33.4-4 .
  9. “Growth center district” means the growth center district described in a redevelopment plan or in a tax increment district master plan approved by the agency in accordance with the procedures set forth in chapters 31, 32, 33, and 33.2 of title 45, which shall have boundaries as follows: The area beginning at the point of intersection of Lonsdale Avenue and the Central Falls/Pawtucket line, continuing south on Lonsdale Avenue until Beecher Street, then heading east, then south, then east on Beecher Street to Coleman Street, then turning south onto Coleman Street to Carpenter Street, then heading east onto Carpenter Street to Conant Street, then turning south onto Conant Street, continuing to Main Street, then turning northeast onto Main Street to Church Street, then turning east onto Church Street to Pine Street, then turning south onto Pine Street to South Union Street, then turning east onto South Union Street to Park Place West, then turning south onto Park Place West to George St, continuing south onto George Street to Division Street, then turning east onto Division Street to Taft Street, then turning south onto Taft Street to Max Read Field, turning east at Max Read Field and crossing the Seekonk River, then turning south along Seekonk River boundary to the intersection of Berry Spring Street and School Street, continuing northerly onto School Street to Bowers Street, turning east onto Bowers Street to Prospect Street, then turning north onto Prospect Street to Interstate 95, turning northeast onto Interstate 95 to Walcott Street, turning west onto Walcott Street to Broadway, turning northerly onto Broadway to edge of Interstate 95, continuing north along the western edge of Interstate 95 to Pawtucket/Attleboro city line, then turning west at the city line to the Blackstone River, then south along the city boundary on the Blackstone River, continuing westerly along the city line to the point where the city line intersects with Lonsdale Avenue.
  10. “Project” means any project as defined in § 45-33.2-3 or any capital project as defined in § 45-33.2-3 .1 within the ballpark district, arts district, or growth center district and shall include “project costs” as described in § 45-33.2-28 , which definition shall apply irrespective of whether the project is described in a redevelopment plan or in a tax increment district master plan.
  11. “Redevelopment plan” means a redevelopment plan as defined in § 45-31-8 .
  12. “State” means the state of Rhode Island.
  13. “State economic activity taxes” means incremental tax revenues realized in the arts district, the growth center district, and the ballpark district assessed and collected under chapters 11, 18, 19, and 30 of title 44 as set forth in the economic activity taxes agreement negotiated by the governor and the state director of the department of revenue; provided, however, that state economic activity taxes shall not include existing tax revenues unless: 1) The project is to facilitate an expansion of an existing business that will otherwise be unable to increase the number of full-time employees in the state; or 2) The commerce corporation certifies in writing that a defined amount of revenues from the districts collected and assessed under chapters 18, 19, and 30 of title 44 are necessary to finance or complete a given project; 3) The public investments made under this chapter for a project can be demonstrated to have a likely appreciable positive impact on the revenues of an existing business within the district; or 4) The project is necessary to retain a businesses that is at substantial risk of relocating to a viable location out-of-state as verified by the Rhode Island commerce corporation. The commerce corporation shall establish, by regulation, the documentation that shall be required to verify compliance under this subsection. In order to assist the commerce corporation in verifying compliance, the affected business’s chief executive officer, or equivalent officer, shall attest under oath:
    1. With respect to any portion of a project that is financing municipal or public facilities, that the project is needed and that the financing of the project is in the public interest; or
    2. With respect to any portion of the project providing financing for industrial or commercial development purposes, that unemployment or the threat of unemployment exists in the city or that security against future unemployment is required; that the project is needed; that it will provide employment or security against loss of employment, including the approximate number of new jobs that should be created or preserved, construction and nonconstruction, their approximate wage rates, what types of fringe benefits such as healthcare or retirement benefits there will be; and the projected increase in personal income taxes to the state of Rhode Island, all having a reasonable relationship to the probable cost of acquiring, establishing, improving, or rehabilitating the facilities in which the employment is to be provided or maintained.
  14. “Tax increment district master plan” means a tax increment district master plan as defined in § 45-33.2-3.1 .

History of Section. P.L. 2018, ch. 103, § 1; P.L. 2019, ch. 118, § 2; P.L. 2019, ch. 143, § 2.

Compiler’s Notes.

P.L. 2019, ch. 118, § 2, and P.L. 2019, ch. 143, § 2 enacted identical amendments to this section.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

Severability.

P.L. 2018, ch. 103, § 5 provides: “The provisions of this act are severable, and if any of its provisions are held unconstitutional or invalid for any reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.”

45-33.4-2. [Repealed.]

History of Section. P.L. 2018, ch. 103, § 1; Repealed by P.L. 2019, ch. 118, § 1, effective July 8, 2019; P.L. 2019, ch. 143, § 1, effective July 8, 2019.

Compiler’s Notes.

Former § 45-33.4-2 concerned findings and legislative determinations.

45-33.4-3. [Repealed.]

History of Section. P.L. 2018, ch. 103, § 1; Repealed by P.L. 2019, ch. 118, § 1, effective July 8, 2019; P.L. 2019, ch. 143, § 1, effective July 8, 2019.

Compiler’s Notes.

Former § 45-33.4-3 concerned contributions from parties.

45-33.4-4. Authorization of economic activity taxes agreement.

  1. The state, acting by and through the department of revenue, is authorized to enter into an economic activity taxes agreement with the agency and the city for the purposes of financing projects, bonding costs, including capitalized interest, debt service reserves, and costs of issuance. Such economic activity taxes agreement may include such covenants and undertakings of the state as the state director of the department of revenue and the governor deem reasonable, including, without limitation, provisions enabling the payment of amounts under the economic activity taxes agreement from legally available funds for each fiscal year during which any bonds are outstanding.
  2. Such economic activity taxes agreement and the pledge and assignment of the state economic activity taxes shall be subject to the provisions of this chapter rather than the provisions of chapter 64.21 of title 42. Upon the execution of an economic activity taxes agreement, such economic activity taxes shall be segregated by the state division of taxation from all other tax revenues of the state and deposited on a monthly basis into a restricted account known as the “downtown Pawtucket redevelopment economic activity taxes fund.” However, in the event an economic activity taxes agreement has not been signed by June 30, 2020, incremental tax revenues realized in the arts district, the growth center district, and the ballpark district assessed and collected under chapters 18 and 19 of title 44 shall be segregated by the state division of taxation and deposited into the downtown Pawtucket redevelopment economic activity taxes fund. Monies deposited in the downtown Pawtucket redevelopment economic activity taxes fund may be applied to payment of debt service on the bonds; to fund debt service reserves; to costs of infrastructure improvements in and around the ballpark district, arts district, and the growth center district; to fund future debt service on the bonds; and to fund a redevelopment revolving fund established in accordance with § 45-33-1 . If economic activity taxes remain in such downtown Pawtucket redevelopment economic activity taxes fund at the end of the state’s fiscal year, the monies shall be retained in the fund to be applied in future fiscal years and shall not be applied to reduce future payments but may be applied to “super sinker,” “turbo,” or other redemption of the bonds, such that if the agency receives revenues in excess of requirements in the bond indenture or trust agreement securing the bonds, the bonds may be retired. Nothing in this chapter shall prohibit the pooling of revenues for the payment of the bonds, provided that the economic activity taxes agreement, bond indenture, or trust agreement shall provide for a reconciliation of contributions of the agency, the city, and the state from time to time; provided however, that the state hereby pledges to and agrees with any person, firm, or corporation, or federal agency subscribing to or acquiring any bonds secured by revenues under this chapter, that the state will not limit or alter the rights vested in the city or the agency or such bondholders until all bonds at any time issued, together with their interest, are fully met and discharged. The state does further pledge to and agree with the United States, and any other federal agency, that in the event that any federal agency constructs or contributes any funds for the construction, extension, improvement, equipping, furnishing, or enlargement of any project, or any portion of it, the state will not alter or limit this chapter in any manner that would be inconsistent with the due performance of any agreements with the federal agency; and the city and the agency continue to have and may exercise all powers granted by this chapter, so long as the powers are necessary or desirable for the carrying out of the purposes of this chapter.
  3. The economic activity taxes agreement shall not constitute indebtedness of the state or any of its subdivisions, or a debt for which the full faith and credit of the state or any of its subdivisions is pledged. The state’s obligation to make payments of state economic activity taxes under the state economic activity taxes agreement shall be solely from legally available funds.
  4. The economic activity taxes agreement may be terminated upon agreement of the parties thereto, provided, however, the economic activity taxes agreement shall not be terminated so long as any bonds secured by the economic activity taxes remain outstanding.
  5. By no later than September 30, 2019, the state department of revenue shall establish the baseline to be used in the calculation of state revenues in the state economic activity tax agreement. By that date, the department of revenue, in consultation with the state commerce corporation shall develop a template of an economic activity tax agreement to be executed between the city, the agency, and the state at such time that a redevelopment project is submitted for consideration. Upon submission of a redevelopment project by the city or the agency for financing under this statute, the state shall complete negotiations and finalize approval of an economic activity agreement within 120 days of the submission of the request for financing.
  6. Not later than February 1 of each year commencing February 1, 2022, the city, the agency, and the Rhode Island commerce corporation shall submit a performance review report to the general assembly which includes, but is not limited to, the following information: sources and uses of project funds, permanent job and construction job creation numbers, local and state tax revenue estimates, and project completion schedules.

History of Section. P.L. 2018, ch. 103, § 1; P.L. 2019, ch. 118, § 2; P.L. 2019, ch. 143, § 2.

Compiler’s Notes.

P.L. 2019, ch. 118, § 2, and P.L. 2019, ch. 143, § 2, enacted identical amendments to this section.

45-33.4-5. [Repealed.]

History of Section. P.L. 2018, ch. 103, § 1; Repealed by P.L. 2019, ch. 118, § 1, effective July 8, 2019; P.L. 2019, ch. 143, § 1, effective July 8, 2019.

Compiler’s Notes.

Former § 45-33.4-5 concerned renewal and replacement reserve fund.

45-33.4-6. Green construction and cost saving measures.

  1. The general assembly encourages:
    1. The use of green and sustainable building materials, techniques, and standards, including those enacted by the general assembly in the Rhode Island green buildings act, chapter 24 of title 37; and
    2. The use of highly efficient energy systems, the use of water conservation measures, and the potential use of on-site renewable energy generation in the development and construction of the project.
  2. In furtherance of building energy efficient and sustainable projects, the general assembly encourages the use of financing programs available through the Rhode Island infrastructure bank established pursuant to chapter 12.2 of title 46, including, to the extent practicable, the state revolving funds and the efficient buildings fund, which provide low-cost financing for eligible renewable and energy efficiency, stormwater abatement, water conservation, and other sustainable infrastructure projects.

History of Section. P.L. 2018, ch. 103, § 1; P.L. 2019, ch. 118, § 2; P.L. 2019, ch. 143, § 2.

Compiler’s Notes.

P.L. 2019, ch. 118, § 2, and P.L. 2019, ch. 143, § 2, enacted identical amendments to this section.

45-33.4-7. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

History of Section. P.L. 2018, ch. 103, § 1.

Chapter 34 Health and Safety Authorities

45-34-1. Definitions.

The following words and phrases as used in this chapter have the following meanings unless the context clearly states otherwise:

  1. “Disposal of solid wastes” means the disposal of wastes in an incinerator, a sanitary landfill, a resource recovery facility, or other facility making final deposition, but does not include the collection of wastes from points of generation or the transportation of those collected wastes to transfer stations or facilities for interim storage;
  2. “Legislative body” means the city council of any city;
  3. “Municipality” means any city or town;
  4. “Person” means and includes any individual, partnership, corporation, or association.

History of Section. P.L. 1958, ch. 168, § 1; P.L. 1974, ch. 176, § 3.

Comparative Legislation.

Health and safety authorities:

Conn. Gen. Stat. §§ 19a-200 — 19a-230.

Mass. Ann. Laws ch. 111, § 26 et seq.

45-34-2. Power of municipality to enter into agreements relative to disposal of wastes.

In addition to the powers previously granted by any general or public law, any municipality or group of two (2) or more municipalities may, individually or collectively, pledge the credit of the municipality or groups of municipalities by written agreement with any person for the purpose of providing for the municipality or municipalities real and personal property or other facilities for use in disposal of liquid wastes and solid wastes, provided, that in the case of solid wastes, the agreements must be approved by the solid waste management corporation.

History of Section. P.L. 1958, ch. 168, § 1; P.L. 1974, ch. 176, § 3.

45-34-3. Agreements — How authorized.

Waste disposal agreements are entered into on behalf of the municipality or municipalities upon a vote of the respective financial town meeting or the legislative body of the municipality as may be empowered to appropriate and expend moneys for matters relating to the public health and safety, and these contracts may be signed by the officials who may now contract for each municipality respecting expenditures for these purposes.

History of Section. P.L. 1958, ch. 168, § 1.

45-34-4. Lease and equipment.

Waste disposal agreements may provide for the lease of land by the municipality or municipalities from any person, or for the erection of buildings and facilities for disposal of waste by any person with provisions for the leasing of the facilities to the municipality or municipalities and with or without an option to purchase the land and/or facilities. The agreements may also provide for furnishings and equipment and other related facilities by a person by way of lease and, with or without, option for purchase during or at the termination of the lease by the municipality or municipalities. No lease entered into pursuant to this chapter shall be for a period extending beyond twenty-five (25) years from the date of entry.

History of Section. P.L. 1958, ch. 168, § 1.

45-34-5. Contributions.

In the event two (2) or more municipalities jointly enter into an agreement or agreements, the proportion of the moneys to be paid by each of the municipalities shall be determined and stated in the agreement based, from time to time, upon the percentage of population of each municipality within the group in relation to the entire population to be served by the facilities, together with other factors that may be equitable; as, but not limited to, amounts of industrial and commercial wastes in any of the municipalities, and allowance to that municipality in which the disposal facilities may be located.

History of Section. P.L. 1958, ch. 168, § 1.

Chapter 35 Conservation Commissions

45-35-1. Authority to create commission — Purpose.

City or town councils have the authority to create a commission, to be called the conservation commission, the purpose of which is to promote and develop the natural resources, protect the watershed resources, and preserve natural esthetic areas within municipalities. The commission shall conduct researches into its local land areas and seek to coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print, and distribute books, maps, charts, plans, and pamphlets which in its judgment it deems necessary for its work. It shall make and keep an index of all open spaces within the city or town, publicly or privately owned, including open marshlands, swamps, and other wetlands for the purpose of obtaining information on the proper use of those areas. It may recommend to municipal councils, boards, or agencies, a program for the better promotion, development, utilization, or preservation of open areas, streams, shores, wooded areas, roadsides, swamps, marshlands, and natural esthetic areas. It shall keep accurate records of its meetings and actions and file an annual report. It has power to appoint, subject to any personnel procurement program ordained by the city or town, clerks and other employees it may from time to time require.

History of Section. P.L. 1960, ch. 203, § 1; P.L. 1965, ch. 139, § 1.

Cross References.

Department of environmental management to cooperate with conservation commission of cities and towns, § 42-17.1-2 .

Comparative Legislation.

Conservation commission of city or town:

Conn. Gen. Stat. § 7-131a.

Mass. Ann. Laws ch. 40, § 8C.

45-35-2. Appointment of commission members.

The commission shall consist of three (3) to seven (7) members appointed by the mayor with the advice and consent of the city council, or by the town council, or by any authority designated in its city or town charter. The members of the commission shall be appointed for three (3) year terms, except the initial appointments of some of the members shall be for less than three (3) years to the end that the initial appointments shall be staggered and so that all subsequent vacancies shall not reoccur at the same time. In the event of a vacancy, interim appointments may be made by the appointing authority to complete the unexpired term of the position. Duly incorporated and existing wildlife, conservation, sportsmen’s, horticultural, or like organizations may present to the appointing authority a list of qualified citizens from which lists the appointing authority must select at least three (3) members of the commission and from which list the appointing authority may select the remainder.

History of Section. P.L. 1960, ch. 203, § 2.

45-35-3. Acquisitions — Free access to public land not restricted.

Subject to the approval of the city or town council and financial town meeting, the commission may receive gifts of funds, lands, buildings, or other properties in the name of the municipality, and may also acquire by gift, purchase, grant, bequest, devise, lease, or otherwise, the fee in those lands or water rights or any lease interest, development right, easement, covenant, or other contractual right, including conveyances, and, shall manage these gifts and acquisitions in accordance with the purposes established in this chapter. However, nothing in this chapter shall be construed to deny to the people access to the lands for all legitimate purposes. No city or town may deny or restrict to the people free access to the lands, or to any other land held by or for the city or town for recreation purposes.

History of Section. P.L. 1960, ch. 203, § 3; P.L. 1965, ch. 139, § 2.

45-35-4. Meetings — Records.

All meetings of the commission are open to the public and any person or that person’s duly constituted representative is entitled to appear and be heard on any matter before the commission before it reaches its decision. All records of its proceedings, resolutions, and actions are open to public view.

History of Section. P.L. 1960, ch. 203, § 4.

Chapter 36 Conservation of Open Spaces

45-36-1. “Open space” defined.

When used in this chapter “open space” means any space or area, the preservation or restriction of the use of which would:

  1. Maintain or enhance the conservation of natural or scenic resources,
  2. Protect natural streams or water supply,
  3. Promote conservation of soils, wetlands, beaches, or tidal marshes,
  4. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open areas and open spaces,
  5. Afford or enhance public recreation opportunities,
  6. Preserve historic sites,
  7. Implement the recreation and open space plan adopted by the planning commission of the city or town, or
  8. Promote orderly urban or suburban development.

History of Section. P.L. 1965, ch. 141, § 1.

Comparative Legislation.

Conservation of open spaces:

Conn. Gen. Stat. § 7-131c et seq.

45-36-2. Conservation of open spaces.

Any city, subject to the approval of its council, or any town, subject to the approval of the town council and financial town meeting, if it has one, may by purchase, bequest, gift, grant, devise, or lease, acquire land and improvements on it, rights of way, water riparian and other rights, easements, conservation easements, scenic easements, privileges, present and future estates, and interests of any kind or description in real property; and may enter into covenants and agreements with owners of land and owners of interests in land to maintain, improve, protect, and limit the future use of or otherwise conserve open spaces; and may enter into agreements or compacts with any other city or town for any purposes; provided, if an open space is to be acquired by the expenditure of public funds, the city or town shall, prior to the expenditure, obtain from the department of environmental management a statement, in writing, that the open space is not desired by the department for open space purposes.

History of Section. P.L. 1965, ch. 141, § 1.

Cross References.

Department of environmental management created, §§ 42-17.1-1 42-17.1-9 .

Chapter 36.1 Municipal Public Trust Dedication

45-36.1-1. Legislative purpose.

The purpose of this chapter is to provide a voluntary mechanism for cities and towns to use to dedicate a park, or other conservation land that it owns, as public trust land in perpetuity in order to ensure preservation of the natural environment and public access to the land for outdoor recreation and to ensure that the land is not converted to a use other than the use for which it was originally obtained and remains predominantly undeveloped and continues to provide open space benefits. People rely on their parks and other public open spaces and conservation land as stable, reliable places of comfort, rest, and renewal in their lives. People make decisions on where to reside and work based on proximity to these places. They expect that these places will always be there for them. This expectation is supported by R.I. Const., Art. I, § 17 , which states the people:

“shall be secure in their rights to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state.”

History of Section. P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.

Compiler's Notes.

P.L. 2021, ch. 135, § 1, and P.L. 2021, ch. 136, § 1 enacted identical versions of this chapter.

45-36.1-2. Power to declare municipal land as public trust land.

Pursuant to the proper delegation of powers vested in the general assembly by R.I. Const., Art. I, § 17 , cities and towns may formally dedicate any property they hold that was donated to the city or town, or acquired by the city or town for use as a park or for other conservation purposes as a public trust land, to be perpetually protected from conversion to a use other than the use for which it was originally obtained and from development that is inconsistent with the primary recreation, open space, and natural resource purposes as a natural resource land of the state and as a natural environment for the people of the state and to reduce risks of confusion or misunderstanding regarding acceptable and non-acceptable uses of land held by a municipality for outdoor recreation, open space benefits, and natural resource conservation.

History of Section. P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.

45-36.1-3. Process for municipal declaration of municipal land as public trust land.

Cities and towns may formally dedicate any property they hold for use as a park or for other conservation purposes as a public trust land, to be perpetually protected from conversion to a use other than the use for which it was originally obtained and development that is inconsistent with its primary purpose as a recreation, open space, and/or natural resource land of the state and as a natural environment for the people of the state through a duly approved resolution of a city or town council or through any other legally sufficient municipal process. The resolution or other municipal approval shall be recorded in the municipal land evidence records.

History of Section. P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.

45-36.1-4. Restrictions applicable to municipal public trust land.

Once a city or town dedicates property it holds as a public trust land, the land shall be perpetually protected from conversion to a use other than the use for which it was originally obtained and development that is inconsistent with its primary purpose as a recreation, open space, and natural resource land of the state and as a natural environment for the people of the state. Acceptable uses of the land so dedicated shall only be those that perpetuate outdoor recreation, open space benefits, and natural resource conservation on the land.

History of Section. P.L. 2021, ch. 135, § 1, effective July 3, 2021; P.L. 2021, ch. 136, § 1, effective July 3, 2021.

Chapter 37 Gifts of Industrial Facilities

45-37-1. Declaration of need and purpose.

It is declared that there is a need for the development of industrial, manufacturing, commercial, and warehouse facilities to insure the continued growth and prosperity of the state, and of the cities and towns within the state. It is the purpose of this chapter to provide the state and its cities and towns with the power to acquire title by gift to one or more industrial facilities and to lease or sell those facilities to any person, firm, partnership, or corporation, public or private, so as to furnish an additional means for the development of industrial facilities without the use of public funds. It is further declared that the acquisition of title to those facilities and the lease or sale of those facilities, as provided under this chapter, is a public purpose and shall be regarded as performing an essential governmental function in carrying out the provisions of this chapter. However, competition between communities in this state merely for the purpose of seeking relocation of industrial facilities located in this state is contrary to the policy of this chapter.

History of Section. P.L. 1965, ch. 198, § 1.

45-37-2. Definitions.

As used in this chapter, unless the context otherwise requires, the following words and terms have the following meanings:

  1. “Governing body” means the board or body in which the general legislative powers of a municipality are vested.
  2. “Industrial facility” means any land, any building, or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, which are suitable for use for manufacturing, warehousing, or other industrial or commercial purposes, but does not include raw materials, work in process, or stock in trade.
  3. “Municipality” means any city or town in the state.

History of Section. P.L. 1965, ch. 198, § 1.

45-37-3. Powers.

In addition to any other powers which it may now have, and notwithstanding any law to the contrary, the state and any municipality have, without any other authority, the following powers:

  1. To acquire by gift, from a nonbusiness corporation formed under the provisions of chapter 6 of title 7, one or more industrial facilities, which are located within this state and which may be located within or partially within the municipality.
  2. To lease to any person, firm, partnership, or corporation, either public or private, any or all of its industrial facilities for rentals and upon terms and conditions and for a period or periods as the governing body of the appropriate municipality may deem advisable or, in respect of the state, or a department, board, body, or commission of the state, as the governor may deem advisable; provided, that the lease or leases require that the payment of all costs of operation, maintenance, and upkeep of the industrial facilities be paid by the lessee, sublessee, or occupant, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs.
  3. To sell and convey all or any part of any industrial facility owned by it at public or private sale with or without advertisement, and to do all acts necessary to the accomplishment of that sale or conveyance.

History of Section. P.L. 1965, ch. 198, § 1.

45-37-4. Acquisition by state.

In the exercise of the powers conferred upon the state by § 45-37-3 , title to any industrial facility may be vested in the state or in a department, board, body, or commission of the state as shall be designated by the governor.

History of Section. P.L. 1965, ch. 198, § 1.

45-37-5. Procedure before acquisition.

Notwithstanding any other provision of law, neither the state, nor any municipality, have the power to acquire title to an industrial facility, pursuant to the provisions of this chapter, by gift, unless prior to the issuance of obligations to finance the acquisition and construction of an industrial facility by a nonbusiness corporation formed under the provisions of chapter 6 of title 7, the governor, or the governor’s designee, in respect of the state, or the governing body in respect of a municipality, have found, after a hearing on the acquisition and construction, that the acquisition and construction, proposed leasing, operation and use of the industrial facility and its acquisition, by the state or municipality so acquiring, serves a public use and provides a public benefit, and that the acquisition is within the policy of, and the authority conferred, by this chapter. The determination may be made by the governor, or the governor’s designee, or appropriate governing body if supported by documentation and information that the governor, or the governor’s designee, or appropriate governing body may request as a basis for the determination, and if it is found that:

  1. The acquisition and construction of the industrial facility will eliminate or prevent unemployment, either in whole or in part in the area in which the industrial facility is located;
  2. The industrial facility will consist of a building or buildings which are suitable for industrial, manufacturing, commercial, or warehousing purposes;
  3. The industrial facility will be leased to, or owned by, a financially responsible person or corporation;
  4. Adequate provision has been, or will be made, for the payment of the cost of the acquisition and construction of the industrial facility, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of the principal of, or interest on, any obligations issued to finance the construction;
  5. Adequate provision has been, or will be made, in each lease relating to the industrial facility for the payment of all costs of operation, maintenance, and upkeep of the industrial facility by the lessee, sublessee, or occupant so that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs; and
  6. The acquisition and construction, proposed leasing, operation, and use of the industrial facility will aid in the development, growth, and prosperity of the state or municipality in which the industrial facility is located.

History of Section. P.L. 1965, ch. 198, § 1; P.L. 1966, ch. 247, § 1.

45-37-6. No authority to operate as a business.

Neither the state nor any municipality has the power to operate an industrial facility owned by it as a business or in any manner except as its lessor.

History of Section. P.L. 1965, ch. 198, § 1.

45-37-7. Tax exemption and payment for services in lieu of taxes.

Any industrial facility owned by the state or a municipality, as provided in § 45-37-3 , is declared to be public property and is exempt from all taxes and special assessments of any municipality; provided, that in lieu of taxes and special assessments, the state or the municipality shall require any lessee, sublessee, or occupant of the industrial facility to make payments annually to the municipality in which an industrial facility is located for its just share of the public expense, including, but not limited to, education, highway maintenance, fire and police protection and other similar public expenses and governmental services; and provided, further, that the governor, or his or her designee, or the governing body of the municipality determines, after a hearing, that these payments constitute a just share of the public expense.

History of Section. P.L. 1965, ch. 198, § 1.

Chapter 37.1 Industrial Facilities Corporation

45-37.1-1. Declaration of policy.

It is declared that there is a need for the further development of industrial and recreational facilities within the state, a need to induce, encourage, and facilitate industrial development by the expansion of railroad transportation facilities and otherwise, and there is a need for the abatement or control of pollution of the environment of the state, which is necessary to protect the health and welfare of the citizens of the state, to protect the natural resources of the state, and to encourage the economic development of the state, to promote the expansion and diversification of recreational facilities, and a need to confer additional powers on the Rhode Island industrial facilities corporation that will assure the successful completion of industrial and recreational undertakings, initiated by that corporation, so as to serve the public interests of all the citizens of the state.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1971, ch. 255, § 1; P.L. 1973, ch. 195, § 1; P.L. 1981, ch. 419, § 2.

Cross References.

Administrative services provided by the department of economic development, § 42-63-2.

45-37.1-2. Title of chapter.

This chapter may be referred to and cited as the “Rhode Island Industrial Facilities Corporation Act”.

History of Section. P.L. 1967, ch. 11, § 1.

45-37.1-3. Definitions.

As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

  1. “Corporation” means the Rhode Island industrial facilities corporation, created and established as a nonbusiness corporation under and pursuant to chapter 6 of title 7, as amended, and constituted and established as a public body corporate and agency of the state by § 45-37.1-4 , or any board, body, commission, department, or officer succeeding to the principal functions of the corporation or to whom the powers conferred upon the corporation by this chapter are given by law.
  2. “Industrial facility” means any project the corporation is authorized to finance.
  3. “Industrial pollution” means any gaseous, liquid, or solid waste substance, or combination thereof, resulting from any process of industry, manufacturing, trade, or business, or from the development, processing, or recovery of any natural resources which pollute the land, water, or air of the state.
  4. “Municipality” means any city or town in the state.
  5. “Project” means any land and any building or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment, or any interest in them, whether or not now in existence or under construction, which are suitable for use for manufacturing, warehousing, or other industrial or commercial purposes, or suitable for pollution abatement or control, for the reconstruction, modernization, or modification of existing industrial plants for the abatement or control of industrial pollution or suitable for solid waste disposal, or for any combination of these purposes, including working capital, but does not include raw materials, work in process, or stock in trade. “Project” also means any railroad rolling stock, including locomotives, cabooses, and vehicles for the transportation of freight and shall also mean:
    1. The construction and/or acquisition costs of marine craft and necessary machinery, equipment, and gear to be used primarily and continuously in the fishing industry by corporations, partnerships, or individuals whose principal place of business and location are in the state of Rhode Island;
    2. The construction and/or acquisition costs and necessary machinery and equipment of any marine craft for research or other uses considered to be an integral part of any land-based industrial concern, which would presently qualify for a loan guarantee under the Rhode Island industrial recreational building authority;
    3. Acquisition costs of any existing building, machinery, and equipment for any project which would otherwise qualify for a loan under the Rhode Island industrial recreational building authority;
    4. Any “recreational project”, as that term is described in chapter 34 of title 42, relating to the loan guarantee program of the Rhode Island industrial recreational building authority; or
    5. Any other activity undertaken by the corporation.
  6. “Solid waste” means any refuse matter, trash, or garbage from residences, manufacturing and industrial plants, hotels, apartments, or any other public or private building.
  7. “State” means the state of Rhode Island.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1971, ch. 255, § 2; P.L. 1973, ch. 195, § 2; P.L. 1974, ch. 257, § 1; P.L. 1980, ch. 229, § 1; P.L. 1981, ch. 419, § 3; P.L. 1988, ch. 84, § 38.

Compiler's Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-37.1-4. Rhode Island industrial facilities corporation constituted public body corporate and agency of the state.

  1. The Rhode Island industrial facilities corporation, previously created as a nonbusiness corporation, under and pursuant to chapter 6 of title 7, as amended by chapter 121 of the Public Laws of 1966, is constituted and established as a public body corporate and agency of the state for the purposes of acquiring, constructing, financing, and leasing projects, as defined in this chapter, within the state. The exercise by the corporation of the powers conferred by this chapter are deemed and held to be the performance of an essential governmental function.
  2. All of the powers of the corporation are vested in the board of directors of the corporation previously elected at the first meeting of the incorporators of the Rhode Island industrial facilities corporation, and the members of the board shall continue to serve for the duration of the terms for which they were originally elected. Successors to the members of the board of directors shall be appointed by the governor, as follows: prior to the month of June in each year, commencing in the year 1967, the governor shall appoint a member to serve on the board of directors for a term of five (5) years to succeed the member whose term will expire in June of that year. In the event of a vacancy occurring in the membership of the board of directors, the governor shall appoint a new member of the board of directors for the unexpired term. Any member of the board of directors shall be eligible for reappointment.
  3. Each member of the board of directors, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
  4. The board of directors may elect officers, who need not be members of the board, as may be required to conduct the authority’s business. The director of the department of economic development shall serve as executive director and chief executive officer, ex officio, of the corporation. Three (3) members of the board of directors of the corporation constitutes a quorum, and the vote of three (3) members of the board of directors is necessary for any action taken by the corporation. No vacancy in the membership of the board of directors of the corporation shall impair the right of a quorum to exercise all the powers and perform the duties of the corporation.
  5. Any action taken by the corporation under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each resolution takes effect immediately and need not be published or posted.
  6. The members of the board of directors and the officers of the corporation shall receive no compensation for the performance of their duties under this chapter, but each member or officer shall be paid his or her necessary expenses incurred while in the performance of those duties.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1974, ch. 100, § 12.

45-37.1-5. General grant of powers.

The corporation has the following powers, together with all powers incidental or necessary for the performance of those powers:

  1. To have perpetual succession as a public body corporate and agency of the state and to adopt bylaws for the regulation of its affairs and the conduct of its business;
  2. To sue and be sued, plead and be impleaded;
  3. To adopt an official seal and alter the seal at pleasure;
  4. To maintain an office at a place or places that it may designate;
  5. To determine the location and character of any project to be financed under the provisions of this chapter and to acquire, whether by purchase, exchange, gift, lease, or otherwise, and to construct, reconstruct, improve, maintain, equip, and furnish one or more projects, including all real and personal properties which it may deem necessary in connection therewith, and regardless of whether or not the project or projects shall then be in existence or shall then be partially or wholly constructed;
  6. Make and execute agreements of lease, conditional sales contracts, installment sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation granted by this chapter;
  7. To sell, exchange, mortgage, donate, and convey any or all of its properties whenever it finds that action to be in furtherance of the purposes for which the corporation was established;
  8. To grant options to purchase any of its projects on whatever terms it may deem advisable, and to grant options to renew any leases entered into by it in connection with any of its projects on any terms it may deem advisable;
  9. To issue its bonds and notes for the purpose of carrying out any of its corporate purposes;
  10. As security for the payment of the principal of and interest on any bonds or notes so issued and any agreements made in connection therewith, to mortgage and pledge any or all of its projects or any part or parts of them, whether then owned or thereafter acquired, and to pledge their revenues and receipts or from any of them, and to assign or pledge the lease on or financing agreement in connection with any or all of the projects and to assign or pledge the income received by virtue of the lease or financing agreement;
  11. To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, financial consultants, and other employees, including an executive director, and agents that it deems necessary in its judgment and to fix their compensation;
  12. To utilize the services of other governmental agencies, including, without limitation, the services of the department of economic development;
  13. To accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or from any other source, and to comply, subject to the provisions of this chapter, with their terms and conditions; and
  14. To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 2.

45-37.1-6. Bonds and notes of the corporation.

  1. The corporation is authorized to issue its negotiable revenue bonds and notes from time to time for any of its corporate purposes. All bonds and notes issued by the corporation are payable solely out of the revenues and receipts derived from the leasing or sale by the corporation of its projects or of any thereof, or from any other financing arrangement with respect thereto, as may be designated in the proceedings of the corporation under which the bonds or notes are authorized to be issued. The bonds and notes may be executed and delivered by the corporation at any time and, from time to time, may be in a form and denominations and of a tenor and maturities, may be in bearer form or in registered form, as to principal and interest or as to principal alone, may be payable in installments and at a time or times may be payable at places whether within or without the state, may bear interest at a rate or rates payable at a time or times and at a place or places and evidenced in a manner, and may contain provisions not inconsistent herewith, all as are provided in the proceedings of the corporation under which the bonds are authorized to be issued; provided, however, that bonds of the corporation are payable not more than forty (40) years from their date of issue and notes are payable not more than ten (10) years from their date of issue. If deemed advisable by the corporation, there may be retained in the proceedings, under which any bonds or notes of the corporation are authorized to be issued, an option to redeem all or any part of the bonds or notes as may be specified in the proceedings, at a price or prices and after notice or notices and on terms and conditions as may be stated in the proceedings and as may be recited on the face of the bonds or notes, but nothing herein contained shall be construed to confer on the corporation any right or option to redeem any bonds or notes, except as may be provided in the proceedings under which they are issued. Any bonds or notes of the corporation may be sold at a price or prices, at public or private sale, in a manner and, from time to time, as may be determined by the corporation, and the corporation may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connection with their issuance and sale. Any moneys of the corporation, including proceeds from the sale of any bonds or notes, and revenues, receipts, and income from any of its projects, may be invested and reinvested in obligations, securities, and other investments that are provided in the resolution or resolutions under which the bonds or notes are authorized.
  2. Issuance by the corporation of one or more series of bonds or notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or any other projects, but the proceedings, whereunder any subsequent bonds or notes may be issued, shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds or notes, unless in the proceedings authorizing the prior issue, the right is reserved to issue subsequent bonds or notes on a parity with the prior issue.
  3. Without limiting the generality of the preceding, the corporation may issue its bonds or notes to finance any industrial facilities which may have been initiated by the Rhode Island industrial facilities corporation prior to February 27, 1967, and without regard to the stage of completion of any of the industrial facilities.
  4. The corporation is authorized to provide for the issuance of its revenue bonds or notes for the purpose of refunding any revenue bonds or notes of the corporation then outstanding, including the payment of any redemption premium on the bonds or notes and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the revenue bonds or notes, and, if deemed advisable by the corporation, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion of it.
  5. The proceeds of the revenue bonds or notes issued for the purpose of refunding outstanding revenue bonds or notes may, in the discretion of the corporation, be applied to the purchase or retirement at maturity or redemption of the outstanding revenue bonds or notes either on their earliest or any subsequent redemption date, and may, pending the application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on a date that may be determined by the corporation.
  6. The escrowed proceeds, pending that use, may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by direct obligations of or guaranteed by the United States of America, maturing at an appropriate time or times to assure the prompt payment, as to principal, interest, and redemption premium, if any, on the outstanding revenue bonds or notes to be refunded. The interest, income, and profits, if any, earned or realized on any investment may also be applied to the payment of the outstanding revenue bonds or notes to be refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income and profits, if any, earned or realized on the investments, may be returned to the corporation for use by it in any lawful manner. The portion of the proceeds of any revenue bonds or notes issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by direct obligations of or guaranteed by the United States of America, maturing not later than the time or times when proceeds will be needed for the purpose of paying all or any part of the cost. The interest, income and profits, if any, earned or realized on the investments may be applied to the payment of all or any part of that cost or may be used by the corporation in any lawful manner.
  7. All the revenue bonds or notes shall be issued and secured and shall be subject to the provisions of this chapter in the same manner and to the same extent as any other revenue bonds and notes issued pursuant to this chapter. All revenue bonds and notes authorized under this section and the interest coupons if any, applicable thereto, are hereby made and shall be construed to be negotiable instruments.
  8. Money borrowed by the corporation for the purpose of providing temporary financing of a project or projects or combination of projects pending the issuance of bonds or other notes shall be evidenced by notes or other obligations. The principal and interest of all notes or other obligations of the corporation so issued under the provisions of this section are payable from the following:
    1. From the proceeds of bonds subsequently issued; or
    2. From the proceeds of subsequent borrowings which comply with the provisions of this section.
  9. Notwithstanding any other provisions of this chapter, all of these notes are deemed to be negotiable instruments under the laws of the state subject only to the provisions for registration contained therein. The notes or other obligations or any issue of them shall be in a form and contain any other provisions that the corporation may determine, and the notes or resolutions or proceedings authorizing the notes or other obligations or any issue of them may contain, in addition to any provisions, conditions, covenants, or limitations which the corporation is authorized to include in any resolution or resolutions authorizing bonds or notes or on any trust indenture relating to them. The corporation may issue notes or other obligations in a manner, either publicly or privately, on terms that it may determine to be in its best interests. The notes or other obligations may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, or agency of the state, without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter and by the provisions and resolutions authorizing the issuance of the notes or obligations.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1971, ch. 255, § 3; P.L. 1980, ch. 229, § 3.

45-37.1-7. Security for bonds and notes — Construction and acquisition of projects.

  1. The principal of and interest on any bonds or notes issued by the corporation may be secured by a pledge of any revenues and receipts of the corporation and may be secured by a mortgage or deed of trust or trust indenture covering all or any part of a project, including any additions, improvements, extensions to or enlargements of any projects thereafter made. The bonds or notes may also be secured by an assignment of the lease or other financing agreement, with respect to any project for the construction and acquisition of which the bonds or notes are issued, and by an assignment of the revenues and receipts derived by the corporation from the lease or other financing agreement. The resolution under which the bonds or notes are authorized to be issued and the mortgage, deed of trust, trust indenture, lease, or other financing agreement may contain agreements and provisions respecting the maintenance of the projects covered by them, the fixing and collection of rents or other revenues for any portions of them leased or sold by the corporation to others, the creation and maintenance of special funds from those revenues, and the rights and remedies available in the event of default, all as the corporation deems advisable and not in conflict with the provisions hereof. Each pledge, agreement, mortgage, deed of trust, and trust indenture made for the benefit or security of any of the bonds or notes of the corporation are valid and binding from the time the pledge is made, and shall continue to be in effect until the principal of and interest on the bonds or notes for the benefit of which the bonds or notes were made have been fully paid, or until provision has been made for payment in the manner provided in the resolution or resolutions under which the bonds or notes may be authorized. The revenues, moneys, or property pledged by the corporation are immediately subject to the lien of a pledge without any physical delivery or further act, and the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. In the event of a default in the payment of the principal of and interest on any bonds or notes or in any agreements of the corporation made as a part of the contract under which the bonds or notes are issued, whether contained in the proceedings authorizing the bonds or notes or in any instrument executed as security for them, the rights of affected bondholders or noteholders may be enforced by mandamus, the appointment of a receiver in equity, or by foreclosure of the mortgage, deed of trust, or other instrument, or any one or more of those remedies or any other remedy provided in the proceedings.
  2. The corporation may provide, in any proceedings under which bonds or notes may be authorized, that any project, or part thereof, or any addition, improvement, extension, or enlargement, may be constructed by the corporation or the lessee or other occupant of the project or any designee of the corporation, the lessee, or other occupant of the project, or of any of them, and may also provide in the proceedings for the time and manner of and requisites for disbursements to be made for the cost of the construction and acquisition, and for all the certificates and approvals of construction and disbursements as the corporation deems necessary and provides for in the proceedings.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 4; P.L. 1982, ch. 316, § 1.

45-37.1-8. Trust funds.

All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or notes or as revenues, receipts, or income, are deemed to be trust funds to be held and applied solely as provided in the proceedings under which the bonds or notes are authorized. Any officer with whom, or any bank or trust company with which, the moneys are deposited as trustee thereof, shall hold and apply the moneys for the purposes thereof, subject to provisions as this chapter and the proceedings authorizing the bonds or notes of any issue or the trust agreement securing those bonds or notes may provide.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 5.

45-37.1-9. Exemption from taxation.

  1. The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential government function, and the corporation is not required to pay any taxes or assessments upon or in respect of a project, or any property or moneys of the corporation, levied by any municipality or political subdivision of the state, nor is the corporation required to pay state taxes of any kind, and the corporation, its projects, property, and moneys, and any bonds and notes issued under the provisions of this chapter, their transfer and the income from them, including any profit made on their sale, are at all times free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state, and the corporation is not required to pay any transfer tax of any kind on account of instruments recorded by or on its behalf or in connection with the financing of any of its projects; provided, that any person, partnership, corporation, or concern leasing a project from the corporation shall pay to the city, town, school district, or other political subdivision or special district having taxing powers, in which the project is located, a payment in lieu of taxes which equals the taxes on real and personal property which the lessee would have been required to pay, had it been the owner of the property during the period for which the payment is made, and under no circumstances are the corporation or its projects, properties, money, bonds, or notes obligated, liable, or subject to a lien of any kind for their enforcement, collection, or payment; and provided, further, that in the case of any person, partnership, corporation, or concern leasing a project from the corporation any such person, partnership, corporation or concern so leased shall be exempt from payment of state sales tax applicable to materials used in construction of such a facility only to the extent that the costs of such materials do not exceed the amount financed through the corporation.
  2. If and to the extent the proceedings under which the bonds or notes authorized to be issued under the provisions of this chapter so provide, the corporation may agree to cooperate with the lessee of a project in connection with any administrative or judicial proceedings for determining the validity or amount of payments, and may agree to appoint or designate and reserve the right in and for the lessee to take all action which the corporation may lawfully take in respect of those payments and all matters relating to them, provided, that the lessee bears and pay all costs and expenses of the corporation thereby incurred at the request of the lessee or by reason of any action taken by the lessee in behalf of the corporation. Any lessee of a project, which has paid the amounts in lieu of taxes required by the first sentence of this section, is not required to pay any taxes for which a payment in lieu thereof has been made to the state or to any city, town, school district, or other political subdivision or special district having taxing powers, notwithstanding any other statute to the contrary.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 6; P.L. 2005, ch. 117, art. 16, § 8; P.L. 2006, ch. 246, art. 30, § 19; P.L. 2009, ch. 5, art. 11, § 2.

45-37.1-9.1. Procedure.

  1. An exemption from payment of state sales tax shall only apply to projects approved prior to July 1, 2011, and shall be applicable to materials used in construction of a facility only to the extent that the costs of such materials do not exceed the amount financed through the corporation as required in § 45-37.1-9 shall be deemed to have been authorized thirty (30) days from the date of the completion by the corporation of an economic analysis that shall include:
    1. A full description of the project to which the tax exemption is related; and
    2. The corporation’s analysis of the impact of the proposed project will or may have on the state. The analysis shall be supported by such appropriate data and documentation and shall consider, but not be limited to, the following factors:
      1. The impact on the industry or industries in which the completed project will be involved;
      2. State fiscal matters, including the state budget (revenues and expenses);
      3. The financial exposure of the taxpayers of the state under the plans for the proposed project and negative foreseeable contingencies that may arise therefrom;
      4. The approximate number of jobs projected to be created, construction and nonconstruction;
      5. Identification of geographic sources of the staffing for identified jobs;
      6. The projected duration of the identified construction jobs;
      7. The approximate wage rates for the identified jobs;
      8. The types of fringe benefits to be provided with the identified jobs, including healthcare insurance and any retirement benefits;
      9. The projected fiscal impact on increased personal income taxes to the state of Rhode Island; and
      10. The description of any plan or process intended to stimulate hiring from the host community, training of employees or potential employees and outreach to minority job applicants and minority businesses.
  2. For purposes of the exemption from taxes and assessments for any project of the corporation held by a lessee of the corporation under section 9 of this chapter and subsection (a) of this section, any such project shall be subject to the following additional requirements:
    1. The total sales tax exemption benefit to the lessee will be implemented through a reimbursement process as determined by the division of taxation rather than an up-front purchase exemption;
    2. The sales tax benefits granted pursuant to section 9 of this chapter shall: (i) only apply to projects approved prior to July 1, 2011, (ii) only apply to materials used in the construction, reconstruction or rehabilitation of the project and to the acquisition of furniture, fixtures and equipment, except automobiles, trucks or other motor vehicles, or materials that otherwise are depreciable and have a useful life of one year or more, for the project for a period not to exceed six (6) months after receipt of a certificate of occupancy for any given phase of the project for which sales tax benefits are utilized; and (ii) not exceed an amount equal to the income tax revenue received by the state from the new full-time jobs with benefits excluding project construction jobs, generated by the project within a period of three (3) years from after the receipt of a certificate of occupancy for any given phase of the project. For purposes of this section, “full-time jobs with benefits” means jobs that require working a minimum of thirty (30) hours per week within the state, with a median wage that exceeds by five percent (5%) the median annual wage for the preceding year for full-time jobs in Rhode Island, as certified by the department of labor and training, with a benefit package that is typical of companies within the lessee’s industry.
    3. The corporation shall transmit the analysis required under section 9 of this chapter to the house and senate fiscal committee chairs, the department of labor and training and the division of taxation promptly upon completion. Annually thereafter, the department of labor and training shall certify to the house and senate fiscal committee chairs, the house and senate fiscal advisors, the corporation and the division of taxation the actual number of new full-time jobs with benefits created by the project, in addition to construction jobs, and whether such new jobs are on target to meet or exceed the estimated number of new jobs identified in the analysis above. This certification shall no longer be required when the total amount of new income tax revenue received by the state exceeds the amount of the sales tax exemption benefit granted above.
    4. The department of labor and training shall certify to the house and senate fiscal committee chairs and the division of taxation that jobs created by the project are “new jobs” in the state of Rhode Island, meaning that the employees of the project are in addition to, and without a reduction of, those employees of the lessee currently employed in Rhode Island, are not relocated from another facility of the lessee’s in Rhode Island or are employees assumed by the lessee as the result of a merger or acquisition of a company already located in Rhode Island. Additionally, the corporation, with the assistance of the lessee, the department of labor and training, the department of human services and the division of taxation shall provide annually an analysis of whether any of the employees of the project qualify for RIte Care or RIte Share benefits and the impact such benefits or assistance may have on the state budget.
    5. Notwithstanding any other provision of law, the division of taxation, the department of labor and training and the department of human services are authorized to present, review and discuss lessee specific tax or employment information or data with the corporation, the house and senate fiscal committee chairs, and/or the house and senate fiscal advisors for the purpose of verification and compliance with this resolution; and
    6. The corporation and the project lessee shall agree that, if any time prior to the state recouping the amount of the sales tax exemption through new income tax collections from the project, not including construction job income taxes, the lessee will be unable to continue the project, or otherwise defaults on its obligations to the corporation, the lessee shall be liable to the state for all the sales tax benefits granted to the project plus interest, as determined in § 44-1-7 , calculated from the date the lessee received the sales tax benefits. The sales tax exemption shall only apply to projects approved prior to July 1, 2011.

History of Section. P.L. 2006, ch. 246, art. 30, § 20; P.L. 2009, ch. 5, art. 11, § 2; P.L. 2011, ch. 151, art. 19, § 22.

45-37.1-10. Bonds and notes eligible for investment.

Bonds and notes issued by the corporation under the provisions of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries, pension, profit sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. These bonds and notes are securities which may properly and legally be deposited with and received by any state or municipal officer, or any agency or political subdivision of the state, for any purpose for which the deposit of bonds or obligations of the state is now or may be authorized by law.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 7.

45-37.1-11. Annual report and audit.

Within four (4) months after the close of each fiscal year of the corporation, it shall make a report to the governor of its activities for the preceding fiscal year, and the report shall disclose a complete operating and financial statement covering the corporation’s operations during the preceding fiscal year. The corporation shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost of the audit shall be paid by the corporation from funds available to it pursuant to this chapter.

History of Section. P.L. 1967, ch. 11, § 1.

45-37.1-12. State not liable — Exceptions.

Except for any obligations secured by mortgages which are insured by the Rhode Island industrial recreational building authority, the state is not liable for the payment of the principal of or interest on any bonds or notes of the corporation, or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds or notes of the corporation, nor any of its agreements or obligations, shall be construed to constitute an indebtedness of the state within the meaning of any constitutional or statutory provision whatsoever, nor shall the issuance of bonds or notes under the provisions of this chapter, directly, or indirectly, or contingently, obligate the state or any municipality or political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Obligations issued under the provisions of this chapter, which are secured by mortgages insured by the Rhode Island industrial recreational building authority, in addition to being payable from the revenues pledged for those obligations, are secured by a pledge of the faith and credit of the state consistent with the terms and limitations of chapter 34 of title 42.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 8; P.L. 1981, ch. 419, § 4; P.L. 1988, ch. 84, § 39.

45-37.1-13. Procedure before undertaking project.

Notwithstanding any other provision of this chapter, the corporation is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds under this chapter, it finds that:

  1. The acquisition and construction of the project will eliminate or prevent unemployment, either in whole or in part, in the area in which the project is located; and
  2. The project is consistent with the definition of “project” as defined in § 45-37.1-3 ; and
  3. The project will be leased to, or owned by, a financially responsible person, partnership, corporation, or concern; and
  4. Adequate provision has been, or will be, made for the payment of the cost of the acquisition and construction of the project and that, except in connection with obligations secured by mortgages insured by the Rhode Island industrial recreational building authority, under no circumstances, will the state or any municipality or political subdivision of the state be obligated, directly or indirectly, for the payment of the principal of, or interest on, any obligation issued to finance the construction; and
  5. Adequate provision has been, or will be, made in each lease or other financing agreement relating to the project for the payment of all costs of operation, maintenance, and upkeep of the project by the lessee, sublessee, or occupant, so that, except in connection with obligations secured by mortgages which are insured by the Rhode Island industrial recreational building authority, under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs; and
  6. The acquisition and construction, proposed financing, operation, and use of the project will aid in the development, growth, and prosperity of the state or (if the project consists of other than railroad rolling stock) of the municipality in which the project is located, and with respect to projects for air and water pollution control or projects for solid waste disposal, that the projects will protect the natural resources of the state and the health and welfare of its citizens; provided, that with respect to projects for air and water pollution control or projects for solid waste disposal, the corporation is not required to make the findings specified in subdivisions (1) and (2).

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1971, ch. 255, § 4; P.L. 1973, ch. 195, § 3; P.L. 1980, ch., 229, § 9; P.L. 1981, ch. 419, § 5; P.L. 1988, ch. 636, § 1.

45-37.1-14. No authority to operate as a business.

The corporation does not have the power to operate any project owned by it as a business or in any other manner, except as the lessor of a project.

History of Section. P.L. 1967, ch. 11, § 1.

45-37.1-15. Agreement of the state.

The state of Rhode Island does hereby pledge to and agree with the holders of any bonds or notes issued under this chapter, and with those parties who may enter into contracts with the corporation pursuant to the provisions of this chapter, that the state will not limit or alter the rights hereby vested in the corporation until the obligations, together with their interest, are fully met and discharged and the contracts are fully performed on the part of the corporation;, that nothing contained in this chapter precludes the limitation or alteration if and when adequate provisions are made by law for the protection of the holders of the bonds or notes of the corporation or those entering into contracts with the corporation. The corporation is authorized to include this pledge and undertaking for the state in bonds, notes, or contracts.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 10.

Compiler's Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-37.1-16. Corporation designated as local development corporation.

For purposes of chapter 34 of title 42, it is hereby found and declared that the corporation is a “local development corporation” within the meaning of § 42-34-6 .

History of Section. P.L. 1980, ch. 229, § 11; P.L. 1981, ch. 419, § 6; P.L. 1988, ch. 84, § 40.

45-37.1-17. Chapter cumulative — No notice required.

Neither this chapter nor anything contained in this section shall be construed as a restriction or limitation upon any powers which the Rhode Island industrial facilities corporation might otherwise have under any laws of this state, but shall be construed as cumulative of those powers. The preceding sections of this chapter are deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws; provided, that the issuance of all revenue bonds and notes under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds or notes, including, particularly, title 6A, and contracts for the construction and acquisition of any project undertaken pursuant to this chapter need not comply with the provisions of title 37. No proceedings, notice, or approval are required for the issuance of any bonds or notes or any instrument as security therefor, except as is provided in this chapter.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 12.

45-37.1-18. Chapter liberally construed.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effect its purposes.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 13.

45-37.1-19. Severability.

If any section, clause, provision, or portion of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, the holding shall not affect any other section, clause, or provision of this chapter which is not in and of itself unconstitutional.

History of Section. P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 13.

Chapter 38 Gifts of Educational Facilities

45-38-1. Declaration of need and purpose.

It is declared that for the benefit of the people of the state of Rhode Island, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that educational institutions within the state be provided with appropriate additional means to assist youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable educational institutions in the state to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, all to the public benefit and good. It is also the purpose of this chapter to provide the state and its cities and towns with the power to acquire title by gift to one or more educational facilities and to lease or sell those facilities to any educational institution within the state so as to furnish an additional means for the development of educational facilities without the use of public funds. It is further declared that the acquisition of title to those educational facilities, and the lease or sale of those facilities as provided under this chapter, is a public purpose and shall be regarded as performing an essential governmental function in carrying out the provisions of this chapter.

History of Section. P.L. 1965, ch. 199, § 1.

Compiler's Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-38-2. Definitions.

As used in this chapter, unless the context otherwise requires, the following words and terms have the following meanings:

  1. “Educational facility” means one or more structures suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research, classroom, maintenance or storage or utility facility, and other structures or facilities related thereto or required for the instruction of students or the conducting of research or the operation of an educational institution, including parking and other facilities or structures essential or convenient for the orderly conduct of the educational institution, and also including equipment and machinery and other similar items necessary or convenient for the operations of a particular facility or structure in the manner for which its use is intended, but not including such items as books, fuel, supplies, or other items which are customarily deemed to result in a current operating charge.
  2. “Governing body” means the board or body in which the general legislative powers of the municipality are vested.
  3. “Municipality” means any city or town in the state.

History of Section. P.L. 1965, ch. 199, § 1.

45-38-3. Powers.

In addition to any other powers which it may now have, and notwithstanding any law to the contrary, the state and any municipality have, without any other authority, the following powers:

  1. To acquire by gift, from a nonbusiness corporation formed under the provisions of chapter 6 of title 7, one or more educational facilities located within this state, and which may be located within or partially within the municipality.
  2. To lease to any educational institution within the state any or all of its educational facilities for rentals and upon terms and conditions and for a period or periods that the governing body of the appropriate municipality may deem advisable or, in respect of the state, or a department, board, body, or commission of the state, as the governor may deem advisable; provided, that the lease or leases require that the payment of all costs of operation, maintenance, and upkeep of the educational facilities will be paid by the lessee, sublessee, or occupant and that under no circumstance will the state or municipality be obligated, directly or indirectly, for the payment of those costs.
  3. To sell and convey all or any part of any educational facility owned by it at a public or private sale, with or without advertisement, and to do all acts necessary to the accomplishment of sale or conveyance.

History of Section. P.L. 1965, ch. 199, § 1.

45-38-4. Acquisition by state.

In the exercise of the powers conferred upon the state by § 45-38-3 , title to any educational facility may be vested in the state or in a department, board, body, or commission of the state designated by the governor.

History of Section. P.L. 1965, ch. 199, § 1.

45-38-5. Procedure before acquisition.

Notwithstanding any other provision of law, neither the state, nor any municipality, has the power to acquire title to an educational facility, pursuant to the provisions of this chapter, by gift, unless prior to the issuance of obligations to finance the acquisition and construction of an educational facility by a nonbusiness corporation formed under the provisions of chapter 6 of title 7, the governor, or the governor’s designee, in respect of the state, and the governing body in respect of a municipality, have found, after a hearing, that the acquisition and construction, proposed leasing, operation, and use of the educational facility, and its acquisition by the state or municipality, will serve a public use and provide a public benefit, and that the acquisition will be within the policy of, and the authority conferred by, this chapter. The determination may be made by the governor, or the governor’s designee, or appropriate governing body if supported by documentation and information that the governor, or the governor’s designee, or appropriate governing body may request as a basis for the determination, and if it is found that:

  1. The acquisition and construction of the educational facility will enable or assist an educational institution to fulfill its obligations in providing education to the youth of this state; and
  2. The educational facility will be leased to, or owned by, a financially responsible educational institution within the state; and
  3. Adequate provision has been, or will be, made for the payment of the cost of the acquisition and construction of the educational facility, and that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of the cost of acquisition and construction of the educational facility, or for the payment of the principal of, or interest on, any obligations issued to finance the acquisition and construction; and
  4. Adequate provision has been, or will be, made in any lease of the educational facility for the payment of all costs of operation, maintenance, and upkeep of the educational facility by the lessee, sublessee, or occupant so that under no circumstances will the state or municipality be obligated, directly or indirectly, for the payment of those costs.

History of Section. P.L. 1965, ch. 199, § 1; P.L. 1966, ch. 247, § 2.

45-38-6. Tax exemption.

Any educational facility owned by the state or a municipality, as provided by § 45-38-3 , is declared to be public property, and is exempt from all taxes and special assessments of the state or any of its political subdivisions.

History of Section. P.L. 1965, ch. 199, § 1.

Chapter 38.1 Health and Educational Building Corporation

45-38.1-1. Declaration of policy.

It is declared that for the benefit of the people of the state of Rhode Island, the increase of their commerce, welfare, and prosperity and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities; that it is essential that institutions for higher education within the state be provided with appropriate additional means to assist youth in achieving the required levels of learning and development of their intellectual and mental capacities; that it is essential that healthcare providers within the state be provided with appropriate additional facilities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable institutions for higher education in the state and healthcare providers to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, and to provide a measure of assistance and an alternative method to enable students and the families of students attending institutions for higher education in the state to finance the cost or a portion of the cost of that higher education, all to the public benefit and good, to the extent and manner provided in this chapter. It is further declared that the exercise by the Rhode Island health and educational building corporation, created and established under § 45-38.1-4 , of the powers conferred on the corporation, under this chapter, will constitute the performance of an essential governmental function.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1982, ch. 301, § 1; P.L. 1991, ch. 292, § 1.

Compiler's Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-38.1-2. Title of chapter.

This chapter may be referred to and cited as the “Rhode Island Health and Educational Building Corporation Act”.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2.

45-38.1-3. Definitions.

As used in this chapter, the following words and terms have the following meaning unless the context indicates another or different meaning or intent:

  1. “Bonds” means bonds of the corporation issued under the provisions of this chapter, including refunding bonds, notwithstanding that the bonds may be secured by mortgage or the full faith and credit of the corporation or the full faith and credit of a participating institution for higher education or of a participating healthcare provider or any other lawfully pledged security of a participating educational institution or child daycare center or of a participating healthcare provider;
  2. “Borrower” means a student or a parent who has received or agreed to pay an education loan;
  3. “Capital note(s)” means a note or notes of the corporation not exceeding twelve (12) months in duration to maturity issued for the benefit of a healthcare provider or educational institution to purchase capital assets to be used in the operations of the healthcare provider or educational institution;
  4. “Child daycare center” means a child daycare center as defined in § 23-28.1-5 , which is a not-for-profit organization;
  5. “Cooperative hospital service organization” means a corporation created pursuant to chapter 6 of title 7, which meets the requirements of Section 501(e) of the Internal Revenue Code of 1954, 26 U.S.C. § 501(e), and is exempt from federal taxation of income in accordance with Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
  6. “Corporation” means the Rhode Island health and educational building corporation created and established as a nonbusiness corporation, under and pursuant to chapter 6 of title 7, as amended, and constituted and established as a public body corporate and agency of the state under § 45-38.1-4 , or any board, body, commission, department, or officer succeeding to the principal functions of the corporation or to whom the powers conferred upon the corporation by this chapter are given by law;
  7. “Corporation loans” means loans by the corporation to an educational institution or child daycare center for the purpose of funding education loans;
  8. “Cost” as applied to a project or any portion of it, financed under the provisions of this chapter, embraces all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights of way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of the construction, provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project, and other expenses that may be necessary or incident to the construction and acquisition of the project, the financing of the construction and acquisition, and the placing of the project in operation;
  9. “Default insurance” means insurance insuring education loans, corporation loans, or bonds or notes of the corporation against default;
  10. “Default reserve fund” means a fund established pursuant to a resolution of the corporation for the purpose of securing education loans, corporation loans, or bonds or notes of the corporation;
  11. “Education loan” means a loan which is made by or on behalf of an educational institution or child daycare center from the proceeds of a corporation loan, to a student or parents of a student or both, to finance the student’s attendance at the institution;
  12. “Education loan series portfolio” means all education loans made by or on behalf of a specific educational institution or child daycare center which are funded from the proceeds of a corporation loan to the institution out of the proceeds of a related specific bond or note issued through the corporation;
  13. “Educational institution” means:
    1. An educational institution or local education authority participating in the school housing aid program as described in chapter 7 of title 16 situated within this state which, by virtue of law or charter, is a public or other nonprofit educational institution empowered to provide a program of education at the primary, secondary or high school level, beyond the high school level, and which is accredited by a nationally recognized educational accrediting agency or association and awards a bachelor’s or advance degree or provides a program of not less than two (2) years’ duration which is accepted for full credit toward a bachelor’s degree;
    2. Any nonprofit corporation, business corporation, limited liability company or partnership or limited partnership the shareholders or members or partners or limited partners of which are limited to those entities described in paragraph (13)(i) hereof; or
    3. Any nonprofit corporation, business corporation, limited liability company, partnership or limited partnership which is a party to a public-private partnership agreement at least one of the parties of which is described in paragraph 13(i) hereof.
  14. “Healthcare provider” means:
    1. Any nonprofit hospital incorporated under the laws of the state, including any nonprofit subsidiary corporations formed by any hospital or formed by the parent corporation of the hospital;
    2. Any nonprofit corporation, the member or members of which consist solely of one or more hospitals or their parent corporations;
    3. Any other hospital, which is licensed as a general hospital or maternity hospital pursuant to chapter 17 of title 23, which is exempt from taxation;
    4. Any nonprofit group health association;
    5. Any cooperative hospital service organization, or any nonprofit corporation that is licensed as a skilled nursing and/or intermediate care facility pursuant to chapter 17 of title 23, including any nonprofit subsidiary corporation formed by any of the foregoing skilled nursing and/or intermediate care facilities, or any nonprofit corporation eligible to receive funding, pursuant to chapter 8.5 of title 40.1, and/or a corporation created pursuant to chapter 6 of title 7; provided, that it is a real estate holding corporation created for the benefit of a nonprofit corporation eligible to receive funding under chapter 8.5 of title 40.1;
    6. Any nonprofit healthcare corporation whose purpose is to provide home care services or supplies to the citizens of this state including, but not limited to, nonprofit visiting nurse associations and nonprofit home care organizations;
    7. Any other not-for-profit corporation organized pursuant to chapter 6 of title 7 or pursuant to any special act of the general assembly and which is exempt from federal taxation of income in accordance with Section 501(c)(3), 26 U.S.C. § 501(c)(3), of the Internal Revenue Code and which is licensed as:
      1. A healthcare facility pursuant to chapter 17 of title 23;
      2. A “facility” pursuant to chapter 24 of title 40.1;
      3. A “residential care and assisted living facility” pursuant to chapter 17.4 of title 23;
      4. An adult daycare facility; or
      5. A “clinical laboratory” pursuant to chapter 23-16.2 and as a manufacturer of biological products by the United States Department of Health and Human Services Food and Drug Administration that operates in Rhode Island;
    8. Any not-for-profit corporation which is exempt from federal taxation of income in accordance with Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), or any successor section of the Internal Revenue Code, which under contract with the state educates, counsels or rehabilitates young people who have come subject to child welfare, juvenile justice or mental health systems in the state; or
    9. Any network or similar arrangement of those entities listed in subsection (i) through (viii) above;
      1. Any nonprofit corporation, business corporation, limited liability company, partnership or limited partnership, the shareholders or members or partners or limited partners of which are limited to those entities described in paragraph (14)(i) through (ix) hereof; or
      2. Any nonprofit corporation, business corporation, limited liability company, partnership or limited partnership which is a party to a public-private partnership agreement at least one of the parties of which is described in paragraph (14)(i) through (ix) hereof.
  15. “Loan funding deposit” means monies or other property deposited by an educational institution or child daycare center with the corporation, a guarantor, or a trustee for the purpose of:
    1. Providing security for bonds or notes;
    2. Funding a default reserve fund;
    3. Acquiring default insurance;
    4. Defraying costs of the corporation, the monies or properties to be in amounts as deemed necessary by the corporation or a guarantor as a condition for the institution’s participation in the corporation’s programs;
  16. “Nonprofit group health association” means an association or a corporation established by an act of the general assembly, or created pursuant to chapter 6 of title 7, to provide all or any part of a project or property to the citizens of this state;
  17. “Note” means a written promise to pay, including, but not limited to, capital notes and revenue anticipation notes;
  18. “Parent” means any parent, legal guardian, or sponsor of the student at an educational institution or child daycare center;
  19. “Participating hospital” means a hospital which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter;
  20. “Participating educational institution” means an educational institution or child daycare center which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project, or undertakes the refunding or refinancing of obligations or of a mortgage or of advances or undertakes the financing, directly or indirectly, of education loans, all as provided in and permitted by this chapter;
  21. “Project,” in the case of a participating educational institution or child daycare center means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, healthcare facility, and maintenance, storage or utility facility, and other structures or facilities related to the educational institution or child daycare center or required or useful for the instruction of students or the conducting of research or the operation of an educational institution or child daycare center including parking and other facilities or structures essential or convenient for the orderly conduct of the educational institution or child daycare center and also includes equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items which are customarily deemed to result in a current operating charge; and, in the case of a participating healthcare provider, means a structure suitable for use as a hospital, clinic, nursing home, congregate housing for the elderly and/or infirm, mental health service unit, or other healthcare facility, laboratory, laundry, nurses’, interns’, or clients’ residence, administration building, research facility, and maintenance, storage or utility facility, and other structures or facilities related to the healthcare provider or required or useful for the operation of the project, including parking and other facilities or structures essential or convenient for the orderly operation of the project, and also includes equipment and machinery and other similar items necessary or convenient for the operation of the project in the manner for which its use is intended, but does not include such items as fuel, supplies, or other items which are customarily deemed to result in a current operating charge;
  22. “Public-private partnership agreement” means an arrangement or agreement pursuant to which a nonprofit corporation, business corporation, limited liability company, partnership or limited partnership undertakes or develops a project for an educational institution or a healthcare provider including, but not limited to, a lease arrangement, wherein pursuant to such arrangement or agreement at the conclusion of such arrangement or agreement the ownership of the bond-financed or note-financed project is transferred to the educational institution or healthcare provider for no additional consideration.
  23. “Revenue anticipation note(s)” means a note or notes of the corporation not exceeding twelve (12) months in duration to maturity issued for the benefit of a healthcare provider or educational institution in anticipation of revenues reasonably expected to be collected by the healthcare provider or educational institution within twelve (12) months from the date of the note or notes;
  24. “School housing project” means an “approved project,” as defined in § 16-7-36(2) ;
  25. “School housing project financing” means bonds issued through the corporation to fund school housing projects as provided in and permitted by § 16-7-44 ;
  26. “State” means the state of Rhode Island; and
  27. “State reimbursement” shall mean the state’s share of school housing project cost as determined in accordance with §§ 16-7-35 16-7-47 .

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1971, ch. 261, § 1; P.L. 1982, ch. 186, § 1; P.L. 1982, ch. 301, § 2; P.L. 1985, ch. 113, § 1; P.L. 1988, ch. 440, § 1; P.L. 1988, ch. 506, §§ 1, 2; P.L. 1988, ch. 556, § 1; P.L. 1989, ch. 348, § 1; P.L. 1990, ch. 491, § 1; P.L. 1991, ch. 292, § 1; P.L. 1992, ch. 221, § 1; P.L. 1998, ch. 25, § 1; P.L. 1998, ch. 125, § 1; P.L. 2000, ch. 184, § 1; P.L. 2003, ch. 376, art. 9, § 12; P.L. 2004, ch. 595, art. 23, § 1; P.L. 2008, ch. 16, § 1; P.L. 2008, ch. 455, § 1; P.L. 2009, ch. 310, § 63; P.L. 2011, ch. 351, § 1; P.L. 2011, ch. 402, § 1.

Compiler’s Notes.

P.L. 2011, ch. 351, § 1, and P.L. 2011, ch. 402, § 1 enacted identical amendments to this section.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-38.1-4. Corporation established.

  1. There is hereby created a public body corporate and agency of the state to be known as the “Rhode Island health and educational building corporation” as successor to the Rhode Island educational building corporation, previously created as a nonbusiness corporation under and pursuant to chapter 6 of title 7, as amended by chapter 121 of the Public Laws of 1966, and constituted and established as a public body corporate and agency of the state for the exercising of the powers conferred on the corporation under and pursuant to §§ 45-38.1-1 45-38.1-24 .
  2. All of the powers of the corporation are vested in the board of directors of the corporation elected at the first meeting of the incorporators of the Rhode Island educational building corporation, and the members of the board shall continue to serve for the duration of the terms for which they were originally elected. Successors to the members of the board of directors shall be appointed by the governor, as follows: prior to the month of June in each year, commencing in the year 1968, the governor shall appoint a member to serve on the board of directors for a term of five (5) years to succeed the member whose term will expire in June of that year. In the event of a vacancy occurring in the membership of the board of directors, the governor shall appoint a new member of the board of directors for the unexpired term. Any member of the board of directors is eligible for reappointment.
  3. Each member of the board of directors, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
  4. The board of directors shall elect two (2) of its members as chairperson and vice chairperson, and also elect a secretary, assistant secretary, treasurer, and assistant treasurer, who need not be members of the board. Three (3) members of the board of directors of the corporation shall constitute a quorum, and the affirmative vote of the majority of the directors present and entitled to vote at any regular or special meeting at which a quorum is present, is necessary for any action to be taken by the corporation; except, however, that the affirmative vote of three (3) members of the board of directors is necessary for the election of officers of the corporation and to amend the bylaws of the corporation. No vacancy in the membership of the board of directors of the corporation impairs the right of a quorum to exercise all the powers of and perform the duties of the corporation.
  5. Any action taken by the corporation under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each resolution takes effect immediately and need not be published or posted.
  6. The members of the board of directors shall receive compensation at the rate of fifty dollars ($50.00) per meeting attended; however, the compensation shall not exceed one thousand five hundred dollars ($1,500) per fiscal year per member.
  7. Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of an institution for higher education or a healthcare provider to serve as a member of the board of directors of the corporation; provided, that the trustee, director, officer, or employee abstains from deliberation, action and vote by the board under this chapter in specific respect to the institution for higher education or the healthcare provider of which the member is a trustee, director, officer, or employee.
  8. The board and corporation shall comply with provisions of chapter 155 of title 42, the quasi-public corporations accountability and transparency act.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1981, ch. 398, § 1; P.L. 1988, ch. 627, § 1; P.L. 1989, ch. 102, § 1; P.L. 1991, ch. 292, § 1; P.L. 2015, ch. 141, art. 9, § 3.

45-38.1-5. General grant of powers.

The corporation has the following powers, together with all powers incidental or necessary for the performance of the following:

  1. To have perpetual succession as a public body corporate and agency of the state and to adopt bylaws for the regulation of its affairs and the conduct of its business;
  2. To adopt an official seal and alter the seal at pleasure;
  3. To maintain an office at a place or places that it may designate;
  4. To sue and be sued, plead and be impleaded;
  5. To determine the location and character of any project to be financed under the provisions of this chapter, and to construct, reconstruct, renovate, replace, maintain, repair, operate, lease, as lessee or lessor, and regulate the project to pay its costs, to enter into contracts for any or all of those purposes, to enter into contracts for the management and operation of a project, and to designate a participating educational institution or child day care center, or a participating health care provider as its agent to determine the location and character of a project undertaken by the participating educational institution or child day care center, or by a participating health care provider under the provisions of this chapter, and as the agent of the corporation, to acquire, construct, reconstruct, renovate, replace, maintain, repair, operate, lease, as lessee or lessor, and regulate the project, and, as the agent of the corporation, to enter into contracts for any or all of those purposes, including contracts for the management and operation of the project;
  6. To issue bonds, notes, bond anticipation notes, revenue anticipation notes, capital notes, and other obligations of the corporation including, but not limited to, interest rate exchange agreements and contracts to hedge interest rates, for any of its corporate purposes, and to fund or refund the bonds, all as provided in this chapter;
  7. Generally, to fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and for the services furnished or to be furnished by a project or any portion of it, and to contract with any person, partnership, association, or corporation or other body public or private in respect to the project;
  8. To establish rules and regulations for the use of a project or any portion of it and to designate a participating educational institution or child day care center, or a participating health care provider as its agent to establish rules and regulations for the use of a project undertaken by the participating educational institution or child day care center or by the participating health care provider;
  9. Employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and other employees and agents as may be necessary in its judgment, and to fix their compensation;
  10. To receive and accept from any public agency, loans or grants for or in aid of the construction of a project or any portion of it, and to receive and accept loans, grants, aid, or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which those loans, grants, aid, and contributions are made;
  11. To mortgage any project, and the site of the project, for the benefit of the holders of bonds issued to finance the project;
  12. To make loans to any participating educational institution or child day care center and to any participating health care provider for the cost of a project in accordance with an agreement, and any other security instrument required by the corporation between the corporation and the participating educational institution or child day care center or the participating health care provider; provided, that no loan exceeds the total cost of the projects as determined by the participating educational institution or child day care center or the participating hospital, and approved by the corporation;
  13. To make loans to a participating educational institution or child day care center or to a participating health care provider to refund outstanding obligations, mortgages, or advances issued, made or given by the participating educational institution or child day care center or the participating health care provider for the cost of a project;
  14. To charge to and equitably apportion, among participating educational institution or child day care center and participating health care provider, its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter;
  15. To accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government, or from the state or any agency or instrumentality of the state, or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants, or loans;
  16. To do all things necessary or convenient to carry out the purposes of this chapter. In carrying out the purposes of this chapter, the corporation may undertake a project for two (2) or more participating health care providers jointly, or for any combination of providers, and, thereupon, all other provisions of this chapter shall apply to and for the benefit of the corporation and those joint participants;
  17. To enter into contracts for the purpose of guaranteeing or insuring loans to any participating educational institution or child day care center or to any participating health care provider to carry out the purposes of the corporation, and to pledge, encumber, or advance funds of the corporation in connection with the loans; and
  18. To make and effectuate gifts or grants of corporation funds for or in aid of the construction of or development of any project or any portion of a project or in furtherance of the policies, purposes, and powers of the corporation set forth in this chapter, and to retain or appoint any agents or consultants deemed necessary or desirable by the corporation to effectuate, make, and administer the gifts or grants.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1989, ch. 480, § 11; P.L. 1991, ch. 292, § 1; P.L. 1992, ch. 221, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-5.1. Powers relative to education loan financing programs.

  1. The corporation has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter:
    1. To determine criteria and guidelines encompassing the type of, and qualifications for, education loan financing programs and issuance of bonds or notes by the corporation, including eligibility standards for borrowers that the corporation determines are necessary or desirable in order to effectuate the purposes of this chapter;
    2. To establish specific criteria governing the eligibility of institutions for higher education to participate in its programs and for the making of corporation loans and education loans, the issuance of bonds or notes by the corporation, provisions for default, the establishment of default reserve funds, the purchase of default insurance, the provision by the institutions of prudent debt service reserves, and the furnishing, by participating institutions for higher education and others, of additional guarantees of the education loans, corporation loans, or bonds as the corporation determines;
    3. To establish rules and regulations with respect to corporation loans, education loans, and education loan series portfolios;
    4. To receive and accept from any source, loans, contributions, or grants for or in aid of a corporation education loan financing program, or any portion of it, and, when desirable, to use the funds, property, or labor only for the purposes for which it was loaned, contributed, or granted;
    5. To contract with guarantors, financial institutions, or other qualified loan origination and servicing organizations, which shall assist in prequalifying borrowers for education loans and service and administer each education loan. The corporation may require that each borrower be charged a fee to defray the costs of origination, servicing, and administration of education loans. The amount and method of collection of the fee shall be determined by the corporation. Participating institutions for higher education may perform these acts if authorized by the corporation;
    6. To contract with a guarantor to provide security for the payment of education loans through the issuance of insurance against default, or to provide a guarantee of payment covering all or a portion of each education loan made by or on behalf of the corporation or by or on behalf of an institution for higher education from the proceeds of a corporation loan;
    7. To make corporation loans to participating institutions for higher education and require that the proceeds be used for making education loans and paying costs and fees in connection with the loans;
    8. To charge and equitably apportion, among participating institutions for higher education, its administrative costs and expenses incurred in the exercise of the powers and duties granted by this section;
    9. Notwithstanding any other provisions in this chapter, to commingle and pledge as security for a series or issue of bonds, only with the consent of all of the institutions for higher education which are participating in the series or issue:
      1. The education loan series portfolios and some or all future education loan series portfolios of the institutions for higher education; and
      2. The loan funding deposits of the institutions; provided, that education loan series portfolios and other security and monies set aside in any fund or funds pledged for any series of bonds or issue of bonds are held for the sole benefit of the series or issues, separate and apart from education loan series portfolios and other security and monies pledged for any other series or issue of bonds of the corporation. Bonds may be issued in series under one or more resolutions or trust agreements in the discretion of the corporation;
    10. To examine records and financial reports of participating institutions for higher education, and to examine records and financial reports of any person, organization, or institution retained under subsections (a)(5) or (a)(6);
    11. To do all things necessary or convenient to carry out the purposes of this chapter.
  2. In carrying out the purposes of this chapter, the corporation may issue bonds, the proceeds of which are loaned to two (2) or more participating institutions for higher education or for any combination of participating institutions for higher education and, thereupon, all other provisions of this chapter apply to and for the benefit of the corporation and the participants in the joint program or programs. Any joint participation requires the express approval of all participants.
  3. The corporation shall require that corporation loans be used solely for the purpose of education loans and in an amount not to exceed the total cost of attendance, as defined by the corporation, less other forms of student assistance that the corporation may determine. The corporation shall require that institutions for higher education insist that each borrower under an education loan use the proceeds solely for educational purposes and purposes reasonably related to education, and that each borrower shall so certify.
  4. Whenever refunding bonds are issued to refund bonds, the proceeds of which were used to make corporation loans, the corporation may reduce or increase the amount it is owed by the institution for higher education which had received corporation loans from the proceeds of the refunded bonds. The institutions for higher education may reduce or increase the amount of interest being paid on education loans which the institution has made pursuant to the corporation loans from the proceeds of the refunded bonds.

History of Section. P.L. 1982, ch. 301, § 3; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-5.2. Acquisition of certain monies, endowments, properties, and guarantees.

The corporation is authorized and empowered to establish specific guidelines relating to the deposits of certain monies, endowments, or properties by institutions for higher education which would provide security for education loan funding programs, corporation loans, education loans, or for bonds or notes, and to establish guidelines relating to guarantees of or contracts to purchase education loans or bonds by the institutions or by financial institutions or others. A default reserve fund may be established for each series or issue of bonds. In this regard, the corporation is empowered to receive monies, endowments, properties, and guarantees as it deems appropriate and, if necessary, to take title in the name of the corporation or in the name of a participating institution for higher education or a trustee.

History of Section. P.L. 1982, ch. 301, § 3; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-5.3. Conveyance of loan funding deposit after payment of bonds.

When the principal of, interest on, and premium, if any, due in connection with bonds or notes of the corporation issued to finance the cost of an education loan financing program or programs, including any refunding bonds or notes issued to refund and refinance those bonds or notes have been fully paid and retired, or when adequate provision has been made to fully pay and retire the bonds or notes, and all other conditions of the bond or note resolution authorizing the bonds or notes, have been satisfied and the security interest or lien created by the bond or note resolution has been released in accordance with the provisions of the resolution, the corporation shall promptly do those things and execute deeds and conveyances that are necessary and required to convey any remaining monies, properties, and other assets, comprising loan funding deposits, to the participating institutions for higher education which furnished the monies, properties, and other assets in proportion to the amounts furnished by the respective participating institutions for higher education.

History of Section. P.L. 1982, ch. 301, § 3; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-6. Acquisition of property.

The corporation is authorized and empowered, directly, or by and through a participating institution for higher education or a participating health care provider, as its agent, to acquire by purchase or by gift or devise any lands, structures, property, real or personal, rights, rights of way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within or without the state as it may deem necessary or convenient for the construction or operation of a project, upon terms and at prices that may be considered by it to be reasonable and can be agreed upon between it and the owner of the property, and to take title to the property in the name of the corporation or in the name of a participating institution for higher education or a participating health care provider as its agent.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1991, ch. 292, § 1.

45-38.1-7. Title to project.

When the principal of and interest on bonds of the corporation issued to finance the cost of a particular project or projects for a participating institution for higher education or for a participating health care provider, including any refunding bonds or notes issued to refund and refinance the bonds or notes, have been fully paid and retired, or when adequate provision has been made to fully pay and retire the bonds or notes, and all other conditions of the resolution or trust agreement authorizing and securing the bonds or notes have been satisfied and the lien of the resolution or trust agreement has been released in accordance with its provisions, the corporation shall promptly do things and execute deeds and conveyances that are necessary and required to convey title to the project or projects to the participating institution for higher education or the participating health care provider, free and clear of all liens and encumbrances, all to the extent that title to the project or projects shall not, at the time, then be vested in the participating institution for higher education or the participating health care provider.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-8. Notes of the corporation.

The corporation has the power and is hereby authorized, from time to time, to issue its negotiable notes, revenues anticipation notes, and capital notes for any corporate purpose or project and renew, from time to time, any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The corporation may issue notes partly to renew notes or to discharge other obligations then outstanding, and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the corporation, or any issue of notes, may contain any provisions which the corporation is authorized to include in any resolution or resolutions authorizing revenue bonds of the corporation or any issue thereof, and the corporation may include, in any notes, any terms, covenants, or conditions which it is authorized to include in any bonds. All the notes are payable solely from the revenues of the corporation, subject only to any contractual rights of the holders of any of its notes or other outstanding obligations.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-9. Bonds of the corporation.

  1. The corporation is authorized from time to time to issue its negotiable bonds for any corporate purpose or project. In anticipation of the sale of the bonds the corporation may issue negotiable bond anticipation notes and may renew those notes from time to time, but maximum maturity of the notes, including renewals of those notes, shall not exceed forty (40) years from the date of issue of the original notes. The notes shall be paid from any revenues of the corporation or other moneys available for payment and not otherwise pledged, or from the proceeds of the sale of the bonds of the corporation in anticipation of which they were issued. The notes shall be issued in the same manner as the bonds. The notes and the resolution, or resolutions authorizing the notes, may contain any provisions, conditions, or limitations which a bond resolution of the corporation may contain.
  2. The bonds, notes, or other obligations are payable from any revenues or moneys of the corporation available for payment and not otherwise pledged, subject only to any agreements with the holders of particular bonds, notes, or other obligations pledging any particular revenues or moneys, and subject to any agreements with any participating institution for higher education or any participating hospital, notwithstanding that the bonds, notes, or other obligations may be payable from a special fund, they shall be and be deemed to be for all purposes negotiable instruments, subject only to the provisions of the bonds, notes, or other obligations for registration.
  3. The bonds may be issued as serial bonds or as term bonds, or the corporation, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the corporation and bear a date or dates, mature at a time or times, not exceeding sixty-five (65) years from their respective dates, bear interest at rate or rates, be payable at a time or times, be in denominations, be in a form, either coupon or registered, carry registration privileges, be executed in a manner, be payable in lawful money of the United States of America at a place or places, and be subject to terms of redemption, that the resolution or resolutions may provide. In the event term bonds are issued, the resolution authorizing the term bonds may make provisions for the establishment and management of adequate sinking reserve funds for their payment as the corporation may deem necessary. The bonds or notes may be sold at public or private sale for a price or prices as the corporation determines. Pending preparation of the definitive bonds, the corporation may issue interim receipts or certificates which shall be exchanged for the definitive bonds.
  4. Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which are a part of the contract with the holders of the bonds to be authorized, as to:
    1. Pledging the full faith and credit of a participating institution for higher education or of a participating health care provider, all or any part of the revenues of a project of any revenue producing contract or contracts made by the corporation with any individual, partnership, corporation, or association or other body, public or private, or pledging all or any part of the revenues derived from corporation loans, education loans, payments by participating institutions for higher education, banks, guarantors, insurers, or others pursuant to letters of credit or purchase agreements, investment earnings, insurance proceeds, loan funding deposits, proceeds from the sale of education loans, proceeds of refunding bonds and fees, charges, and other revenues of the corporation, to secure the payment of the bonds or of any particular issue of bonds, subject to agreements with bondholders as may then exist;
    2. The rentals, revenues, fees and other charges to be charged, and the amounts to be raised in each year, and the use and disposition of the revenues;
    3. The setting aside of reserves or sinking funds, loan funding deposits, and their regulation and disposition;
    4. Limitations on the right of the corporation or its agent to restrict and regulate the use of the project or of education loans;
    5. Limitations on the purpose to which the proceeds of the sale of any issue, of bonds then or thereafter to be issued, may be applied and pledging the proceeds to secure the payment of the bonds or any issue of the bonds;
    6. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds;
    7. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given;
    8. Limitations on the amount of moneys derived from the project or education loan program to be expended for operating, administrative, or other expenses of the corporation;
    9. Defining the acts or omissions to act which constitute a default in the duties of the corporation to holders of its obligations, and providing the rights and remedies of those holders in the event of a default;
    10. The mortgaging of a project and its site for the purpose of securing the bondholders;
    11. Any other additional covenants, agreements, and provisions that are deemed desirable or necessary by the corporation for the security of the holders of the bonds; and
    12. Providing for guarantees, pledges of endowment, letters of credit, property, or other security for the benefit of the holders of the bonds.
  5. Neither the members of the corporation nor any person executing the bonds or notes are personally liable on the bonds or notes, or are subject to any personal liability or accountability by reason of the issuance of the bonds or notes.
  6. The corporation has power out of any available funds, to purchase its bonds or notes. The corporation may hold, pledge, cancel, or resell the bonds, subject to and in accordance with agreements with bondholders.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1982, ch. 301, § 4; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-10. Trust agreement.

In the discretion of the corporation, any revenue bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the corporation and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of the revenue bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged, and may convey or mortgage the project or any portion of it. The trust agreement or resolution providing for the issuance of the revenue bonds may contain any provisions for protecting and enforcing the rights and remedies of the bondholders that may be reasonable and proper and not in violation of law, including, particularly, provisions as have been specifically authorized by this chapter to be included in any resolution or resolutions of the corporation authorizing revenue bonds. It is lawful for any bank or trust company incorporated under the laws of the state which may act as depositary of the proceeds of bonds or of revenues or other moneys to furnish indemnifying bonds or to pledge securities as may be required by the corporation. The trust agreement may establish the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the preceding, any trust agreement or resolution may contain any other provisions that the corporation may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the cost of the operation of a project or of the education loan program.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1982, ch. 301, § 5.

45-38.1-11. Revenues.

  1. The corporation is authorized to fix, revise, charge, and collect rates, rents, fees, and charges for the use of and for the services furnished by each project, and to contract with any person, partnership, association, or corporation, or other body, public or private, in this respect. The rates, rents, fees, and charges shall be fixed and adjusted in respect of the aggregate of rates, rents, fees, and charges from the project so as to provide funds sufficient with other revenues, if any: (1) To pay the cost of maintaining, repairing, and operating the project and each and every portion of it, to the extent that the corporation has not adequately provided for the payment of the cost; (2) to pay the principal of and the interest on outstanding revenue bonds of the corporation issued in respect of the project as the bonds become due and payable; and (3) to create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, the revenue bonds of the corporation. The rates, rents, fees, and charges are not subject to supervision or regulation by any department, commission, board, body, bureau, or agency of the state other than the corporation. A sufficient amount of the revenues as may be necessary to pay the cost of maintenance, repair, and operation and to provide reserves and for renewals, replacements, extensions, enlargements, and improvements as may be provided for in the resolution authorizing the issuance of any revenue bonds of the corporation or in the trust agreement securing the revenue bond, shall be set aside at regular intervals as may be provided for in the resolution or trust agreement in a sinking or other similar fund which is pledged to, and charged with, the payment of the principal of and the interest on the revenue bonds as the revenue bonds become due, and the redemption price or the purchase price of bonds retired by call or purchase as provided in the resolution or trust agreement. The pledge is valid and binding from the time when the pledge is made; the rates, rents, fees, and charges and other revenue or other moneys pledged and thereafter received by the corporation immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. Neither the resolution nor any trust agreement, nor any other agreement, nor any lease by which a pledge is created, need be filed or recorded except in the records of the corporation. The use and disposition of moneys to the credit of a sinking or other similar fund are subject to the provisions of the resolution authorizing the issuance of the bonds or of the trust agreement. Except as may otherwise be provided in the resolution or the trust agreement, the sinking or other similar fund may be a fund for all the bonds issued to finance projects, as a particular institution for higher education or a particular health care provider, without distinction or priority of one over another; provided, that the corporation in the resolution or trust agreement may provide that the sinking or other similar fund is the fund for a particular project at an institution for higher education or a health care provider and for the bonds issued to finance a particular project, and may, additionally, permit and provide for the issuance of bonds having a subordinate lien in respect of the security authorized in this chapter to other bonds of the corporation and, in that case, the corporation may create separate sinking or other similar funds in respect of the subordinate lien bonds.
  2. In connection with any education loan program, the corporation shall fix, revise, charge, and collect fees, and is empowered to contract with any person, partnership, association, or corporation, or other body, public or private, in this respect. Each agreement entered into by the corporation with a participating institution or institutions for higher education shall provide that the fees and other amounts payable by the institution or institutions with respect to any program or programs of the corporation are sufficient: (1) to pay its or their share of the administrative costs and expenses of the program; (2) to pay the principal of, the premium, if any, and the interest on outstanding bonds or notes of the corporation issued in respect of the program to the extent that other revenues of the corporation pledged for the payment of the bonds or notes are insufficient to pay the bonds or notes as they become due and payable; (3) to create and maintain reserves which may, but need not be, required or provided for in the bond resolution relating to the bonds or notes of the corporation; and (4) to establish and maintain whatever education loan servicing, control, or audit procedures are deemed necessary to the operations of the corporation. The corporation shall pledge the revenues from each program, as described in § 45-38.1-9(d)(1) , as security for the issue of bonds or notes relating to the program. The pledge is valid and binding from the time when the pledge is made; the revenues so pledged by the corporation shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the corporation or any participating institution for higher education, whether the parties have notice. Neither the bond resolution nor any financing statement, continuation statement, or other instrument by which a pledge or security interest is created or by which the corporation’s interest in revenues is assigned need be filed in any public records in order to perfect the security interest or lien against third parties, except in the records of the corporation. The use and disposition of monies to the credit of a sinking or other similar fund are subject to the provisions of the resolution authorizing the issuance of the bonds or notes or of the trust agreement. Except as provided in the resolution, or the trust agreement, the sinking or other similar fund shall be a fund for all revenue bonds or notes issued to finance an educational program or programs at one or more participating institutions for higher education, without distinction or priority of one over another; provided, that the corporation in the resolution or trust agreement may provide that the sinking or other similar fund is the fund for a particular educational program or programs at a participating institution or institutions for higher education and for the revenue bonds or notes issued to finance a particular educational program or programs, and may, additionally, permit and provide for the issuance of revenue bonds or notes having a subordinate lien in respect of the security authorized in this chapter, to other revenue bonds or notes of the corporation and, in that case, the corporation may create separate or other similar funds in respect of the subordinate lien bonds or notes.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1982, ch. 301, § 6; P.L. 1991, ch. 292, § 1.

45-38.1-12. Trust funds.

All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, are deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, the moneys are deposited, shall act as trustee of the moneys and shall hold and apply the moneys for the purposes of this chapter, subject to regulations as this chapter and the resolution authorizing the bonds of any issue or the trust agreement securing the bonds may provide.

History of Section. P.L. 1967, ch. 56, § 1.

45-38.1-13. Remedies.

Any holder of revenue bonds or notes issued under the provisions of this chapter or of any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights given under this chapter may be restricted by any resolution authorizing the issuance of, or any trust agreement securing the bonds or notes, may, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this chapter or under the resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by the resolution or trust agreement to be performed by the corporation or by any officer, employee, or agent of the corporation, including the fixing, charging, and collecting of the rates, rents, fees, and charges authorized under this chapter and required by the provisions of the resolution or trust agreement to be fixed, established, and collected.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-14. Exemption from taxation.

The exercise of the powers granted by this chapter are in all respects for the benefit of the people of the state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and constitutes the performance of an essential governmental function, and neither the corporation nor its agent nor the lessee shall or may be required to pay any taxes or assessments upon or in respect of a project or any property acquired or used by the corporation or its agent or the lessee under the provisions of this chapter, or upon the income therefrom, and any bonds issued under the provisions of this chapter, their transfer, and the income from the bonds, including any profit made on the sale of the bonds, shall at all times be free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state.

History of Section. P.L. 1967, ch. 56, § 1.

45-38.1-15. Revenue refunding bonds.

  1. The corporation is authorized to provide for the issuance of its revenue bonds for the purpose of refunding any revenue bonds of the corporation then outstanding and any bonds or other obligations issued by or for the benefit of a participating educational institution for any school housing project, including the payment of any redemption premium on them and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the revenue bonds, and, if deemed advisable by the corporation, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project, or any portion of it, or for making additional corporation loans.
  2. The proceeds of revenue bonds issued for the purpose of refunding outstanding revenue bonds may, in the discretion of the corporation, be applied to the purchase or retirement at maturity or redemption of the outstanding revenue bonds, either on their earliest or any subsequent redemption date, and may, pending the application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on a date that may be determined by the corporation.
  3. Any escrowed proceeds, pending use, may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by obligations of or guaranteed by the United States of America, maturing at a time or times appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding revenue bonds being refunded. The interest, income, and profits, if any, earned or realized on the investment may also be applied to the payment of the outstanding revenue bonds being refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments, may be returned to the corporation for use by it in any lawful manner.
  4. The portion of the proceeds of revenue bonds issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by obligations of or guaranteed by the United States of America, maturing not later than the time or times when the proceeds will be needed for the purpose of paying all or any part of the cost. The interest, income, and profits, if any, earned or realized on the investment, may be applied to the payment of all or any part of the cost or may be used by the corporation in any lawful manner.
  5. All revenue bonds shall be issued and secured and shall be subject to the provisions of this chapter in the same manner and in the same extent as any other revenue bonds issued pursuant to this chapter.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1982, ch. 301, § 7; P.L. 2007, ch. 370, § 2.

45-38.1-16. Bonds eligible for investment.

Bonds or notes issued by the corporation under the provisions of this chapter are made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit sharing, and retirement funds, may properly and legally invest funds, including capital in their control or belonging to them. The bonds or notes are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-17. Annual report and audit.

Within four (4) months after the close of each fiscal year of the corporation, it shall make a report to the governor, the speaker of the house, the president of the senate and the secretary of state of its activities for the preceding fiscal year, and the report shall present a complete operating and financial statement covering the corporation’s operations during the preceding fiscal year. In addition the report shall provide a summary of the applications received and approved loans or aid provided to the communities and a summary of the status of loans and status of the school building authority capital fund. The corporation shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost of the audit shall be paid by the corporation from funds available to it pursuant to this chapter. The report shall be posted as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 2015, ch. 141, art. 9, § 3.

45-38.1-18. Source of payment of expenses.

All expenses incurred in carrying out the provisions of this chapter are payable solely from funds provided under the authority of this chapter, and no liability or obligation shall be incurred by the corporation under this chapter beyond the extent to which moneys have been provided under the provisions of this chapter.

History of Section. P.L. 1967, ch. 56, § 1.

45-38.1-19. State not liable.

  1. Except with regard to state reimbursement related to school housing project financing, the state is not liable for the payment of the principal of or interest on any bonds or notes of the corporation, or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds or notes of the corporation nor any of its agreements or obligations, except for state reimbursement related to school housing project financing, are construed to constitute an indebtedness of the state within the meaning of any constitutional or statutory provision whatsoever, nor shall the issuance of bonds or notes, under the provisions of this chapter, directly or indirectly or contingently obligate the state or any municipality or political subdivision of the state to levy or to pledge any form of taxation for them or to make any appropriation for their payment, except for state reimbursement for school housing projects. All of the revenue bonds or notes shall contain on the face a statement to the effect that neither the state nor the corporation are obligated to pay the revenue bonds or notes, or their interest except from revenues of the project or projects for which they are issued, and that neither the faith and credit nor the taxing power of the state or of any municipality or political subdivision of the state is pledged to the payment of the principal of or the interest on those bonds or notes; provided, however, that in connection with any state housing project financing, the statement on the face of the bonds shall also include an exception for state reimbursement.
  2. Nothing contained in this section shall prevent nor be construed to prevent the corporation from pledging its full faith and credit or the full faith and credit of a participating institution for higher education or health care provider to the payment of bonds or notes, or issue of bonds or notes authorized pursuant to this chapter.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1; P.L. 2004, ch. 595, art. 23, § 1.

45-38.1-20. Procedure before issuance of bonds or notes.

Notwithstanding any other provisions of this chapter, the corporation is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds or notes under this chapter, it has determined that:

  1. The acquisition, construction, or financing of the cost of the project will:
    1. With respect to an institution for higher education, enable or assist the institution to fulfill its obligations in providing education to the youth of this state; or
    2. With respect to a health care provider, enable the health care provider to improve the health of the people it serves by means of expanded health care, health care provider, and other related services; and
  2. The project is leased to, or owned by, a financially responsible institution for higher education or health care provider within the state; and
  3. Adequate provision has been, or will be, made for the payment of the cost of the construction and/or acquisition of the project, and, except with regard to those bonds issued through the corporation related to school housing project financing, that under no circumstances will the state be obligated, directly or indirectly, for the payment of the cost of the construction and/or acquisition of the project, or for the payment of the principal of, or interest on, any obligations issued to finance the construction and/or acquisition; and
  4. Adequate provision has been, or will be made in any agreement with respect to or lease of the project for payment of all costs of operation, maintenance, and upkeep of the project by the lessee, sublessee, or occupant so that under no circumstances is the state obligated, directly or indirectly, for the payment of the costs except with regard to state reimbursement for school housing projects; provided, that no findings shall be made and no financing effected under this chapter, with respect to health care providers, unless the proposed health care providers have first been approved by any state agency empowered to approve the construction of any health care providers in the manner provided in its general laws.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch 224, § 2; P.L. 1991, ch. 292, § 1; P.L. 2000, ch. 184, § 1; P.L. 2004, ch. 595, art. 23, § 1.

45-38.1-21. Agreement of the state.

The state pledges to and agrees with the holders of any bonds or notes issued under this chapter, and with those parties who may enter into contracts with the corporation pursuant to the provisions of this chapter, that the state will not limit or alter the rights vested in the corporation until any obligations under contracts, together with the interest, are fully met and discharged and the contracts are fully performed on the part of the corporation, provided, that nothing contained in this chapter precludes the limitation or alteration if and when adequate provision is be made by law for the protection of the holders of the bonds of the corporation or those entering into the contracts with the corporation. The corporation is authorized to include this pledge and undertaking for the state in the bonds, notes, or contracts.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 2000, ch. 184, § 1.

45-38.1-22. Chapter cumulative — No notice required.

Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which the Rhode Island health and educational building corporation might otherwise have under any laws of this state, but shall be construed as cumulative of those powers. The preceding sections of this chapter are deemed to provide a complete, additional, and alternative method for the doing of the things authorized by this chapter, and shall be regarded as supplemental and additional to powers conferred by other laws; provided, that the issuance of revenue bonds and revenue refunding bonds under the provision of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds, including particularly title 6A, and contracts for the construction and acquisition of any project undertaken pursuant to this chapter need not comply with the provisions of title 37. To the extent that the provisions of this chapter are inconsistent with the provisions of the general laws, this chapter shall be deemed controlling. No proceedings, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as is provided in this chapter.

History of Section. P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2.

45-38.1-23. Chapter liberally construed.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.

History of Section. P.L. 1967, ch. 56, § 1.

45-38.1-24. Severability.

If any section, clause, provision, or portion of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding shall not affect any other section, clause, or provision of this chapter which is not in and of itself unconstitutional.

History of Section. P.L. 1967, ch. 56, § 1.

45-38.1-25. Institution for higher education powers.

Notwithstanding any other provision of law, any participating institution for higher education has the power to borrow money from the corporation, make education loans, and take all other actions and do those things that are necessary or convenient to consummate the transactions contemplated under this chapter. It is lawful for the corporation to establish, charge, contract for, and receive any amount or rate of interest or compensation with respect to corporation loans or education loans, and it shall also be lawful, notwithstanding any other provision of law, to make corporation loans or education loans at a rate of interest which may, during the life of the loans, be varied or revised upon terms or conditions that may be established by the corporation. It is also lawful for any institution of higher education to charge, contract for, and receive any amount or rate of interest or compensation, including amounts or rates of interest which may be varied or revised upon those terms or conditions that may be established by the institution, with respect to education loans.

History of Section. P.L. 1982, ch. 301, § 8; P.L. 1991, ch. 292, § 1.

45-38.1-26. Transfer of fund balances.

The corporation, by a vote of its board of directors, may at any time, upon receipt of a written request to do so by the governor, transfer to the state, either to the general fund account or any restricted receipt account established by the general assembly specified in any request, any monies constituting unencumbered fund balances of the corporation which the board of directors determines to be surplus to the needs of the corporation. Any determination made by the board shall be deemed final and conclusive and not subject to review directly or indirectly.

History of Section. P.L. 1989, ch. 480, § 12.

45-38.1-27. Development of Narragansett Brewery site.

  1. Notwithstanding any provision of this chapter or any general law or special law to the contrary, it is a corporate purpose of the corporation to finance the development of the site of the former Narragansett Brewery in the city of Cranston as a multi-purpose facility to be used as a center for economic development, biotechnology research, education, health care, governmental, and other similar uses. For purposes of this section the definition of the word “project” as provided in § 45-38.1-3(18) includes structures and facilities suitable for use by institutions for higher education, health care facilities, governmental entities, and private non-profit users, including, but not limited to, uses as administration buildings, offices, libraries, laboratories, research facilities, classrooms, athletic facilities, maintenance, storage or utility facilities, and other structures or facilities related to the project or required or useful for the operation of the project, including parking and other facilities or structure essential or convenient for the orderly operation of the project, and also includes equipment and machinery and other similar items necessary or convenient for the operation of the project and the manner for which its use is intended.
  2. For purposes of this section and for purposes of the development of the project, wherever the terms “participating institution for higher education”, “participating hospital”, or “participating health care provider” appear in this chapter, those terms mean and include the board of governors for higher education of the state or any one or more public bodies, natural persons, firms, associations, corporations and business trusts designated by the board of governors. Bonds issued for the project are not subject to the requirements of § 45-38.1-20 and shall not exceed twenty-five million dollars ($25,000,000). Repayment of the bonds is limited to revenue and income generated by the project.

History of Section. P.L. 1994, ch. 294, § 1.

Chapter 38.2 School Building Authority Capital Fund

45-38.2-1. Definitions.

As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings:

  1. “Application” means a project proposed by a city, town, or LEA that would make capital improvements to public school facilities consistent with project evaluation criteria and chapter 41.1 of title 16-7;
  2. “Approved project” means any project approved for financial assistance by the Council on Elementary and Secondary Education;
  3. “Corporation” means the Rhode Island health and educational building corporation as set forth in chapter 38.1 of title 42;
  4. “Department” means the department of elementary and secondary education as established under title 16;
  5. “Eligible project” means an application, or a portion of an application, that meets the project evaluation criteria and approved by the council on elementary and secondary education;
  6. “Financial assistance” means any form of financial assistance provided by the corporation to a city, town, or LEA in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, loans, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;
  7. “Fund” means the school building authority capital fund;
  8. “LEA” means a local education agency, a public board of education, school committee or other public authority legally constituted within the state for administrative control or direction of one or more Rhode Island public elementary or secondary schools;
  9. “Market rate” means the rate the city, town, or LEA would receive on the open market at the time of the original loan agreement as determined by the corporation in accordance with its rules and regulations;
  10. “Project evaluation criteria” means the criteria used by the school building authority to evaluate applications and rank eligible projects;
  11. “Project priority list” means the list of eligible projects approved by the council on elementary and secondary education ranked in the order in which financial assistance shall be awarded by the corporation; and
  12. “Subsidy assistance” means the credit enhancements and other measures to reduce the borrowing costs for a city, town, or LEA.

History of Section. P.L. 2015, ch. 141, art. 9, § 4.

45-38.2-2. School building authority capital fund.

  1. There is hereby established a school building authority capital fund. The corporation shall establish and set up on its books the fund, to be held in trust and to be administered by the corporation as provided in this chapter. This fund shall be in addition to the annual appropriation for committed expenses related to the repayment of housing aid commitments. The corporation shall deposit the following monies into the fund:
    1. The difference between the annual housing aid appropriation and housing aid commitment amounts appropriated or designated to the corporation by the state for the purposes of the foundation program for school housing; provided that for FY 2019 and FY 2020 that amount shall be used for technical assistance to districts pursuant to § 16-105-3(7) ;
    2. Loan repayments, bond refinance interest savings, and other payments received by the corporation pursuant to loan or financing agreements with cities, towns, or local education agencies executed in accordance with this chapter;
    3. Investment earnings on amounts credited to the fund;
    4. Proceeds of bonds of the corporation issued in connection with this chapter to the extent required by any trust agreement for such bonds;
    5. Administrative fees levied by the corporation, with respect to financial assistance rendered under this chapter and specified in § 45-38.2-3(a)(4) , less operating expenses;
    6. Other amounts required by provisions of this chapter or agreement, or any other law or any trust agreement pertaining to bonds to be credited to the fund; and
    7. Any other funds permitted by law which the corporation in its discretion shall determine to credit thereto.
  2. The corporation shall establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts in and disbursements from the school building authority capital fund.
  3. The school building authority shall establish and maintain internal controls to ensure that local education agencies are providing adequate asset protection plans, all local education agencies have equal access and opportunity to address facility improvements on a priority basis, and to ensure that funding from the school building authority capital fund has the greatest impact on facility gaps in state priority areas. The school building authority will also manage necessity of school construction approvals in accordance with the funding levels set forth by the general assembly.

History of Section. P.L. 2015, ch. 141, art. 9, § 4; P.L. 2018, ch. 47, art. 9, § 4.

45-38.2-3. Administration.

  1. The corporation shall have all the powers necessary or incidental to carry out and effectuate the purposes and provisions of this chapter including:
    1. To receive and disburse such funds from the state as may be available for the purpose of the fund subject to the provisions of this chapter;
    2. To make and enter into binding commitments to provide financial assistance to cities, towns, and local education agencies from amounts on deposit in the fund;
    3. To enter into binding commitments to provide subsidy assistance for loans and city, town, and local education agency obligations from amounts on deposit in the fund;
    4. To levy administrative fees on cities, towns, and local education agencies as necessary to effectuate the provisions of this chapter; provided that the total amount of all such fees does not exceed one tenth of one percent (0.001) of the original principal amount;
    5. To engage the services of third-party vendors to provide professional services;
    6. To establish one or more accounts within the fund; and
    7. Such other authority as granted to the corporation under chapter 38.1 of this title.
  2. Subject to the provisions of this chapter, and to any agreements with the holders of any bonds of the corporation or any trustee therefor, amounts held by the corporation for the account of the fund shall be applied by the corporation, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the corporation or a trustee under a trust agreement or trust indenture entered into by the corporation with respect to bonds or notes issued by the corporation under this chapter or by a holder of bonds or notes issued by the corporation under this chapter, either alone or with other funds of the corporation, to the following purposes:
    1. To provide financial assistance to cities, towns, and local education agencies to finance costs of approved projects, and to refinance the costs of the projects, subject to such terms and conditions, if any, as are determined by the department and/or the corporation;
    2. To fund reserves for bonds of the corporation and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for obligations of the corporation, by pledge, lien, assignment, or otherwise as provided in chapter 38.1 of this title;
    3. To pay or provide for subsidy assistance as determined by the school building authority;
    4. To provide a reserve for, or to otherwise secure, amounts payable by cities, towns, and local education agencies on loans and city, town, and local education agency obligations outstanding in the event of default thereof; amounts in any account in the fund may be applied to defaults on loans outstanding to the city, town, or local education agency for which the account was established and, on a parity basis with all other accounts, to defaults on any loans or city, town, or local education agency obligations outstanding; and
    5. To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or otherwise as provided in chapter 38.1 of this title, any bonds or notes of the corporation issued under this chapter.
  3. The repayment obligations of the city, town, or local education agency for loans shall be in accordance with its eligibility for state aid for school housing as set forth in §§ 16-7-39 , 16-77.1-5 , and 16-105-3(19) .
  4. In addition to other remedies of the corporation under any loan or financing agreement or otherwise provided by law, the corporation may also recover from a city, town, or local education agency, in an action in superior court, any amount due the corporation together with any other actual damages the corporation shall have sustained from the failure or refusal of the city, town, or local education agency to make the payments or abide by the terms of the loan or financing agreement.

History of Section. P.L. 2015, ch. 141, art. 9, § 4; P.L. 2018, ch. 47, art. 9, § 4; P.L. 2019, ch. 88, art. 9, § 15.

45-38.2-4. Payment of state funds.

  1. Subject to the provisions of subsection (b), upon the written request of the corporation, the general treasurer shall pay to the corporation, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the corporation for the purposes of this chapter, such amounts as shall have been appropriated or lawfully designated for the fund. All amounts so paid shall be credited to the fund in addition to any other amounts credited or expected to be credited to the fund.
  2. The corporation and the state may enter into, execute, and deliver one or more agreements setting forth or otherwise determining the terms, conditions, and procedures for, and the amount, time, and manner of payment of, all amounts available from the state to the corporation under this section.
  3. The corporation, per order of the school building authority capital fund, is authorized to grant a district or municipality its state share of an approved project cost, pursuant to §§ 16-7-39 and 16-77.1-5 . Construction pay-as-you-go grants received from the school building authority capital fund shall not be considered a form of indebtedness subject to the provisions of § 16-7-44 .
    1. Notwithstanding the provisions of §§ 45-12-19 and 45-12-20 , and notwithstanding city or town charter provisions to the contrary, prior to July 1, 2016, no voter approval shall be required for loans in any amount made to a city or town for the local education agency’s share of total project costs.
    2. Notwithstanding the provisions of §§ 45-12-19 and 45-12-20 , and notwithstanding city or town charter provisions to the contrary, on or after July 1, 2016, up to five hundred thousand dollars ($500,000) may be loaned to a city or town for the local education agency’s share of total project costs without the requirement of voter approval.
    1. Funds from the two hundred fifty million ($250,000,000) in general obligation bonds, if approved on the November 2018 ballot, shall first be used to support the state share of foundational housing aid and shall be offered to local education agencies on a pay-as-you-go basis and not as a reimbursement of debt service for previously completed projects.
    2. Funds to support the state share of foundational housing aid in a given year on a pay-as-you-go basis shall be offered proportionately to local education agencies based on the total state share of foundational housing aid awarded to projects in that year.
    3. Any excess funds may be transferred to the school building authority capital fund in an amount not to exceed five percent (5%) of any amount of bonds issued in a given year.
  4. Notwithstanding any provision to the contrary, the term of any bond, capital lease, or other financing instrument shall not exceed the useful life of the project being financed.
  5. In accordance with §§ 45-10-5.1 and 45-10-6 , the auditor general shall give guidance to municipalities and school districts on the uniform financial reporting of construction debt authorized and issued, and on funding received from the state within ninety (90) days of the passage of this article.

History of Section. P.L. 2015, ch. 141, art. 9, § 4; P.L. 2016, ch. 53, § 1; P.L. 2018, ch. 47, art. 9, § 4.

Chapter 39 Sale of Water

45-39-1. Declaration of need and purpose.

It is declared that, due to the unpredictability of nature, various cities and towns in this state have been unable to supply sufficient water to meet the needs of their inhabitants, and that, from time to time, the lack of water has produced grave emergencies for which there has been no legal solution. It is further declared that it is the purpose of this chapter to alleviate this problem.

History of Section. P.L. 1965, ch.199, § 1.

45-39-2. Authorization to sell water.

Every city, town, quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law, is authorized to sell water to any other city, town, quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law, in times of emergency or when, for any reason, the water supply of any city, town, quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law is endangered or rendered unusable and declared so by the city or town council, notwithstanding anything in the general or special laws, city or town ordinances, or city or town charters or charters of any quasi municipal corporation, water district, authority, or any other agency of the state created by any special or general law.

History of Section. P.L. 1966, ch. 65, § 1.

45-39-3. Repealed.

Repealed Sections.

Former § 45-39-3 (P.L. 1985, ch. 399, § 1), concerning water emergencies, was repealed by P.L. 1986, ch. 348, § 1, effective June 19, 1986.

45-39-4. Payment for hydrant rentals.

Notwithstanding any general or special law relating to publicly owned water authorities, a municipality may provide by enactment of an ordinance and complying with the notice requirements of § 39-3-11.1 , that the rental usage or fees for any fire hydrant within the municipality shall be the responsibility of the water ratepayers within the municipality which enacted the enabling ordinance, provided that this provision shall apply only where the municipality owns the water supplier and is the exclusive supplier of public water within the municipality.

History of Section. P.L. 2011, ch. 189, § 2; P.L. 2011, ch. 278, § 2.

Compiler’s Notes.

P.L. 2011, ch. 189, § 2, and P.L. 2011, ch. 278, § 2 enacted identical versions of this section.

Chapter 39.1 Municipal Water Supplies

45-39.1-1. Purpose.

The purpose of this chapter are:

  1. To clarify the powers and duties of city and town councils with regard to water suppliers, and
  2. To establish municipal water supplies as enterprise funds. This chapter shall not alter, abrogate, or diminish the duties of water suppliers established elsewhere in the general or public laws or supersede or alter or abrogate powers and duties set forth in chapter 39-15.1.

History of Section. P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.

Compiler’s Notes.

P.L. 2009, ch. 288, § 2, and P.L. 2009, ch. 341, § 2, enacted identical versions of this chapter.

45-39.1-2. Definitions.

  1. “Agricultural” shall mean commercial agricultural producers as defined in 46-15.3-4(2) .
  2. “Commission” means the public utilities commission established by chapter 39-1;
  3. “Council” means the city council of any city and the town council of any town;
  4. “Municipal water supply” means a department, board, commission, authority, or agency of a city or town, which does not have a separate corporate existence from the city or town, that is a water supplier as defined in subdivision 46-15.3-5.1(a)(2) ;
  5. “Water resources board” means the water resources board established pursuant to chapter 46-15; and
  6. “Water supply systems management plan” means a water supply systems management plan prepared in accordance with the requirements of §§ 46-15.3-5.1 46-15.3-7

History of Section. P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.

45-39.1-3. Power of councils.

In addition to and consistent with any power provided by a law or charter provision, councils shall have the power to:

  1. Plan, in a manner consistent with the provision of chapter 45-22.2, and provide for water supply or municipal water supply within the city or town or any portion or area thereof;
  2. Adopt, fix and amend rates as set forth by section 45-39.1-5 , unless such rates are subject to the approval of the commission or are governed by another provision of law or charter;
  3. Control water usage within the city or town in order to provide for the adequacy, availability, and/or safety of water supply; and adopt such measures as may be necessary to make such restriction effective; such restrictions shall not be less than or inconsistent with any standards adopted by the water resources board and shall incorporate the priority given to agriculture pursuant to subdivision 46-15.7-1(b)(5) ; and
  4. Approve the submission, by the city or town, of a water supply system management plan to the water resources board pursuant to section 46-15.3-5.1 .

History of Section. P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.

45-39.1-4. Organization.

Notwithstanding any provision of law, charter, or ordinance, to the contrary not later than July 1, 2010, each municipal water supply shall be organized, operated, and accounted for as an enterprise fund; provided, however, that the requirements of this section shall not be deemed to abrogate or impair any agreement, decision, rate, or order in effect on July 1, 2009.

History of Section. P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2.

45-39.1-5. Rates.

  1. Adequacy.  The rates of municipal water supplies shall be adequate to pay for all costs associated with the municipal water supply including, but not limited to, the costs of acquisition, treatment, transmission, distribution, and availability of water, and of system administration and overhead, including metering and billing, programs for the conservation and efficient use of water, including costs of developing, implementing, enforcing and evaluating such conservation programs and including conservation pricing as described in subsection (d), and the cost and/or value of any services or facilities provided by the city or town to the municipal water supply, testing, operation, maintenance, replacement, repair, debt service, and for sufficient operating reserves, revenue stabilization funds, debt service reserves and capital improvement/infrastructure replacement funds to implement water supply system management plans;
  2. Equitability.  Except for service charges and other fixed fees and charges, rates:
    1. Shall be based on metered usage and fairly set among and within the classes and/or types of users;
    2. Shall provide that within any class of users the full costs of system capacity, administration, operation, and water supply costs for peak and/or seasonal use is borne by the users that contribute to such peak and/or seasonal use;
    3. May provide a basic residential use rate for water use that is designed to make a basic level of water use affordable, and
    4. May require implementation of demand management practices, consistent with the standards and guidelines of the water resources board, established pursuant to chapter 15.8 of title 46, by wholesale and retail customers;
  3. Revenue stabilization.  Municipal water suppliers shall in the absence of other sufficient funds available for similar purposes, establish as part of their next rate adjustment a revenue stabilization account to provide for adequacy during periods when revenues decline as a result of implementing water conservation programs, or due to circumstances beyond the reasonable control of the water supplier, including, but not limited to, the weather and drought. A revenue stabilization account shall accumulate a maximum of ten percent (10%) of the annual operating expenses of the supplier and shall be used to supplement other revenues so that the supplier’s reasonable costs are compensated;
  4. Conservation.  Municipal water suppliers shall take effective action to reduce waste of water and to reduce non-agricultural seasonal increases in the use of water, and may adopt conservation pricing as part of a demand management program or otherwise revise their rates as a means to achieve their goals. For the purpose of encouraging conservation of water, suppliers are authorized to adopt increased rates based on quantity used either throughout the year or seasonally. Conservation pricing shall be designed to promote efficient water use, and to limit seasonal non-agricultural outdoor water use, and to the extent possible shall not increase prices for water users with no significant seasonal increase in water use. Revenues generated from the adoption of conservation rates shall be used to fund the revenue stabilization account established pursuant to subsection (c) above, operating reserves, debt service reserves or capital improvement/infrastructure replacement funds; and
  5. Billing.  Billing shall be, at a minimum, quarterly by December 31, 2013.

History of Section. P.L. 2009, ch. 288, § 2; P.L. 2009, ch. 341, § 2; P.L. 2010, ch. 239, § 10.

Chapter 40 Interlocal Cooperation Commissions

45-40-1. Authority to create commission — Purpose.

  1. City or town councils have the authority to create a commission, to be called the interlocal cooperation commission, the purpose of which is to cooperate with other localities on a basis of mutual advantage, and to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.
  2. The commission shall conduct researches into the local governmental functions of its own and local communities. It may recommend to its council or any political subdivision of this state or another state, and to any agency of the state government or of the United States, programs to accomplish its purpose. It shall keep accurate records of its meetings and actions and file an annual report. It has power to appoint, subject to any personnel procurement program ordained by the city or town, any clerks and other employees that it may from time to time require.

History of Section. P.L. 1966, ch. 190, § 1.

Comparative Legislation.

Interlocal cooperation:

Conn. Gen. Stat. §§ 7-339a — 7-339l.

45-40-2. Membership.

The commission shall consist of four (4) to seven (7) members appointed by the mayor with the advice and consent of the city council, or by the town council, or by any authority designated in its city or town charter. The members of the commission are appointed for three (3) year terms, except that the initial appointments are for less than three (3) years to the end that the initial appointments are staggered and so that all subsequent vacancies do not occur at the same time. In the event of a vacancy, interim appointments may be made by the appointing authority to complete the unexpired term of the position. Of the members, two (2) shall be members of the city or town council, one shall be a member of the school committee, one shall be a fiscal or budget officer of the municipality, and the remaining members shall be residents of the municipality.

History of Section. P.L. 1966, ch. 190, § 1.

45-40-3. Studies with others.

Subject to the approval of the city or town council, the commission may join in research and studies with others, and may receive gifts of funds to conduct the studies or to further its aims and purpose.

History of Section. P.L. 1966, ch. 190, § 1.

45-40-4. Meetings — Records.

All meetings of the commission are open to the public, and any person or his or her constituted representative, is entitled to appear and be heard on any matter before the commission before it reaches its decision. All records of its proceedings, resolutions, and actions are open to public view.

History of Section. P.L. 1966, ch. 190, § 1.

Chapter 40.1 Interlocal Contracting and Joint Enterprises

45-40.1-1. Legislative purpose.

It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and, thereby, to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities.

History of Section. P.L. 1990, ch. 415, § 1.

45-40.1-2. Short title.

This chapter may be cited as the “Rhode Island Interlocal Cooperation Act”.

History of Section. P.L. 1990, ch. 415, § 1.

45-40.1-3. “Public agency” defined.

  1. For the purposes of this chapter, the term “public agency” means any political subdivision of this state, any agency of the state government or of the United States, and any political subdivision of another state.
  2. The term “state” means a state of the United States.

History of Section. P.L. 1990, ch. 415, § 1.

45-40.1-4. Interlocal agreements.

  1. 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.
    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.
  2. Any agreement shall specify the following:
    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.
    6. Any other necessary and proper matters.
  3. 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 (c) (1)- (c) (6), contain provisions for:
    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.
    2. The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.
  4. 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.
  5. 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.

History of Section. P.L. 1990, ch. 415, § 1.

45-40.1-5. Filing, status, and actions.

Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the keeper of local public records and with the secretary of state. In the event that an agreement entered into pursuant to this chapter is between or among one or more public agencies of this state and one or more public agencies of other states or of the United States, the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation of the compact or liability under it, the public agencies party to it shall be real parties in interest, and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party. The action shall be maintainable against any public agency or agencies whose default, failure, or performance, or other conduct, caused or contributed to the incurring of damage or liability by the state.

History of Section. P.L. 1990, ch. 415, § 1.

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.

History of Section. P.L. 1990, ch. 415, § 1.

45-40.1-7. Appropriations, furnishing of property, personnel, and service.

Any public agency entering into an agreement pursuant to this chapter may appropriate funds and sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking, by providing personnel or services for it as may be within its legal power to furnish.

History of Section. P.L. 1990, ch. 415, § 1.

45-40.1-8. Interlocal contracts.

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any of the public agencies entering into the contract is authorized by law to perform; provided, that the contract is authorized by the governing body of each party to the contract. The contract shall state fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.

History of Section. P.L. 1990, ch. 415, § 1.

Chapter 41 Self Insuring Fund

45-41-1. Establishment of fund.

A city or town treasurer, with the advice and consent of his or her city or town council, is hereby authorized and empowered to create and establish a fund for the purpose of self insuring the city or town upon approval and funding by the legally empowered authority of the respective cities and towns.

History of Section. P.L. 1971, ch. 216, § 1.

45-41-2. Amount of fund.

Self insurance funds may be established to insure the assets and liabilities of a city or town, not otherwise insured, to the extent determined by the city or town councils; provided, that these funds not exceed five percent (5%) of the total assessed valuation of real estate and tangible personal property in the cities or towns.

History of Section. P.L. 1971, ch. 216, § 1.

45-41-3. Payment to and from fund.

The self insurance funds shall be used by the cities or towns as nonlapsing, revolving funds for carrying out the provisions of this chapter. To these funds may be charged any and all expenses of a city or town relating to the insurance of its assets and liabilities not otherwise insured, the expenses having been adjudged against the city or town by due process of law or deemed valid claims by the city or town council sitting as a “claim board”, and to this fund shall be credited all receipts of moneys as may have been adjudged in the favor of the city or town by due process of law.

History of Section. P.L. 1971, ch. 216, § 1.

45-41-4. Investment of fund.

  1. Moneys in the funds currently not needed to meet expenses and obligations of self insurance shall be deposited in a depository bank as designated by the city or town councils to the credit of the funds or may be invested by the city or town treasurers, with the approval of the city or town councils, in savings accounts or certificates of commercial or savings banks or trust companies, or in obligations of the United States or its agencies, or in any other short term investments, as would be made by prudent men or women of discretion and intelligence.
  2. Investment earnings of the funds are deemed receipts and become assets of the funds subject to the nonlapsing, revolving provisions of § 45-41-3 .

History of Section. P.L. 1971, ch. 216, § 1.

45-41-5. Expenses of operation.

The city or town councils may, in their discretion, authorize the city or town treasurers to expend out of the funds moneys that may be necessary for any expenses of self insurance including administrative, legal, or other service expenses.

History of Section. P.L. 1971, ch. 216, § 1.

45-41-6. Account — Annual audit.

The city or town treasurers shall keep proper records of accounts and make an annual report of the fund’s condition to the city or town councils. In addition, the fund shall be audited annually in the same manner in which all other funds of the city or town are audited, and the results of the audit shall be included in an annual audited financial report.

History of Section. P.L. 1971, ch. 216, § 1.

45-41-7. Additional appropriations.

If, following the initial appropriation which establishes a self insurance fund, from time to time, in the opinion of the city or town council, the addition of moneys to the fund is required to adequately insure the assets and liabilities of the city or town, not otherwise insured, the city or town council shall request, in accordance with the terms of the laws then applicable, an additional appropriation of moneys of the city or town not otherwise appropriated. Any unexpended balance of any or all of these appropriations shall be carried forward to succeeding fiscal years.

History of Section. P.L. 1971, ch. 216, § 1.

45-41-8. Severability.

The provisions of this chapter are severable, and if any of its provisions is held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1971, ch. 216, § 1.

Chapter 42 Emergency Police Power

45-42-1. Emergency police power.

  1. When the police chief of a city or town within the state, or his or her designee, requests emergency police assistance from another city or town police department within the state, the officers responding to the request shall be subject to the authority of the requesting chief and have the same authority, powers, duties, privileges, and immunities as a duly appointed police officer of the city or town making the request, until the requesting chief of police discharges and releases the assisting police officers to their own city or town departments.
  2. Law enforcement officers from out of state shall have limited emergency police powers to transport, guard, and maintain custody of any person who is arrested out of state but transported to a Rhode Island medical facility for emergency medical treatment. Prior to entry into Rhode Island, the out-of-state police department maintaining custody of said arrested person shall notify the Rhode Island state police of the transport and the site of the emergency medical treatment. The emergency police powers granted shall cease immediately upon the expiration of eight (8) hours from the time of notification, or upon a fugitive-from-justice warrant being executed, whichever shall arise first.

History of Section. P.L. 1971, ch. 284, § 1; P.L. 2008, ch. 237, § 1; P.L. 2016, ch. 542, § 1.

Comparative Legislation.

Emergency police assistance:

Conn. Gen. Stat. § 7-277a.

Mass. Ann. Laws ch. 41, § 99.

NOTES TO DECISIONS

Jurisdiction.

Police officer from an neighboring municipality had jurisdiction to arrest drunk driver in another jurisdiction where driver ran a road block as the neighboring police’s help had been requested because of an emergency created by highway accident. State v. Ceraso, 812 A.2d 829, 2002 R.I. LEXIS 249 (2002).

Transportation of Prisoners.

While the authority of a police officer to perform an arrest outside of the territorial boundaries of the city or town in which he was employed were limited to responses to requests for emergency assistance, under R.I. Gen. Laws § 45-42-1 , and arrests after “close pursuit,” under R.I. Gen. Laws § 12-7-19 , an officer could transport a prisoner already in custody across territorial boundaries for legitimate law enforcement purposes, such as obtaining blood alcohol testing. State ex rel. Town of Portsmouth v. Hagan, 819 A.2d 1256, 2003 R.I. LEXIS 80 (2003).

45-42-2. Nonemergency police power.

  1. Notwithstanding any law to the contrary, and consistent with the provisions of chapter 40.1 of this title entitled “Interlocal Contracting and Joint Enterprises,” the chiefs of police of any city or town or any police department of a higher education institution may enter into an agreement, which is subject to approval by the appropriate city or town council by adoption of a resolution in support of it or by approval by the president of the higher education institution, by which the chief may request that the other city, town, or higher education institution police force provide assistance in a nonemergency situation for all those police services prescribed by law within any portion of the jurisdiction of the city or town, or campus of the chief granting the authority.
  2. The officers responding to the request and agreement shall have the same authority, powers, duties, privileges, and immunities for jurisdictional purposes as a duly appointed police officer of the city, town, or higher education institution making the request.
  3. All wage and disability payments, pension, workers’ compensation claims, medical expenses, or other employment benefits will be the responsibility of the employing agency, unless the requesting agency is reimbursed for those costs from any other source. Each agency shall be responsible for the negligence of its employees to the extent specified by law.
  4. A copy of any agreement entered into pursuant to this section shall be provided to the superintendent of the Rhode Island state police.
  5. The governor shall have the authority to suspend an agreement entered into pursuant to this section upon a finding that the suspension is in the interest of public safety.

History of Section. P.L. 2002, ch. 142, § 1; P.L. 2002, ch. 293, § 1; P.L. 2021, ch. 107, § 1, effective July 1, 2021; P.L. 2021, ch. 108, § 1, effective July 1, 2021.

Compiler's Notes.

P.L. 2021, ch. 107, § 1, and P.L. 2021, ch. 108, § 1 enacted identical amendments to this section.

45-42-3. Mutual aid — Campus police officer and special police officer.

  1. Any public or private educational institution of higher learning located in this state, with a police or other public safety department consisting of campus police officers appointed pursuant to chapter 52 of title 16, or special police officers appointed pursuant to chapter 2.1 of title 12, may enter into a mutual aid agreement with the city or town in which the institution is primarily located, solely for the purpose of providing emergency assistance in response to specific incidents at the request of the police chief of the city or town. Officers appointed under these chapters must have satisfactorily completed a training academy certified by the Police Officer’s Commission on Standards and Training.
  2. The mutual aid agreement will not be effective until formally approved by the city or town council in which the institution is located, after a public hearing and by the governing body or office of the institution of higher learning.
  3. The special police officers responding to a request for emergency assistance pursuant to a duly approved mutual aid agreement shall have the same authority, powers, duties, privileges, and immunities for jurisdictional purposes as a duly appointed police officer of the city or town making the request.
  4. The special police officers responding to the request for emergency assistance under the mutual aid agreement shall be subject to, and considered within, the control and authority of the requesting chief of police for the duration of the emergency and until released by the requesting chief of police.

History of Section. P.L. 2016, ch. 542, § 2; P.L. 2017, ch. 199, § 1; P.L. 2017, ch. 253, § 1.

Compiler’s Notes.

P.L. 2017, ch. 199, § 1, and P.L. 2017, ch. 253, § 1 enacted identical amendments to this section.

Chapter 43 Regional Councils of Local Government

45-43-1. Establishment.

The municipal legislative bodies of any two (2) or more cities or towns, by appropriate action, may enter into an agreement with each other, or with the governing bodies of any municipalities of any other state to the extent that laws of the other state permit the establishment of a regional council of local governments.

History of Section. P.L. 1972, ch. 248, § 1.

Comparative Legislation.

Regional councils of local government:

Conn. Gen. Stat. § 4-124c et seq.

45-43-2. Membership.

Membership of the council consists of three (3) representatives from each city or town entering into the agreement. The three (3) regular members from each city and town are as follows:

  1. The chief executive or administrative head of the city or town.
  2. The council president or designee of the city or town.
  3. A third elected or appointed official in the city or town designated by the first two (2) regular members.

History of Section. P.L. 1972, ch. 248, § 1.

45-43-3. Powers.

  1. The council has the power to:
    1. Study area governmental problems common to two (2) or more members of the council as it deems appropriate, including, but not limited to, matters affecting health, safety, welfare, education, economic conditions, and regional development;
    2. Promote cooperative arrangements and coordinate action among its members; and
    3. Make recommendations for review and action to the members and other public agencies that perform functions within the region.
  2. The council may, by appropriate action of the governing bodies of the member governments, exercise other powers that are exercised or capable of exercise by the member governments and necessary or desirable for dealing with problems of mutual concern; provided, that the exercise of power for the creation, construction, or operation of new regional solid waste disposal facilities is contingent upon the approval of the solid waste management corporation.

History of Section. P.L. 1972, ch. 248, § 1; P.L. 1974, ch. 176, § 2.

45-43-4. Bylaws.

The council shall adopt bylaws designating the officers of the council and providing for the conduct of its business.

History of Section. P.L. 1972, ch. 248, § 1.

45-43-5. Staff.

The council may employ staff, and consult and retain experts, as it deems necessary. The state department of administration may furnish research, secretarial, and stenographic service to a council.

History of Section. P.L. 1972, ch. 248, § 1; P.L. 1985, ch. 181, art. 61, § 26.

45-43-6. Finances — Annual report.

  1. The governing bodies of the member governments may appropriate funds to meet the expenses of the council. Services of personnel, use of equipment and office space, and other necessary services may be accepted from members as part of their financial support.
  2. The council may accept funds, grants, gifts, and services from the government of the United States or its agencies, from this state or its departments, agencies, or instrumentalities, or from any other governmental unit whether participating in the council or not, and from private and civic sources.
  3. It shall make an annual report of its activities to the member governments and to the director of the state department of administration.

History of Section. P.L. 1972, ch. 248, § 1.

45-43-7. Meetings — Records.

All regular council of local government meetings are open to the public, and all records of its proceedings, resolutions, and actions are open to public view.

History of Section. P.L. 1972, ch. 248, § 1.

Chapter 44 Homestead Program

45-44-1. Homestead program established.

The homestead program is established to become effective immediately upon approval of a city or town of this state.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-2. Cataloging of dwellings and parcels.

Upon adoption of a homestead program, a city or town shall compile and maintain a catalog of all unoccupied dwellings and vacant lots owned by the city or town which the city or town determined are parcels that can be utilized for rehabilitation or new construction by private individuals.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-3. Resolution required.

The city or town shall by resolution approve the parcels cataloged under § 45-44-2 for disposition, for the public purpose of improving the quality of housing in accordance with the homestead program, and not as a sale of surplus land.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-4. Conditions required by applicant.

Homestead program property will be offered to qualified applicants at no initial cost on a conditional deed basis provided that the applicant:

  1. Is at least eighteen (18) years of age and is the head of a family.
  2. Is a citizen of the United States or a registered alien.
  3. Proves financial ability to rehabilitate and exhibits know-how to rehabilitate an existing dwelling or construct a new dwelling, as the case might be.
  4. Has contractually agreed to rehabilitate or construct on, as the case might be, the parcel assigned to him or her, and further agrees to:
    1. Bring the assigned parcel up to city or town housing standards within eighteen (18) months after assignment of the parcels to him or her; and
    2. Permit periodic inspections by the city or town, but not more often than once during any three (3)-month period, for a determination by the city or town of whether reasonable and satisfactory progress is being made by the applicant in rehabilitating or constructing on the parcel assigned to him or her; and
    3. Surrender and quit the assigned parcel in a condition at least equal to that when first assigned upon thirty (30) days’ notice by the city or town when, as a result of a periodic inspection, that city or town determines that the applicant has become unable or unwilling to proceed reasonably or satisfactorily towards fulfilling the objectives and conditions of this chapter; and

      (d) Live in, occupy, and maintain, as a single, two- (2), or three (3)-family dwelling up to city or town housing standards, the parcel assigned to him or her for a period of not less than three (3) years.

History of Section. P.L. 1974, ch. 256, § 1; P.L. 1976, ch. 310, § 2.

45-44-5. Conditional deed.

Upon the approval of an applicant, as provided in § 45-44-11 , the city or town shall execute a conditional deed to the assigned parcel to the applicant. Provided, that if the parcel to be conveyed is unimproved, the city or town may execute a deed conveying fee simple title to the applicant.

History of Section. P.L. 1974, ch. 256, § 1; P.L. 1976, ch. 278, § 1; P.L. 1999, ch. 354, § 50.

45-44-6. Fee simple conveyance.

If and when the conditions of § 45-44-4 are fulfilled, as determined and certified by the city or town and the homestead board, which shall be created to administer this chapter, the city or town shall execute all documents necessary to convey a fee simple title to the assigned parcel to the qualifying applicant.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-7. Homestead board created.

The city or town is authorized to create and appoint members of a board to be known as the homestead board, whose purposes are to administer the homestead program.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-8. Composition of board.

The homestead board shall be composed of no fewer than three (3) nor more than five (5) members.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-9. Compensation of board members — Secretary.

The members of the board shall receive no compensation and shall, by majority vote, appoint a secretary of the board.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-10. Regulations promulgated by board.

The board shall promulgate regulations consistent with the purpose and spirit of the homestead program as outlined in this chapter, the regulations to be approved by the city or town solicitor.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-11. Responsibilities and duties of board.

The board is empowered and has the duty and responsibility to:

  1. Review and publicize, by newspaper advertising or some other effective method, the availability of homestead program properties.
  2. Accept and review applications and determine the qualifications of applicants within the criteria established by this chapter and the regulations promulgated under this chapter.
  3. Approve and certify applicants with a view towards compatibility of the applicant and the parcel assigned to him or her.
  4. Approve and recommend the execution, by the duly authorized officer of the city or town, of a conditional deed to the assigned parcel upon the applicant being approved.
  5. Approve and recommend the execution, by the duly authorized representative of the city or town, of all documents necessary to convey fee simple title to the assigned parcel to the applicant upon the applicant’s fulfillment of all conditions enumerated in § 45-44-4 .
  6. Accept any real property donated to the city or town which qualifies or is eligible for rehabilitation under the homestead program.

History of Section. P.L. 1974, ch. 256, § 1; P.L. 1976, ch. 310, § 2.

45-44-12. Use of other agencies.

The homestead board is empowered to utilize the aid and assistance of other relevant city or town agencies in the furtherance of the duties and responsibilities of the board.

History of Section. P.L. 1974, ch. 256, § 1.

45-44-13. Severability.

The sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any section, paragraph, sentence, clause, or phrase is declared unconstitutional or invalid, the unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this chapter.

History of Section. P.L. 1974, ch. 256, § 1.

Chapter 45 Cost of Living Adjustments

45-45-1. Providence police and fire departments — Retired employees.

All retired Group 2 employees of the city of Providence, as defined in § 45-21-10 , and all beneficiaries of Group 2 employees who have retired or are deceased shall, on the first day of January of the year following the date of retirement or death, receive a cost of living retirement adjustment in addition to the retirement allowance, in an amount equal to three percent (3%) of the retirement allowance, not compounded. In each succeeding year thereafter, during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the retirement allowance, not compounded, to be continued during the lifetime of that employee or beneficiary.

History of Section. P.L. 1976, ch. 12, § 1; G.L., § 45-45-1 ; P.L. 1980, ch. 409, §§ 1, 3.

45-45-2. Reimbursement of cost by state excluded.

No provision of this chapter shall be construed to be a state mandated cost subject to reimbursement by the state pursuant to chapter 13 of this title.

History of Section. P.L. 1980, ch. 409, § 3.

Chapter 46 Soil Erosion and Sediment Control

45-46-1. Legislative findings.

The general assembly finds that excessive quantities of soil are eroding from certain areas of the state that are undergoing development for certain nonagricultural uses as housing developments, industrial areas, recreational facilities, commercial facilities, and roads. Erosion occurring in these areas makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs storm sewers and road ditches, roils streams, and deposits silt in ponds and reservoirs. In some of the state’s waters, silt resulting from erosion has become a major water pollutant and threatens water supply, recreational, aesthetic, and wildlife habitat values associated with these waters. The general assembly finds that certain agricultural lands also experience extensive erosion and sedimentation. The general assembly directs the department of environmental management division of agriculture and the Rhode Island state conservation committee to work with landowners on these lands to implement conservation plans and/or activities.

History of Section. P.L. 1982, ch. 287, § 1; P.L. 1990, ch. 261, § 1.

Compiler’s Notes.

Section 2 of P.L. 1982, ch. 287 provides that this chapter shall not be construed to impose state mandated cost pursuant to §§ 45-13-6 and 45-13-7 .

Repealed Sections.

Former chapter 46 (P.L. 1976, ch. 12, § 1), concerning cost of living adjustments for the Providence fire department, was repealed by P.L. 1980, ch. 409, § 2. For current similar provisions of law, see §§ 45-45-1 and 45-45-2 .

Comparative Legislation.

Soil erosion and sediment control:

Conn. Gen. Stat. §§ 22a-314 — 22a-329.

Mass. Ann. Laws ch. 21, § 19 et seq.

45-46-2. Declaration of purpose.

The purpose of this chapter is to authorize the cities and towns of the state to adopt, in accordance with the provisions of the model local ordinance provided in this chapter, ordinances and programs to control erosion and sedimentation and to prevent erosion-related damage to the man-made and natural features of the state.

History of Section. P.L. 1982, ch. 287, § 1.

45-46-3. Powers of councils.

The city or town council of any city or town is authorized to adopt, pursuant to the purposes of this chapter, the provisions of the model erosion and sediment control ordinance as provided in § 45-46-5 . To assist in the implementation of ordinances and programs adopted pursuant to this chapter, a city or town council may adopt an erosion and sediment control plan.

History of Section. P.L. 1982, ch. 287, § 1; P.L. 1999, ch. 354, § 51.

45-46-4. Provisions of local ordinances — Model ordinances.

  1. A city or town adopting an erosion and sediment control ordinance under this chapter shall incorporate, in the ordinance, the provisions contained in the model ordinance in § 45-46-5 , and, may further specify performance and other standards and adopt additional definitions that are not inconsistent with this chapter; provided, that the ordinance provides reasonable and prudent provisions for addressing soil and sediment control measures for existing uses and facilities, other than those exempt under this chapter, including a reasonable time table for the submission of plans and documentation.
  2. The ordinance shall require that applications for plan approval under an erosion and sediment control ordinance shall be made to the building official, and that approval is issued through the building official. Councils may, however, in adopting an erosion and sediment control ordinance authorize the building official to designate all duties and responsibilities required under the model ordinance, provided in § 45-46-5 , to appropriate officials and agencies in the context of the local government’s structure and in a manner consistent with applicable charter provision and public law. The building official and/or his or her designee reviewing soil erosion and sediment control plans shall have the following qualifications:
    1. Be a registered engineer, surveyor, or landscape architect, or a soil and water conservation society certified erosion and sediment control specialist, or
    2. Have attended a soil erosion and sediment control training session sponsored by the United States Department of Agriculture Soil Conservation Service and conservation districts.
  3. The building official and his or her designee shall be granted the necessary authority to administer the model ordinance, including entry onto private property when necessary for periodic inspections to ensure compliance with provisions of the approved soil erosion and sediment control plan.

History of Section. P.L. 1982, ch. 287, § 1; P.L. 1990, ch. 261, § 1; P.L. 1991, ch. 152, § 1; P.L. 1999, ch. 354, § 51.

45-46-5. Model ordinance — Soil erosion and sediment control.

ARTICLE I

Section 1. Purpose.
  1. The (city or town) council finds that excessive quantities of soil are eroding from certain areas that are undergoing development for non agricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant.
  2. The purpose of this ordinance is to prevent soil erosion and sedimentation from occurring as a result of non agricultural development within the city or town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the city or town.

ARTICLE II

Section 1. Applicability.

This ordinance is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the city or town of _______________ after determination of applicability by the building official or his or her designee based upon criteria outlined in article III. Compliance with the requirements as described in this ordinance shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.

ARTICLE III

Section 1. Determination of applicability.
    1. It is unlawful for any person to disturb any existing vegetation, grades, and contours of land in a manner which may increase the potential for soil erosion, without first applying for a determination of applicability from the building official or his or her designee. Upon determination of applicability, the owner/applicant shall submit a soil erosion and sediment control plan for approval by the building official or his or her designee, as provided in article IV. The application for determination of applicability shall describe the location, nature, character, and time schedule of the proposed land disturbing activity in sufficient detail to allow the building official or his or her designee to determine the potential for soil erosion and sedimentation resulting from the proposed project. In determining the applicability of the soil erosion and sediment control ordinance to a particular land disturbing activity, the building official or his or her designee shall consider site topography, drainage patterns, soils, proximity to watercourses, and other information deemed appropriate by the building official or his or her designee. A particular land disturbing activity shall not be subject to the requirements of this ordinance if the building official or his or her designee finds that erosion resulting from the land disturbing activity is insignificant and represents no threat to adjacent properties or to the quality of any coastal feature or watercourse, as defined in Article IX. The current “Rhode Island Soil Erosion and Sediment Control Handbook,” U.S. department of agriculture soil conservation service, R.I. department of environmental management, and R.I. state conservation committee shall be consulted in making this determination.
    2. This ordinance shall not apply to existing quarrying operations actively engaged in excavating rock but shall apply to sand and gravel extraction operations.
  1. No determination of applicability is required for the following:
    1. Construction, alteration, or use of any additions to existing single family or duplex homes or related structures; provided, that the grounds coverage of addition is less than one thousand (1,000) square feet, and construction, alteration and use does not occur within one hundred (100´) feet of any watercourse or coastal feature, and the slopes at the site of land disturbance do not exceed ten percent (10%).
    2. Use of a home garden in association with onsite residential use.
    3. Accepted agricultural management practices such as seasonal tilling and harvest activities associated with property utilized for private and/or commercial agricultural or silvacultural purposes.
    4. Excavations for improvements other than those described in subsection (b)(1) of this section which exhibit all of the following characteristics:
      1. Does not result in a total displacement of more than fifty (50) cubic yards of material;
      2. Has no slopes steeper than ten feet (10´) vertical in one hundred feet (100´) horizontal or approximately ten percent (10%); and
      3. Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.
    5. Grading, as a maintenance measure, or for landscaping purposes on existing developed land parcels or lots; provided, that all bare surface is immediately seeded, sodded or otherwise protected from erosive actions, and all of the following conditions are met:
      1. The aggregate area of activity does not exceed two thousand (2,000) square feet; and
      2. The change of elevation does not exceed two feet (2´) at any point; and
      3. The grading does not involve a quantity of fill greater than eighteen (18) cubic yards; except where fill is excavated from another portion of the same parcel and the quantity does not exceed fifty (50) cubic yards.
    6. Grading, filling, removal, or excavation activities and operations undertaken by the city or town under the direction and supervision of the director of public works for work on streets, roads, or rights-of-ways dedicated to public use; provided, that adequate and acceptable erosion and sediment controls are incorporated, in engineering plans and specifications, and employed. Appropriate controls apply during construction as well as after the completion of these activities. All work shall be undertaken in accordance with the performance principles provided for in Article V, Section 1(c) and the standards and definitions that may be adopted to implement the performance principles.

ARTICLE IV

Section 1. Provisions of plan — Procedures.
  1. Plan.
    1. To obtain approval for a land disturbing activity as found applicable by the building official or his or her designee under article III, an applicant shall first file an erosion and sediment control plan signed by the owner of the property, or authorized agent, on which the work subject to approval is to be performed. The plan or drawings, as described in article V, shall include proposed erosion and sediment control measures to be employed by the applicant or the applicant’s agent.
    2. R.I. Freshwater Wetlands Permit: Where any portion of a proposed development requires approval under any provision of the general laws approved by the general assembly or where the approval contains provisions for soil erosion and sediment controls, that approved plan shall be a component of the overall soil erosion and sediment control plan required under this ordinance for the development.
  2. Fees.

    The city or town adopting this ordinance may collect fair and reasonable fees from each applicant requesting approval of a soil erosion and sediment control plan for the purposes of administering this ordinance.

  3. Plan review.
    1. Within five (5) working days of the receipt of a completed plan, the building official or his or her designee shall send a copy of the plan to the review authorities which may include the public works department, the planning board or planning department, and conservation commission for the purpose of review and comment. The building official or his or her designee may also, within five (5) working days, submit copies of the plan to other local departments or agencies, including the conservation district that services their county, in order to better achieve the purposes of this chapter. Failure of these review authorities to respond within twenty-one (21) days of their receipt of the plan shall be deemed as no objection to the plan as submitted.
    2. The time allowed for plan review shall be commensurate with the proposed development project, and shall be done simultaneously with other reviews.
  4. Plan approval.
    1. The building official or his or her designee shall take action in writing, either approving or disapproving the plan, with reasons stated within ten (10) days after the building official has received the written opinion of the review authorities.
    2. In approving a plan, the building official or his or her designee may attach conditions deemed reasonably necessary by the review authorities to further the purposes of this ordinance. The conditions pertaining to erosion and sediment control measures and/or devices, may include, but are not limited to, the erection of walls, drains, dams, and structures, planting vegetation, trees and shrubs, furnishings, necessary easements, and specifying a method of performing various kinds of work, and the sequence or timing of the work. The applicant/owner shall notify the building inspector, or his or her designee, in advance of his or her intent to begin clearing and construction work described in the erosion and sediment control plan. The applicant shall have the erosion and sediment control plan on the site during grading and construction.
  5. Appeals.
    1. Administrative procedures: (A) If the ruling made by the building official or his or her designee is unsatisfactory to the applicant/owner, the applicant/owner may file a written appeal. The appeal of plans for soil erosion and sediment control shall be to the zoning board of review or other appropriate board of review, as determined by the city or town council.

      (B) Appeal procedures shall follow current requirements for appeal to the above-mentioned boards.

      (C) During the period in which the request for appeal is filed, and until the time that a final decision is rendered on the appeal, the decision of the building official or his or her designee remains in effect.

    2. Expert opinion: The official, or his or her designee, the zoning board of review, or other board of review, may seek technical assistance on any soil erosion and sediment control plan. The expert opinion must be made available in the office of the building official, or his or her designee, as a public record prior to the appeals hearing.

ARTICLE V.

Section 1. Soil Erosion and Sediment Control Plan.
  1. Plan preparation.

    The erosion and sediment control plan shall be prepared by a registered engineer, or landscape architect or a soil and water conservation society certified erosion and sediment control specialist, and copies of the plan shall be submitted to the building official or his or her designee.

  2. Plan contents.

    The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcels to form a clear basis for discussion and review and to assure compliance with all applicable requirements of this chapter. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current “Rhode Island Soil Erosion and Sediment Control Handbook,” prepared by the U.S. department of agriculture, soil conservation service, R.I. department of environmental management, R.I. state conservation committee, and at a minimum, shall contain:

    1. A narrative describing the proposed land disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site, and soil maps shall be provided as required by the building official or his or her designee.
    2. Construction drawings illustrating in detail existing and proposed contours, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of measures; stock piles and borrow areas; sequence and staging of land disturbing activities; and other information needed for construction.
    3. Other information or construction plans and details as deemed necessary by the building official or his or her designee for a thorough review of the plan prior to action being taken as prescribed in this chapter. Withholding or delay of information may be reasons for the building official or his or her designee to judge the application as incomplete and providing grounds for disapproval of the application.
  3. Performance principles.

    The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined in this subsection, have been met in the design and are to be accomplished by the proposed development project.

    1. The site selected shall show due regard for natural drainage characteristics and topography.
    2. To the extent possible, steep slopes shall be avoided.
    3. The grade of created slopes shall be minimized.
    4. Post development runoff rates should not exceed pre development rates, consistent with other stormwater requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar technique.
    5. Original boundaries, alignment, and slope of watercourses within the project locus shall be preserved to the greatest extent feasible.
    6. In general, drainage shall be directed away from structures intended for human occupancy, municipal or utility use, or similar structures.
    7. All drainage provisions shall be of a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.
    8. Drainage facilities shall be installed as early as feasible during construction, prior to site clearance, if possible.
    9. Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.
    10. Temporary vegetation and/or mulching shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the non growing months, November through March.
    11. Permanent vegetation shall be placed immediately following fine grading.
    12. Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.
    13. All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.
  4. Existing uses and facilities.
    1. The building official and/or his or her designee shall accept plans for existing uses and facilities which by their nature may cause erosion and sedimentation, such as excavation and quarrying operations; provided, that this section shall not apply to article III, section 1(a)(1). Plans or satisfactory evidence to demonstrate that the existing operations accomplish the objectives of the section shall be submitted to the building official and/or his/her designee within one hundred twenty (120) days from the date of the determination of applicability. Implementation of the plan shall be initiated upon approval of the plan.
    2. When the preexisting use is a gravel extraction operation, the property owner shall conduct the operation in a manner so as not to devalue abutting properties; to protect abutting property from wind erosion and soil erosion due to increased runoff, sedimentation of reservoirs, and drainage systems; and to limit the depth of extraction so as not to interfere with the existing nearby water table.

ARTICLE VI. Enforcement.

Section 1. Performance bond.
  1. Performance bond.
    1. Before approving an erosion sediment control plan, the building official or his or her designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities, or other method of surety, as specified by the building official or his or her designee. When any land disturbing activity is to take place within one hundred feet (100´) of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of ten percent (10%), the filing of a performance bond shall be required. The amount of the bond, as determined by the public works department, or in its absence, the building official or his or her designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.
    2. The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the public works director and the city or town solicitor.
    3. A performance bond for an erosion sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirements of this ordinance.
  2. Notice of default on performance secured by bond.
    1. Whenever the building official or his or her designee finds that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice shall be made to the applicant and to the surety of the bond by the municipal solicitor. The notice shall state the nature of default, work to be done, the estimated cost, and the period of time deemed by the building official or his or her designee to be reasonably necessary for the completion of the work.
    2. Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by the city or town solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond, to cause the required work to be completed by the city or town, by contract or by other appropriate means as determined by the city or town solicitor.
  3. Notice of default on performance secured by cash or negotiable securities deposit.

    If a cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in subsection (b) of this section.

  4. Release from performance bond conditions.

    The performance bonding requirement shall remain in full force and effect for twelve (12) months following completion of the project, or longer if deemed necessary by the building official or his or her designee.

Section 2. Approval — Expiration — Renewal.
  1. Every approval granted in this ordinance shall expire at the end of the time period established in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
  2. If the developer is unable to complete the work within the designated time period, he or she shall, at least thirty (30) days prior to the expiration date, submit a written request for an extension of time to the building official or his or her designee, stating the underlying reasons for the requested time extension. If the extension is warranted, the building official or his or her designee may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.
Section 3. Maintenance of measures.

Maintenance of all erosion sediment control devices under this ordinance shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.

Section 4. Liability of applicant.

Neither approval of an erosion and sediment control plan nor compliance with any condition of this chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the city or town for damages to persons or property.

ARTICLE VII.

Section 1. Inspections.
  1. Periodic inspections.

    The provisions of this ordinance shall be administered and enforced by the building official or his or her designee. All work shall be subject to periodic inspections by the building official, or his or her designee. All work shall be performed in accordance with an inspection and construction control schedule approved by the building official or his or her designee, who shall maintain a permanent file on all of his or her inspections. Upon completion of the work, the developer or owner shall notify the building official or his or her designee that all grading, drainage, erosion and sediment control measures and devices, and vegetation and ground cover planting has been completed in conformance with the approval, all attached plans, specifications, conditions, and other applicable provisions of this ordinance.

  2. Final inspection.
    1. Upon notification of the completion by the owner, the building official or his or her designee shall make a final inspection of the site in question, and shall prepare a final summary inspection report of its findings which shall be retained in the department of inspections, and in the department of public works’ permanent inspections file.
    2. The applicant/owner may request the release of his or her performance bond from the building official or his or her designee twelve (12) months after the final site inspection has been completed and approved. In the instance where the performance bond has been posted with the recording of a final subdivision, the bond shall be released after the building official or his or her designee has been notified by the city or town planning director of successful completion of all plat improvements by the applicant/owner.

ARTICLE VIII. Notification.

Section 1. Noncompliance.

If, at any stage, the work in progress and/or completed under the terms of an approved erosion and sediment control plan does not conform to the plan, a written notice from the building official or his or her designee to comply shall be transmitted by certified mail to the owner. The notice shall state the nature of the temporary and permanent corrections required, and the time limit within which corrections shall be completed as established in section 2(b) of this article. Failure to comply with the required corrections within the specified time limit is considered a violation of this ordinance, in which case the performance bond or cash or negotiable securities deposit is subject to notice of default, in accordance with sections 1(b) and 1(c) of article VI.

Section 2. Penalties.
  1. Revocation or suspension of approval.

    The approval of an erosion and sediment control plan under this chapter may be revoked or suspended by the building official and all work on the project halted for an indefinite time period by the building official after written notification is transmitted by the building official to the developer for one or more of the following reasons:

    1. Violation of any condition of the approved plan, or specifications pertaining to it;
    2. Violation of any provision of this ordinance or any other applicable law, ordinance, rule, or regulation related to the work or site of work; and
    3. The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this ordinance.
  2. Other penalties.

    In addition, whenever there is a failure to comply with the provisions of this ordinance, the city or town has the right to notify the applicant/owner that he or she has five (5) days from the receipt of notice to temporarily correct the violations and thirty (30) days from receipt of notice to permanently correct the violations. Should the applicant owner fail to take the temporary corrective measures within the five (5) day period and the permanent corrective measures within the thirty (30) day period, the city or town then has the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions. The lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. The lien shall be recorded with the records of land evidence of the municipality, and the lien does incur legal interest from the date of recording. The imposition of any penalty shall not exempt the offender from compliance with the provisions of this ordinance, including revocation of the performance bond or assessment of a lien on the property by the city or town.

  3. In addition to any other penalties provided in this section, a city or town is authorized and empowered to provide by local ordinance for penalties and/or fines of not more than two hundred fifty dollars ($250) for failure to submit plans on or before the date on which the plan must be submitted, as stated in the determination of applicability. Each day that the plan is not submitted constitutes a separate offense.

ARTICLE IX.

Section 1. Definition of selected terms.
  1. Applicant:  Any persons, corporation, or public or private organization proposing a development which would involve disturbance to the natural terrain as defined in this ordinance.
  2. Coastal feature:  Coastal beaches and dunes, barrier beaches, coastal wetlands, coastal cliffs, bluffs, and banks, rocky shores, and manmade shorelines as defined in “The State of Rhode Island Coastal Resources Management Program” as amended June 28, 1983.
  3. Cut:  An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
  4. Development project:  Any construction, reconstruction, demolition, or removal of structures, roadways, parking, or other paved areas, utilities, or other similar facilities, including any action requiring a building permit by the city or town.
  5. Erosion:  The removal of mineral and/or organic matter by the action of wind, water, and/or gravity.
  6. Excavate:  Any act by which earth, sand, gravel, or any other similar material is dug into, cut, removed, displaced, relocated, or bulldozed, and includes the resulting conditions.
  7. Fill:  Any act by which earth, sand, or other material is placed or moved to a new location above ground. The fill is also the difference in elevation between a point of existing undisturbed ground and a designated point of higher elevation of the final grade.
  8. Land disturbing activity:  Any physical land development activity which includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources, or similar activities.
  9. Runoff:  The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow, and including seepage flows that do not enter the soil but run off the surface of the land. Also, that portion of water that is not absorbed by the soil, but runs off the land surface.
  10. Sediment:  Solid material, both mineral and/or organic, that is in suspension, is being transported, or has been moved from its site or origin by wind, water, and/or gravity as a product of erosion.
  11. Soil erosion and sediment control plan:  The approved document required before any person may cause a disturbance to the natural terrain within the city or town as regulated by this ordinance. Also, referred to as erosion and sediment control plan, approved plan.
  12. Watercourse:  The term watercourse means any tidewater or coastal wetland at its mean high water level, and any freshwater wetland at its seasonal high water level, including, but not limited to, any river, stream, brook, pond, lake, swamp, marsh bog, fen, wet meadow, or any other standing or flowing body of water. The edge of the watercourse shall be used for delineation purposes.

History of Section. P.L. 1982, ch. 287, § 1; P.L. 1990, ch. 261, § 1; P.L. 1991, ch. 152, § 1; P.L. 1991, ch. 334, § 1; P.L. 1991, ch. 354, § 8; P.L. 1999, ch. 354, § 51.

Compiler’s Notes.

Section 2 of P.L. 1982, ch. 287 provides that this chapter shall not be construed to impose state mandated cost pursuant to §§ 45-13-6 and 45-13-7 .

45-46-6. Severability.

If any provision of this chapter or any rule or determination made under this chapter, or application to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of this chapter.

History of Section. P.L. 1982, ch. 287, § 1.

45-46-7. Continuation of ordinances.

All lawfully adopted soil erosion and sediment control ordinances shall be brought into conformance with this chapter by July 1, 1991. Each city and town shall review its soil erosion and sediment control ordinance and make amendments or revisions that are necessary to bring it into conformance with this chapter.

History of Section. P.L. 1990, ch. 261, § 2.

Chapter 47 Municipal Liens on Fire Insurance Proceeds

45-47-1. Lien on insurance proceeds.

There is created a lien in favor of any taking jurisdiction in this state on the proceeds of any insurance policy based upon a claim made for damage or loss to a building or other structure caused by or arising out of any fire or explosion. The lien arises upon any unpaid tax, special ad valorem levy, special assessment, or other charge imposed upon real property by or on behalf of the state, a municipal corporation, or a special district which is an encumbrance on real property, whether or not evidenced by written instrument, that has remained undischarged for at least one year prior to the filing of a proof of loss. The lien also arises as a result of any costs incurred by a municipal corporation to secure, demolish, or render an unsafe building or structure or part of the structure safe, in accordance with chapter 27.3 of title 23.

History of Section. P.L. 1982, ch. 251, § 1; P.L. 1984, ch. 179, § 1.

Comparative Legislation.

Municipal liens on fire insurance proceeds:

Conn. Gen. Stat. §§ 49-73a — 49-92f.

Mass. Ann. Laws ch. 175, § 97A.

45-47-2. Certificate required for payment of claim.

  1. No insurance company shall pay any claim for more than ten thousand dollars ($10,000), as may be adjusted yearly for inflation by the insurance department, for damages arising out of a claim under an insurance policy caused by fire or explosion, without having first obtained from the insured a certificate stating:
    1. That no lien, as defined in § 45-47-1 , in favor of the taxing jurisdiction exists, or
    2. The amount of any lien.
  2. The certificate shall be in the form and from the taxing jurisdiction official, as approved and designated by the insurance commissioner pursuant to regulations promulgated under this chapter.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-3. Placement of proceeds in escrow account.

Upon certification by the designated taxing jurisdiction official that a lien has arisen, or upon the failure of the insured to obtain a certificate within thirty (30) days of the filing of the insured’s proof of loss, the loss proceeds of the policy equal to the amount of the lien or the entire loss proceeds of the policy, if the insured has not submitted the certificate pursuant to § 45-47-2 , shall be placed in an interest-bearing escrow account, and the taxing jurisdiction and the insured shall be so notified. Provided, that if the insured demonstrates that he or she has requested by certified mail a certificate, and the designated taxing jurisdiction official has not provided the certificate within fifteen (15) days of the request, all proceeds shall, if otherwise appropriate, be released to the insured, as soon as practicable.

History of Section. P.L. 1982, ch. 251, § 1; P.L. 1984, ch. 179, § 1.

45-47-4. Inclusion of provision in policies.

All policies issued in this state after January 1, 1983, shall include a provision containing a summary of this chapter, the provision to be approved by the insurance commissioner prior to its inclusion in any policy in the state. By entering into a contract of insurance with this provision, the insured and the insurer are deemed to have agreed to all lawful procedures pursuant to this chapter.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-5. Certification in lieu of payment.

Any taxing authority is authorized to certify that, in lieu of payment of all or part of the lien arising under this chapter, it has obtained satisfactory proof that the insured has or will repair or rebuild at the situs of the loss. This certification should be deemed adequate to permit payment of insurance proceeds to the insured.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-6. Applicability of chapter.

This chapter applies to claims arising on all property, including residential, commercial, or industrial buildings or structures, regardless of the occupancy status at the time of the fire or explosion loss; provided, that this chapter does not apply to owner-occupied one-to four-family dwellings.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-7. Parties to insurance contract.

This chapter does not make any taxing jurisdiction a party to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-8. Priority of lien.

Any lien arising under this chapter is superior to all liens, and interest, of any other party, including any insured owner, mortgagee, or assignee except mortgagees and assignees of bona fide mortgages. A bona fide mortgage is one granted for full and adequate value and consideration.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-9. Immunity from liability.

Insurers complying with this chapter, or attempting in good faith to comply with this chapter, are immune from civil and criminal liability, including withholding payment of any insurance proceeds pursuant to this chapter or releasing or disclosing any information pursuant to this chapter.

History of Section. P.L. 1982, ch. 251, § 1.

45-47-10. Insurance commissioner — Regulations.

The insurance commissioner is authorized to issue regulations that are necessary or desirable to implement this chapter, including, but not limited, to the name, address, and telephone number of a designated official for each taxing jurisdiction from whom certifications may be obtained.

History of Section. P.L. 1982, ch. 251, § 1.

Chapter 48 Nasonville Water District

45-48-1. Creation — Corporate powers.

  1. There is created a special water district to be known as the Nasonville water district. The district shall consist of the area bounded by the following: Beginning at the point of the intersection of Douglas Pike (Route 7) and the North Smithfield/Burrillville town line in a generally northerly direction to the mouth of the Slatersville reservoir; then following a generally westerly direction along the contours of the reservoir; and those lots abutting the southeasterly corner of the Slatersville reservoir commonly known as tax assessor’s plat 43, lots 42B, 59, 42X, 55, 42W, 42T, 42, 42Q, 45B, 45, 42A, 42U, 43, 44, and 42R; then following the southwestern border of tax assessor’s plat 43, lots 42R and 56 in an easterly direction until intersecting the northwestern corner of lot 42P, following the northwestern boundary line of lot 42P; then continuing in a generally southwesterly direction and continuing along the western boundaries of tax assessor’s plat 43, lots 42C, 42K, and 63; then proceeding in a more southerly direction following the western boundary of lot 73 until intersecting the northern boundary of lot 68; then at that intersection following the northern boundaries of lots 68 and 72; then continuing in a westerly direction along Gig Road to the northwest corner of lot 36; then following the western boundary of lot 36 and continuing in a westerly direction along the western boundary of lot 36A until intersecting with Douglas Pike (Route 7); then following Douglas Pike in an easterly direction to the point of beginning. The area within the boundaries described in this section shall be known as the Nasonville water district.
  2. The district may have a common seal, sue and be sued, and enjoy the other powers generally incident to a corporation.

History of Section. P.L. 1987, ch. 20, § 2.

Repealed Sections.

A former chapter 48 of this title (P.L. 1985, ch. 158, § 1), consisting of §§ 45-48-1 45-48-1 5 and concerning the Burrillville Water District, was repealed by P.L. 1986, ch. 291, § 1, effective June 24, 1986.

A former chapter 48 of this title (P.L. 1986, ch. 291, §§ 3-16), consisting of §§ 45-48-1 45-48-14 and concerning the Nasonville Water District, was repealed by P.L. 1987, ch. 20, § 1, effective May 7, 1987. Section 2 of P.L. 1987, ch. 20 enacted the present provisions of this chapter concerning the same subject matter, effective May 7, 1987.

45-48-2. Electors.

The inhabitants of the district qualified to vote for town officers are electors of the district and are eligible to vote in all elections of officers of the district.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-3. Annual and special meetings — Voting.

  1. The district shall hold an annual meeting on the first Tuesday in June in every year.
  2. Special meetings of the district shall be called by the clerk upon order of the administrative board or upon written application of at least five (5) electors; and whenever the subject of ordering a tax is to be acted on at any special meeting, the tax shall be mentioned in the notice. It is the duty of the clerk to fix a suitable place for the holding of all meetings, and to give notice of each meeting, both annual and special, by posting a notice in at least three (3) public places within the town at least ten (10) days before the meeting, and the notice shall contain a statement of the time and place when and where a meeting will be held for the purpose of correcting and canvassing the voting list to be used at the annual or special meeting, and it is the duty of the assessors of taxes of the district to canvass and correct the voting list in the same manner, as near as may be, or as provided by law for boards of canvassers.
  3. No vote, except upon an adjournment, or in the annual election of officers, shall be taken at any meeting of the district unless at least seven (7) electors are present at the meeting. On demand of at least one-fifth (1/5) of the qualified electors of the district present at any meeting for a ballot on any question pending at the meeting, the ballot shall be allowed; and all votes except on motion to adjourn, or on amendment to any pending proposition, shall be required by the moderator to be so taken, that the votes affirmative and negative may be by him or her counted, and the results entered by the clerk on the minutes of the meeting.
  4. It is the duty of the clerk of the district to fix a suitable place within the district for the holding of meetings and for giving notice of subsequent meetings.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-4. Officers constituting administrative board — Powers — Bylaws — Elections.

  1. The electors of the district shall at each annual meeting elect officers to serve until the next succeeding first Tuesday in June and until their successors are elected and qualified, and the offices shall consist of a moderator, clerk, treasurer, three (3) assessors, and a collector of taxes, whose duties and powers are within the district, as like officers proper for a district. The officers constitute the administrative board, and the duties of the board are prescribed in this chapter, and are defined by the bylaws of the district. Any vacancy that may occur in any of the aforenamed offices between annual meetings shall be filled by some person to be chosen by the other members of the administrative board to hold the office until the next annual meeting. The electors of the district may, at any meeting, adopt and ordain bylaws, and, from time to time, rescind or amend the bylaws, as they deem necessary and proper for the purposes of this chapter and not repugnant to it and not inconsistent with any other law; provided, that no greater penalty is inflicted by the board than is prescribed in § 45-48-10 ; and provided, further, that the electors may appoint committees they deem necessary, and may fix the compensation of all officers, agents, employees, and committees of the district.
  2. For a person to become a candidate at any election under this section, that person must secure the signatures of at least five (5) registered voters in the district. The Nasonville water district petition must be filed in the office of the clerk of the district not later than 4:00 p.m. on the tenth day prior to the election, and the clerk shall certify as to whether a sufficient number of signers have affixed their signatures to the petition.
  3. The general election laws shall govern elections under this section so far as applicable and consistent with the provisions of this chapter. Paper ballots may be used for the elections and the elections shall be at the expense of the district. The ballots shall contain no designation of party or political principle and there shall be no primaries or other preliminary election.
  4. Whenever several offices having the same title and term are to be filled at the same election, there shall be a single contest for the offices and the candidates receiving the highest numbers of votes shall be elected. All elections shall be at large. Immediately after May 7, 1987, and after each annual district election, the assessors shall choose one of their number as chairperson of the assessors and the administrative board shall choose one member of the board as chairperson of the district. The chairpersons of both bodies may be the same person. All persons presently serving the district in any capacity shall remain in their positions until replaced at the next election held pursuant to this chapter.

History of Section. P.L. 1987, ch. 20, § 2; P.L. 1988, ch. 84, § 109.

45-48-5. Exclusive authority for water distribution — Rates — Contracts.

  1. The district is authorized to obtain and maintain for the district a supply of water for the extinguishing of fire and for distribution to the inhabitants of the district, for domestic use and for other purposes, and may obtain that water by the establishment of its own works, or by contracting for it as provided in subsection (c), or in any other manner that the district may deem necessary and proper, and is not inconsistent with law. The district may also furnish water to inhabitants of the town of Burrillville outside of the boundaries of the district. If the district undertakes to distribute the water so obtained, it shall have the exclusive right to it, and may maintain an action against any person for using the water without the consent of the district, and may regulate the distribution and use of the water within and without the district, and from time to time fix water rates and charges for the water and water facilities furnished by the district, which may be based upon the quantity of water used, or the number and kind of water connections made, or the number and kind of plumbing fixtures installed on the estate, or upon the number or average number of persons residing or working in or otherwise connected with the estate, or upon any other factor affecting the use of or the value or cost of the water and water facilities furnished, or upon any combination of these factors, and the owner of any house, building, tenement, or estate is liable for the payment of the water rates and charges fixed by the district; and the water rate and charges are be a lien upon the house, building, tenement, and estate in the same way and manner as taxes assessed on real estate or liens, and, if not paid as required by the district, shall be collected by the district in the same manner that taxes assessed on real estate are by law collected. Nothing in this section, or any other section of this chapter, shall be construed as giving to the district an exclusive franchise to furnish water outside of the boundaries of the district.
  2. Without limiting the generality of the previous provisions as to water rates and charges, any contract for the sale of water to inhabitants of the town of Burrillville outside of the boundaries of the district may be recorded in the same manner as a deed of land, and, upon the recording, the obligations of the owner of the real property involved are a lien on the property and the lien is enforceable in the same manner as taxes assessed on real estate are by law collected.
  3. The district is authorized to contract, for periods not exceeding forty (40) years, with the state, any other municipal or quasi municipal corporation, or with the owners of any privately owned water system for the purchase or sale of water or for the use of water facilities, and the state, the other municipal or quasi municipal corporations, and the owners of privately owned water systems are authorized to enter into contracts with the district. In the event that the Nasonville district is furnished with water through the extension of an existing water system not within the district, the extension to the Nasonville district shall not cause the existing water system to be deemed a public utility if, prior to the extension, the system had not been a public utility as defined in § 39-1-2(20). Nor shall Nasonville district be deemed a public utility pursuant to that section if it supplies water to homes outside of the district where the groundwater is, or reasonably may be expected to become, contaminated in a manner that would render it unfit for consumption.

History of Section. P.L. 1987, ch. 20, § 2.

Compiler’s Notes.

Section 39-1-2(20), referred to in subsection (c) of this section, was redesignated as “§ 39-1-2(a)(20) ” by P.L. 2020, ch. 79, § 2.

45-48-6. Water shut off for nonpayment of charges.

In the case of nonpayment of any water rates, charges, and penalties established and required to be paid to the district for water supplied or used by the owner, tenant, or occupant of any house, building, tenement, or estate, the district is authorized by its agents and servants to shut off the water as and when it may deem advisable, and the district shall not be compelled to supply water again to the owner, tenant, or occupant of the house, building, tenement, or estate, until all charges and penalties due and unpaid to the district have been paid in full.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-7. Public hydrants — Taking of private property.

  1. The district may establish public hydrants in public places as it may see fit and prescribe for what purposes the public hydrants are used, all of which it may change in its discretion.
  2. For the purpose of this chapter the district has and enjoys all the authority and power conferred upon the electors or town council of any town, by the provisions of chapter 15 of title 39, “Water Supply”, and of all acts in amendment of it and in addition, and, when exercising this power and authority, is subject to all the duties and liabilities imposed by that chapter and acts upon towns and town councils.
  3. Upon taking any private property or interest therein, the district shall deposit in the superior court, for the payment of compensation on account of the property or properties, or interests, so taken, any sum that the court determines to be amply sufficient to satisfy the claims of all persons interested in the property (and the court may, in its discretion, take evidence to determine the sum to be deposited); the use of the funds for that purpose is a fixed obligation of the district to the extent required for that purpose; the full faith and credit of the district are deemed pledged to pay compensation as may be awarded or agreed upon; and the treasurer shall pay the compensation from any available funds, which include, but are not limited to, the funds so deposited. Upon application of the district, the court may refund to the district any money on deposit which is determined to be in excess of the amount needed.
  4. The notice specified in § 39-15-6 shall be given to the interested party personally or left at his or her last and usual place of abode in this state with some person living there. If the party is absent from this state and has no last and usual place of abode in this state occupied by that person, the notice shall be left with the persons, if any, in charge of or having possession of the land involved and another copy shall be mailed to the address of the absent party if the address is known to the officer or person making the service.
  5. If any property or right is taken in which an infant or other person not capable in law to act in his or her own behalf is interested, the superior court may appoint a guardian ad litem for the infant or other person if the infant or other person is not represented in Rhode Island by a guardian or conservator. Any guardian ad litem, or guardian or conservator, may, with the approval of the superior court, agree with the district on the compensation to be paid and, upon receipt of the compensation, release to the district all claims for damages on behalf of the infant or other incapacitated person.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-8. Acquisition of land and rights of way.

The district may acquire by agreement, purchase, or condemnation any land and rights of way that may be necessary for the purposes of the district. Whenever the district desires to take any land by condemnation, it shall file with the town clerk a description, plan, and statement of the land to be taken and a statement that the land is taken by the district pursuant to the provisions of this chapter. The statement shall be signed by the moderator and clerk of the district, and thereupon the district may commence proceedings for the acquisition of the land in accordance with the provisions of § 45-48-9 .

History of Section. P.L. 1987, ch. 20, § 2.

45-48-9. Construction and maintenance of pipes, aqueducts, and other structures. — Tax exemption.

The district may within and without the district, and within the limits of the town of Burrillville, and without the consent of the town, drive, lay, make, construct, and maintain pipes, aqueducts, conduits, machinery, or other equipment or appliances, or authorize the construction and maintenance to be done, and regulate their use; and may carry any works to be constructed, or authorized to be constructed by it, over or under any highway, turnpike, railroad, or street, in any manner so as not to permanently obstruct or impede travel; and may enter upon and dig up any highway, turnpike, road, or street for the purpose of laying down pipes or building aqueducts, upon or beneath the surface or for the purpose of repairing the pipes or aqueducts, and, if in the course of the making, constructing, or repairing, any pipe, conduit, or other structure lawfully located in a highway, turnpike, road, or street is damaged, or if the location of the pipe, conduit, or other structure is changed, the district shall reimburse the owner of the pipe, conduit, or other structure for the damage, or for the expense of the change of location. The district shall restore the highway, turnpike, road, or street so dug up, to as good a condition as before the work was done. All pipes, conduits, aqueducts, machinery, implements, equipment, appliances, and all other property of the district, used by the district for the purposes provided for by this chapter, are exempt from all taxes and assessments for state, town, or district purposes.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-10. Taxes — Assessments — Penalty for nonpayment.

The qualified voters of the district, at any of the meetings of the district, have power to order taxes, and provide for assessing and collecting the taxes on the ratable real estate and tangible personal property of the district, as it deems necessary for the purpose of obtaining and maintaining a supply of water and distributing the water for the extinguishing of fire; for power, domestic, and other uses; for establishing and maintaining and constructing water works and driving wells, and operating the water works and wells; for acquiring and leasing real estate and other property and property rights necessary for a water supply, and laying and maintaining pipes, conduits, aqueducts, and other structures connected with them, and purchasing implements, machinery, and other appliances; for the payment of the current expenses of the district; for the payment of officers, employees, and other agents as the district is authorized to elect, appoint, or otherwise choose under this chapter; and for the payment of any indebtedness that has been or may be incurred by the district; and the taxes so ordered shall be assessed by the assessors of the district on the taxable inhabitants and the property in the district according to the last valuation made by the assessors of the district on the taxable inhabitants and the property in the district according to the last valuation made by the assessors of the town next previous to the assessment, adding, however, any taxable property which may have been omitted by the town assessors or afterwards acquired, and in all cases where the town assessors have included property within and without the district in one valuation, the assessors of the district shall make an equitable valuation of that portion of the property lying within the district; and in the assessing and collecting of the taxes proceedings shall be had by the officers of the district, as near as may be, as are required to be held by the corresponding officers of towns in assessing and collecting town taxes; and the collector of taxes for the district shall, for the purpose of collecting taxes assessed by the district, have the same powers and authority as are now by law conferred on collectors of taxes for towns in this state. The district may provide for a deduction, from the tax assessed against any person if paid by an appointed time, or for a penalty, by way of percentage on the tax if not paid at the appointed time, not exceeding twelve percent (12%) per annum, as it deems necessary to insure punctual payment; provided, that the tax assessed in any one year under the provisions of this section shall not exceed ten (10) mills on each dollar of the valuation.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-11. Issuance of bonds.

For the purpose of raising money to carry out the provisions of this chapter, the district is authorized and empowered to issue bonds under its corporate bond and seal. The bonds of each issue shall be dated, bear interest at a rate or rates, and mature at a time or times not exceeding forty (40) years from their dates of issue, as may be determined by the officers of the district, and may be made redeemable before maturity at a price or prices and under terms and conditions that may be fixed by the officers of the district prior to the issue of the bonds. The officers of the district shall determine the form of the bonds, including interest coupons to be attached to them, and the manner of their execution, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall bear the seal of the district or a facsimile of the seal.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-12. Redemption of bonds.

The district may at any time deposit with the trustee, under its then existing bond resolution a sum sufficient, with amounts then on deposit, including the debt service reserve fund, to purchase direct obligations of the United States of America which are adequate to pay the entire principal amount of the bonds secured by the resolution, together with the interest to maturity, or to an applicable redemption date specified by the district to the trustee and any applicable redemption premium; or the district may deposit direct obligations of the United States of America in lieu of money for their purchase. The obligations are deemed adequate if the principal and interest payable on them are sufficient to pay the previously mentioned sums when due. Upon any deposit of money and a request by the district, the trustee shall purchase direct obligations of the United States of America. When adequate direct obligations of the United States of America are held by the trustee pursuant to this section, the bond resolution shall cease to be in effect. The obligations and their proceeds shall be held in trust for the benefit of the bondholders, and the trustee shall, on behalf of the district, call bonds for redemption on the applicable redemption date specified pursuant to this section. Any compensation or expenses of the trustee in carrying out this section shall be paid by the district, and any surplus funds held by the trustee under this section shall be remitted by the trustee to the district.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-13. Malicious damage — Civil and criminal penalties.

If any person maliciously or wantonly destroys or damages any hydrant, pipe, aqueduct, conduit, machinery, equipment, appliance, or other property of the district used for the purposes provided for in this chapter, that person, whether principal or accessory, forfeits to the district, to be recovered by an action of trespass on the case, treble the amount of damages which appear to have been sustained, and shall also be liable to indictment, and, upon conviction, shall be fined not more than one hundred dollars ($100) or imprisoned not more than one year, or shall suffer both fine and imprisonment.

History of Section. P.L. 1987, ch. 20, § 2.

45-48-14. Severability.

This chapter shall be construed in all respects to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional or other legal requirements whether or not these steps are expressly required by statute. If, after the application of the provisions of this section, any of the provisions of this chapter, or its application to any circumstances, shall be held unconstitutional by any court of competent jurisdiction, that decision shall not affect or impair the validity of the application of those provisions to other circumstances or the validity of any of the other provisions of this chapter.

History of Section. P.L. 1987, ch. 20, § 2.

Chapter 48.1 West Greenwich Water District

45-48.1-1. Creation.

  1. There is created a body corporate and public and a political subdivision of the state, a special water district to be known as the West Greenwich water district located in the town of West Greenwich established for the purpose of providing adequate water supply to the residents of the district and to others who may contract with the district for water supply. The district shall consist of the area bounded by the following: a line two hundred fifty (250) feet from either side of Victory Highway, Route 102, commencing at the intersection of Victory Highway and Sharpe Street and Plain Meeting House Road and continuing south to Pole 84 and the intersection Victory Highway and Linden Lane; a line two hundred fifty (250) feet on either side of Brown’s Corner Road from Victory Highway and continuing to the intersection Brown’s Corner Road with Stubble Brook Road and the W. Alton Jones Campus of the University of Rhode Island; a line two hundred fifty (250) feet on either side of Linden Lane, Stratford Court and Kings Daughter Court; a line two hundred fifty (250) feet on either side of Regina Drive commencing at the intersection of Linden Lane and continuing to the intersection of Regina Drive with Heather Hollow Road. The area within the boundaries described in this section shall be known as the West Greenwich water district.
  2. The district is hereby constituted an independent public instrumentality and the exercise by the district of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function. The district shall not be subject to the supervision of the town or of any department, commission, board, bureau or agency of the town except to the extent and in the manner provided in this chapter.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-2. Composition of board.

Except as otherwise provided in this chapter, the powers of the district shall be exercised by a board of three (3) members, each of whom shall be a resident of the district. These members shall be appointed by the town administrator of the town, subject to approval by the town council. The members shall be appointed and serve in office for terms of one, two (2), and three (3) years, respectively. Thereafter, the members shall be appointed for a term of three (3) years or, in the case of an appointment to fill a vacancy, for the unexpired term, and until his or her successor is appointed and qualified. A member shall hold office until his or her successor has been appointed and qualified. Any member of the board shall be eligible for reappointment. Any member of the board may be removed by the town council at any time for cause shown. No vacancy in the membership of the board shall impair the right of a quorum to exercise the powers of the district. Two (2) members of the board shall constitute a quorum and the affirmative vote of two (2) members shall be necessary for any action taken by vote of the board. Any such action shall take effect immediately unless otherwise provided and need not be published or posted.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-3. Officers and employees of board.

  1. The chairperson of the board shall be selected by the majority vote of the members of the board. The board shall appoint a secretary and a treasurer who may or may not be members of the board.
  2. The board may from time to time hire, transfer or otherwise appoint or employ legal counsel, financial advisors and such other experts, engineers, agents, accountants, clerks, and other consultants and employees as it deems necessary and determine their duties.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-4. Compensation of board members.

The members of the board shall receive no compensation for the performance of their duties under this chapter. Each member may be reimbursed for all reasonable and necessary expenses incurred in the discharge of official duties as approved by the board.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-5. Powers.

The board shall have all the rights and powers necessary or convenient to carry out and effectuate this chapter, including, but without limiting the generality of the foregoing, the rights and powers:

  1. To adopt bylaws for the regulation of its affairs and the conduct of its business, to promulgate rules, regulations and procedures in connection with the performance of its functions and duties and to fix, enforce and collect penalties for the violation thereof;
  2. To adopt an official seal and alter the same at pleasure;
  3. To maintain an office at such place or places as it may determine;
  4. To apply for, receive, accept, administer, expend and comply with the conditions, obligations and requirements respecting any grant, gift, loan, including without limitation any grant, gift or loan from agencies of local, state and federal governments, donation or appropriation of any property or money in aid of the purposes of the district and to accept contributions of money, property, labor or other things of value;
  5. To acquire by purchase, lease, lease-purchase, sale and leaseback, gift or devise, or to obtain options for the acquisition of any water or water rights and any other property, real or personal, tangible or intangible, or any interest therein, in the exercise of its powers and the performance of its duties;
  6. To sell, lease, mortgage, exchange, transfer to otherwise dispose of, or to grant options for any such purposes with respect to, any water, water rights, and any other property, real or personal, tangible or intangible, or any interest therein;
  7. To enter onto any land to make surveys, borings, soundings and examinations thereon, provided that said district shall make reimbursements for any injury or actual damage resulting to such lands and premises caused by any act of its authorized agents or employees and shall so far as possible restore the land to the same condition as prior to the making of such surveys, borings, soundings and examinations; and to acquire by eminent domain any interest in real property within the district in the name of the district in accordance with the provisions of this chapter;
  8. To purchase water in bulk or by volume, and to sell water to, any person, private or public corporation or public instrumentality or municipality, the state and the federal government;
  9. To plan, construct, improve, extend, enlarge, maintain and repair the water works system;
  10. To pledge or assign any money, fees, charges, or other revenues of the district and any proceeds derived by the district from the sale of property, insurance or condemnation awards;
  11. To borrow money and incur indebtedness and issue its bonds and notes as hereinafter provided;
  12. To make contracts of every name and nature and to execute and deliver all instruments necessary or convenient for carrying out any of its purposes;
  13. To establish public hydrants in public places as it may see fit and prescribe for what purposes the public hydrants are used, all of which it may change in its discretion;
  14. To enter into contracts and agreements with the town in all matters necessary, convenient or desirable for carrying out the purposes of this chapter including, without limiting the generality of the foregoing, collection of revenue, data processing, and other matters of management, administration and operation;
  15. To sue and be sued and to prosecute and defend actions relating to is properties and affairs; provided that only property of the district other than revenues pledged to the payment of bonds and notes shall be subject to attachment or levied upon execution or otherwise;
  16. To lend money for its purposes, invest and reinvest its funds and at its option to take and hold real and personal property as security for the funds so loaned or invested;
  17. To do all things necessary, convenient or desirable for carrying out the purposes of this chapter or the powers expressly granted or necessarily implied in this chapter, including entering into agreements with other cities, towns or districts to provide for the joint operation of water supply activities;
  18. Consistent with the constitution and laws of the state, the district shall have such other powers, including all powers pertaining to the water works system not inconsistent herewith, as may be necessary for or incident to carrying out the foregoing powers and the accomplishment of the purposes of this chapter; provided, however, that nothing in this chapter shall impose any duty on the district to maintain groundwater levels within or without the boundaries of the district.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-6. Additional powers and limitations.

In addition to the powers of the district otherwise provided herein, the district shall have the following powers and shall be subject to the following limitations:

  1. The district is authorized and empowered to fix, revise, charge, collect and abate fees, rates, rents, assessments, delinquency charges and other charges for water, and other services, facilities and commodities furnished or supplied by it including penalties for violations of such regulations as the district may from time to time promulgate under this chapter. Fees, rates, rents, assessments, delinquency charges and other charges of general application shall be adopted and revised by the district in accordance with procedures to be established by the district for assuring that interested persons are afforded notice and an opportunity to present data, views and arguments. Such fees, rates, rents, assessments and other charges may be based on the quantity of water used or the number and kind of water connections made, or the number and kind of plumbing fixtures installed on the estate, or upon the number or average number of persons residing or working in or otherwise connected with the estate, or upon any other factor affecting the use of or the value or cost of the water and water facilities furnished, or upon any combination of these factors. The district shall hold at least one public hearing on its schedule of fees, rates and charges or any revision thereof prior to adoption, notice of which shall be published in a newspaper of substantial circulation in the district at least one month in advance of the hearing. No later than the date of such publication the district shall make available to the public the proposed schedule of fees, rates and charges. Fees, rates, rents, assessments, abatements and other charges established by the district shall not be subject to supervision or regulation by any department, division, district, board, bureau, or agency of the state or any of its political subdivisions, including, without limitation, the public utilities commission and the division of public utilities pursuant to chapters 1 — 5 of title 39.
  2. The fees, rates, rents, assessments and other charges established by the district in accordance with subdivision (1) shall be so fixed and adjusted in respect to the aggregate thereof so as to provide revenues at least sufficient: (i) to pay the current expenses of the district, (ii) to pay the principal of, premium, if any, and interest on bonds, notes, or other evidences of indebtedness issued by the district under this chapter as the same become due and payable, (iii) to create and maintain such reasonable reserves as may be reasonably required by any trust agreement or resolution securing bonds and notes, (iv) to provide funds for paying the cost of all necessary repairs, replacements and renewals of the water works system, and (v) to pay or provide for any amounts which the district may be obligated to pay or provide for by law or contract including any resolution or contract with or for the benefit of the holders of its bonds and notes.
  3. In order to provide for the collection and enforcement of its fees, rates, rents, assessments and other charges, the district is hereby granted all the powers and privileges with respect to such collection and enforcement held by a town of liens for unpaid taxes. In addition to the other enforcement powers and remedies provided in this chapter, if any fees, rates, rents, assessments or other charges billed by the district against any premises which are connected with the water works system remain unpaid for a period of more than sixty (60) days from the due date thereof, and following such period notice and demand have been posted on such premises and have been given to the owner of said premises, by registered or certified mail addressed to said premises and to the address of said owner as shown on the records of the assessor of the town and to occupants of said premises by mail, to pay the same within fifteen (15) days from the date of mailing of said notice, and such fees, rates, rents, assessments or other charges remain unpaid, the district shall have the power and is hereby authorized to shut off the supply of water to said premises until said fees, rates, rents, assessments or other charges and penalties are paid, together with interest thereon at the applicable rate and the standard charge of the district for restoring water service to said premises.
  4. In the month of January of each year the board shall make an annual report to the town council of the town of its activities for the preceding fiscal year and a copy of the annual report shall be submitted to the Water Resources Board and the department of health by February 1. Each report shall set forth a complete operating and financial statement covering its operations during the year. The district shall cause the books, records and accounts of the district to be reviewed or audited by a certified public accountant.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-7. Exclusive authority for water distribution — Contracts.

  1. The district is authorized to obtain and maintain for the district a supply of water for the extinguishing of fire and for distribution to the inhabitants of the district, for domestic use and for other purposes, and may obtain that water by the establishment of its own works, or by contracting for it as provided in subsection (c), or in any other manner that the district may deem necessary and proper, and is not inconsistent with law. The district may also furnish water to inhabitants of the towns outside of the boundaries of the district. If the district undertakes to distribute the water so obtained, it shall have the exclusive right to it, and may maintain an action against any person for using the water without the consent of the district, and may regulate the distribution and use of the water within and without the district. Nothing is this section, or any other section of this chapter, shall be construed as giving to the district an exclusive franchise to furnish water outside of the boundaries of the district.
  2. Without limiting the generality of the previous provisions as to fees, rates, rents, assessments and charges, any contract for the sale of water to inhabitants of a town outside of the boundaries of the district may be recorded in the same manner as a deed of land, and, upon the recording, the obligations of the owner of the real property involved are a lien on the property and the lien is enforceable in the same manner as taxes assessed on real estate are by law collected.
  3. The district is authorized to contract, for periods not exceeding forty (40) years, with the state, any other municipal or quasi-municipal corporation, or with the owners of any privately owned water system for the purchase or sale of water or for the use of water facilities, and the state, the other municipal or quasi-municipal corporations, and the owners of privately owned water systems are authorized to enter into contracts with the district. Notwithstanding § 39-1-2(20) of the general laws, neither the district nor its governing body shall be deemed to be a public utility, and the district and its governing body shall not be subject to chapters 1 — 5 of title 39.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

Compiler’s Notes.

Section 39-1-2(20), referred to in subsection (c) of this section, was redesignated as “§ 39-1-2(a)(20) ” by P.L. 2020, ch. 79, § 2.

45-48.1-8. Condemnation power.

  1. If for any of the purposes of this act, the district shall find it necessary to acquire any real property, whether for immediate or future use, the district may find and determine that the property, whether a fee simple absolute or a lesser interest, is required for the acquisition, construction or operation of a water supply facility, and upon that determination, the property shall be deemed to be required for public use until otherwise determined by the district; and with the exceptions hereinafter specifically noted, the determination shall not be affected by the fact that the property has theretofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the district shall be deemed superior to the public use in the hands of any other person, association or corporation; provided further, however, that no real property or interest, estate or right belonging to the state shall be acquired without consent of the state; and no real property or interest, estate or right belonging to any municipality shall be acquired without the consent of the municipality.
  2. The district may proceed to acquire and is hereby authorized to and may proceed to acquire property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent domain in the manner prescribed in this act.
  3. Nothing in this section shall be construed to prohibit the district from bringing any proceedings to remove a cloud on title or other proceedings as it may, in its discretion, deem proper and necessary, or from acquiring any property by negotiation or purchase.
  4. The necessity for the acquisition of property under this act shall be conclusively presumed upon the adoption by the district of a vote determining that the acquisition of property or any interest in property described in its vote is necessary for the acquisition, construction or operation of a water supply facility. Within six (6) months after its passage, the district shall cause to be filed in the appropriate land evidence records a copy of its vote together with a statement signed by the chairperson or treasurer of the district that the property is taken pursuant to this act, and also a description of real property indicating the nature and extent of the estate or interest therein taken as aforesaid and a plat thereof, a copy of the vote and statement of the chairperson or treasurer shall be certified by the secretary of the district and the description and plat shall be certified by the city or town clerk for the city or town where the real property lies.
  5. Forthwith thereafter the district shall cause to be filed in the superior court in and for the county within which the real property lies a statement of the sum of money estimated to be just compensation for the property taken, and shall deposit in the superior court to the use of the persons entitled thereto the sum set forth in the statement. The district shall satisfy the court that the amount so deposited with the court is sufficient to satisfy the just claims of all persons having an estate or interest in the real property. Whenever the district satisfies the court that the claims of all persons interested in the real property taken have been satisfied, the unexpended balance shall be ordered repaid forthwith to the district.
  6. Upon the filing of the copy of the vote, statement, description and plat in the land evidence records and upon the making of the deposit in accordance with the order of the superior court, title to the real property in fee simple absolute or such lesser estate or interest specified in the resolution shall vest in the district, and the real property shall be deemed to be condemned and taken for the use of the district and the right to just compensation for the same shall vest in the persons entitled thereto, and the district thereupon may take possession of the real property. No sum so paid into the court shall be charged with clerks’ fees of any nature.
  7. After the filing of the copy of the vote, statement, description and plat, notice of the taking of land or other real property shall be served upon the owners or persons having any estate or interest in the real property by the sheriff or his or her deputies of the county in which the real estate is situated by leaving a true and attested copy of the vote, statement, description and plat with each of the persons personally, or at the last and usual place of abode in this state with some person living there, and in case of any such persons absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the person or persons, if any, in charge of, or having possession of the real property taken of such absent persons, and another copy thereof shall be mailed to the address of such person, if the address is known to the officer serving the notice.
  8. After the filing of the vote, description and plat, the district shall cause a copy of the vote and description to be published in some newspaper having general circulation in the city or town in which the real property lies at least once a week for three (3) successive weeks.
  9. If any party shall agree with the district upon the price to be paid for the value of the real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right or interest therein, the court, upon application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in the proceedings; provided, however, that no payment shall be made to any official or employee of the district for any property or interest therein acquired from such official or employee unless the amount of the payment is determined by the court to constitute just compensation to be awarded in the proceedings.
  10. Any owner of, or person entitled to any estate or right in, or interested in any part of the real property so taken, who cannot agree with the district upon the price to be paid for his or her estate, right or interest in the real property so taken and the appurtenant damage to the remainder, may, within three (3) months after personal notice of the taking, or if he or she has no personal notice, may within one year from the time the sum of money estimated to be just compensation is deposited in the superior court to the use of the persons entitled thereto, apply by petition to the superior court for the county in which the real property is situated, setting forth the taking of his or her land, his or her estate or interest therein, and paying for an assessment or damages by the court or by a jury. Upon the filing of the petition, the court shall cause twenty (20) days’ notice of the pendency thereof to be given to the district by serving the chairperson or treasurer of the district with a certified copy thereof.
  11. After the service of notice, the court may proceed to trial. The trial shall be conducted as other civil actions at law are tried. The trial shall determine all questions of fact relating to the value of the real property, and any estate or interest therein, and the amount thereof and the appurtenant damage to any remainder and the amount thereof, and the trial and decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move for new trial, and to appeal, as are provided by law. Upon the entry of judgment in the proceedings, execution shall be issued against the money so deposited in court and in default thereof against any other property of the district.
  12. In case two (2) or more petitioners make claim to the same real property, or to any estate or interest therein, or to different estates or interests in the same real property, the court shall, upon motion, consolidate their several petitions for trial at the same time and may frame all necessary issues for the trial thereof.
  13. If any real property or any estate or interest in property or an estate, in which any infant or other person not capable in law to act in his or her own behalf is interested, is taken under the provisions of this act, the superior court, upon the filing of a petition by or in behalf of an infant or person or by the district may appoint a guardian ad litem for the infant or other person. Guardians may, with the advice and consent of the superior court, and upon terms the superior court may prescribe, release to the district all claims for damages for the land of the infant or other person or for any estate or interest therein. Any lawfully appointed, qualified and acting guardian or other fiduciary of the estate of any infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the infant or other person, may before the filing of any petition, agree with the infant or other person for any taking of his or her real property or of his or her interest or estate, and may upon receiving the amount, release to the district all claims for damages for the infant or other person for the taking.
  14. In case any owner of or any person having an estate or interest in real property shall fail to file his or her petition as above provided, the superior court for the county in which the real property is situated, in its discretion, may permit the filing of a petition within one year subsequent to the year following the time of the deposit in the superior court of the sum of money estimated to be just compensation for the property taken; provided, the person shall have had no actual knowledge of the taking of land in season to file the petition; and provided, no other person or persons claiming to own the real property or estate or interest therein shall have been paid the value thereof; and provided, no judgment had been rendered against the district for the payment of the value to any other person or persons claiming to own the real estate.
  15. In any real property or any estate or interest therein is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court for the county in which the real property lies, the district, after the expiration of two (2) years from the first publication of the copy of the vote, statement and description, may petition the court that the value of the estate or interest or the unknown person or persons be determined. After notice by publication to the person or persons as the court in its discretion may order, and after hearing on the petition, the court shall fix the value of the estate or interest and shall order the sum to be deposited in the registry of the court in a special account to accumulate for the benefit of the person or persons, if any, entitled thereto. The receipt of the clerk of the superior court shall constitute a discharge of the district from all liability in connection with the taking. When the person entitled to the money deposited shall have satisfied the superior court of his or her right to receive the same, the court shall cause it to be paid over to him or her, with all accumulations thereon.
  16. The superior court shall have power to make orders with respect to encumbrances, liens, taxes and other charges on the land, if any, as shall be just and equitable.
  17. Whenever in the opinion of the district a substantial saving in the cost of acquiring title can be effected by conveying other real property, title to which is in the district, to the person or persons from whom the estate or interest in real property is being purchased or taken, or by the construction or improvement by the district of any work or facility upon the remaining real property of the person or persons from whom the estate or interest in real property is being purchased or taken, the district shall be and hereby is authorized to convey other real property to the person or persons from whom the estate or interest in real property is being purchased or taken and to construct or improve any work or facility upon the remaining land of the person or persons.
  18. At any time during the pendency of any proceedings for the assessment of damages for property or interests taken or to be taken by eminent domain by the district, the district or any owner may apply to the court for an order directing an owner or the district, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon the application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-9. Construction and maintenance of pipes, aqueducts and other structures — Tax exemption.

The district may within and without the district, and within the limits of the town of West Greenwich, and without the consent of the town, drive, lay, make, construct, and maintain pipes, aqueducts, conduits, machinery, or other equipment or appliances, or authorize the construction and maintenance to be done, and regulate their use; and may carry any works to be constructed, or authorized to be constructed by it, over or under any highway, turnpike, railroad, or street, in any manner so as not to permanently obstruct or impede travel; and may enter upon and dig up any highway, turnpike, road or street for the purpose of laying down pipes or building aqueducts, upon or beneath the surface or for the purpose of repairing the pipes or aqueducts, and, if in the course of making, constructing, or repairing, any pipe, conduit, or other structure lawfully located in a highway, turnpike, road, or street is damaged, or if the location of the pipe, conduit, or other structure is changed, the district shall reimburse the owner of the pipe, conduit, or other structure for the damage, or for the expense of the change of location. The district shall restore the highway, turnpike, road, or street so dug up, to as good a condition as before the work was done.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-10. Issuance of bonds and notes.

  1. For the purpose of raising money to carry out the provisions of this chapter, the district is authorized and empowered to issue bonds and notes in anticipation of bonds. The bonds and notes may be issued hereunder as general obligations of the district or as special obligations payable solely from particular funds. Without limiting the generality of the foregoing, the bonds and notes may be issued to pay or refund notes issued in anticipation of the issuance of bonds, to pay the cost of any acquisition, extension, enlargement, or improvement of the water works system, to pay expenses of issuance of the bonds and the notes, to provide reserves for debt service, repairs, and replacements or other costs or current expenses as may be required by a trust agreement or resolution securing bonds or notes of the district, or for any combination of the foregoing purposes. The bonds of each issue shall be dated, bear interest at a rate or rates, and mature at a time or times not exceeding forty (40) years from their dates of issue, as may be determined by the officers of the district, and may be made redeemable before maturity at a price or prices and under terms and conditions that may be fixed by the officers of the district prior to the issue of the bonds. The officers of the district shall determine the form of the bonds and notes, including interest coupons, if any, to be attached to them, and the manner of their execution, and shall fix the denomination or denominations of the bonds and notes and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall bear the seal of the district or a facsimile of the seal. In case any officer whose signature or a facsimile of whose signature shall appear on any notes, bonds or coupons shall cease to be an officer before the delivery thereof, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until after the delivery. The district may also provide for authentication of bonds or notes by a trustee or fiscal agent. Bonds may be issued in bearer or in registered form, or both, and if notes, may be made payable to bearer or to order, as the district may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of bonds registered as to both principal and interest and for the interchange of bonds registered as to both principal and interest and for the interchange of registered and coupon bonds. The issue of notes shall be governed by the provisions of this chapter relating to the issue of bonds in anticipation of bonds as may be applicable. Notes issued in anticipation of the issuance of bonds including any renewals, shall mature no later than five (5) years from the date of the original issue of the notes. The district may by resolution delegate to any member of the district or any combination of them the power to determine any of the matters set forth in this section including the power to award bonds or notes to a purchaser or purchasers at public sale. The district may sell its bonds and notes in a manner, either at public or private sale, for a price, at a rate or rates of interest, or at a discount in lieu of interest, as it may determine will best effect the purposes of this chapter.
  2. The district may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds shall have been executed and are available for delivery. The district may also provide for the replacement of any bonds which shall have become mutilated or shall have been destroyed or lost.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1; P.L. 2009, ch. 310, § 64.

45-48.1-11. Issuance of notes in anticipation of revenue or receipt of grants or other aid.

The district may also provide by resolution for the issuance, from time to time, of temporary notes in anticipation of the revenues to be collected or received by the district in any year, or in anticipation of the receipt of federal, state or local grants or other aid. Notes issued in anticipation of revenues, including any renewals thereof, shall mature no later than one year from their respective dates, and that notes issued in anticipation of federal, state or local grants or other aid including any renewals thereof, shall mature no later than three (3) years from their respective dates. The issue of the notes shall be governed by the provisions of this chapter relating to the issue of bonds or other notes as may be applicable.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-12. Payment of bonds and notes.

  1. The principal of premium, if any, and interest on all bonds and notes issued under the provisions of this chapter, unless otherwise provided herein, shall be general obligations of the district or shall be payable solely from the funds provided therefor from revenues as herein provided.
  2. In the discretion of the board, any bonds and notes issued hereunder may be secured by a resolution of the board or by a trust agreement between the district and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state, and the trust agreement shall be in a form and executed in a manner as may be determined by the district. The trust agreement or resolution may pledge or assign, in whole or in part, the revenues and other moneys held or to be received by the district, including the revenues from any facilities already existing when the pledge or assignment is made, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the district, and the proceeds thereof. The trust agreement or resolution may contain provisions for protecting and enforcing the rights, security and remedies of the bondholders or noteholders as may, in the discretion of the district, be reasonable and proper and not in violation of law, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the district in relation to the acquisition, construction, improvement, enlargement, alteration, equipping, furnishing, maintenance, use, operation, repair, insurance, and disposition of the water works system, or other property of the district, the custody, safeguarding, investment and application of moneys, the issue of additional or refunding bonds and notes, the fixing, revision and collection of fees, rates, rents, assessments, or other charges, the use of any surplus bond and note proceeds, the establishment of reserves, and the making and amending of contracts.
  3. In the discretion of the board, any bonds or notes issued under authority of this chapter, may be issued by the district in the form of lines of credit, loans, or other banking arrangements and under such terms and conditions, not inconsistent with this chapter, and under such agreements with the purchasers or makers thereof, as the board may determine to be in the best interest of the district. In addition to other security provided herein or otherwise by law, bonds or notes issued by the district under any provision of this chapter may be secured, in whole or in part, by insurance or letters or lines of credit or other credit facilities, and the district may pledge or assign any of its revenues as security for the reimbursement by the district to the issuers of such insurance, letters or lines of credit or other credit facilities of any payments made under the insurance or letters or lines of credit or other credit facilities.
  4. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, notes, revenues, or other moneys under any trust agreement or resolution and to furnish indemnification or to pledge securities and issue letters of credit as may be required by the district. Any pledge of revenues or other property made by the district under this chapter shall be valid and binding and shall be deemed continuously perfected from the time when the pledge is made; the revenues, moneys, rights and proceeds so pledged and then held or thereafter acquired or received by the district shall immediately be subject to the lien of the pledge without any physical delivery or segregation thereof or further act; and the lien of any pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the district, irrespective of whether the parties have notice thereof. Neither the resolution, any trust agreement nor any other agreement by which a pledge is created need be filed or recorded except in the records of the district.
  5. Any holder of a bond or note issued by the district under the provisions of this chapter or of any of the coupons appertaining thereto and any trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by the trust agreement or resolution securing the same, may bring suit upon the bonds or notes or coupons and may, either at law or in equity, by suit, action, mandamus or other proceedings for legal or equitable relief, including proceeding for the appointment of a receiver to take possession and control of the business and properties of the district, too operate and maintain the same, to make any necessary repairs, renewals and replacements in respect thereof and to fix, revise and collect fees and charges, protect and enforce any and all rights under the trust agreement, resolution or other agreement, and may enforce and compel the performance of all duties required by this act or by the trust agreement or resolution to be performed by the district or by any officer thereof.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-13. Refunding bonds and notes.

The district may issue refunding bonds and notes for the purpose of paying any of its bonds or notes at maturity or upon acceleration or redemption. Refunding bonds and notes may be issued at a time prior to the maturity or redemption of the refunded bonds or notes as the district deems to be in the public interest. Refunding bonds and notes may be issued in sufficient amounts to pay or provide the principal of the bonds or notes being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of the bonds or notes, the expenses of issue of refunding bonds or notes, the expenses of redeeming bonds or notes being refunded and such reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds or notes as may be required by a trust agreement or resolution securing bonds or notes. The issue of refunding bonds or notes, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties and obligations of the district in respect of the same shall be governed by the provisions of this chapter relating to the issue of bonds or notes other than refunding bonds or notes insofar as the same may be applicable.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-14. Defeasance of bonds or notes.

The district may at any time deposit with a trustee, a sum sufficient, with amounts then on deposit, including the debt service reserve fund, to purchase direct or guaranteed obligations of the United States of America which are adequate to pay the entire principal amount of the bonds or notes of a series, together with the interest to maturity, or to an applicable redemption date specified by the district to the trustee and any applicable redemption premium; or the district may deposit direct or guaranteed obligations of the United States of America in lieu of money for their purchase. The obligations are deemed adequate if the principal and interest payable on them are sufficient to pay the previously mentioned sums when due. Upon any deposit of money and a request by the district, the trustee shall purchase direct or guaranteed obligations of the United States of America. When adequate direct or guaranteed obligations of the United States of America are held by the trustee pursuant to this section, the bond resolution or indenture shall cease to be in effect with respect to such series of bonds or notes. The obligations and their proceeds shall be held in trust for the benefit of the bondholders or noteholders, and the trustee shall, on behalf of the district, call bonds or notes for redemption on the applicable redemption date. Any compensation or expenses of the trustee in carrying out this section shall be paid by the district, and any surplus funds held by the trustee under this section shall be remitted by the trustee to the district.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-15. Credit of state and municipality not pledged.

Bonds, notes and other evidences of indebtedness issued or entered into under the provisions of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the state or of any city or town, but shall be payable solely from the revenues of the district. All bonds, notes and other evidences of indebtedness, shall contain on the face thereof a statement to the effect that neither the state nor any city or town shall be obligated to pay the same and that neither the faith and credit nor the taxing power of the state or of any city or town is pledged to the payment of the principal of or interest on such bonds or notes. Each bond or note shall also recite whether it is a general obligation of the district or a special obligation thereof payable solely from particular funds pledged to its payment.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-16. Moneys received deemed to be trust funds.

All moneys received pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds or notes or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-17. Bonds eligible for investment.

The bonds and notes issued under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, co-operative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision, of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-18. Bonds and notes issued without consent of other entities.

Bonds and notes may be issued under this chapter without obtaining the consent of any department, division, commission, board, bureau or agency of the state or the town, including the public utilities commission and the division of public utilities pursuant to chapters 1 — 5 of title 39, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required therefor by this chapter, and the validity of and security for any bonds and notes issued by the district shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions or things.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-19. Tax exemption.

Except as may be required by chapter 15.3 of title 46, the district and all its revenues, income and real and personal property shall be exempt from taxation and from betterments and special assessments and the district shall not be required to pay any tax, excise or assessment to or for the state or any of its political subdivisions; provided, however, that the district is authorized to enter into agreements to make annual payments in lieu of taxes with respect to property of the district located outside the town. Bonds and notes issued by the district and their transfer and the income therefrom, including any profit made on the sale or exchange thereof, shall at all times be exempt from taxation by the state and all political subdivisions of the state. The district shall not be required to pay any transfer tax of any kind on account of instruments recorded by it or on its behalf.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-20. Malicious damage — Civil and criminal penalties.

If any person maliciously or wantonly destroys or damages any hydrant, pipe, aqueduct, conduit, machinery, equipment, appliance, or other property of the district used for the purposes provided for in this chapter, that person, whether principal or accessory, forfeits to the district, to be recovered by an action of trespass on the case, treble the amount of damages which appear to have been sustained, and shall also be liable to indictment, and, upon conviction, shall be fined not more than one hundred dollars ($100) or imprisoned not more than one year, or shall suffer both fine and imprisonment.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

Cross References.

Initiating prosecution of lesser offenses, § 12-12-1.3 .

Indictment construed, § 12-12-1.11 .

45-48.1-21. Records — Reports — Inspection.

The district shall at all times keep full and accurate accounts of its receipts, expenditures, disbursements, assets and liabilities, which shall be open to inspection by any officer or duly appointed agent of the state or the town.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-22. Termination or dissolution of district.

Upon termination or dissolution of the district, the title to all funds and other properties owned by it which remain after payment of all bonds and notes and other obligations of the district shall vest in the town.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-23. Inconsistent laws or ordinances inoperative.

Except as otherwise provided herein, any provisions of any special law and part of any special law and all ordinances and parts of ordinances pertaining to the water works system which are inconsistent with the provisions of this chapter shall be inoperative and cease to be effective.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-24. Provisions of act controlling.

The provisions of this chapter shall be deemed to provide an exclusive, additional, alternative and complete method for the doing of the things authorized hereby and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the district by law; provided, however, that insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, administrative order or regulation, or law of the town, the provisions of this chapter shall be controlling.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-25. Pledge not to alter rights of district.

The state does hereby pledge to and agree with the holders of the bonds, notes, and other evidences of indebtedness of the district that the state will not limit or alter rights hereby vested in the district until the bonds, notes, or other evidences of indebtedness, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any actions or proceedings by or on behalf of the bondholders and noteholders, are fully met and discharged.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-26. Construction of act.

This chapter, being necessary for the welfare of the district and its inhabitants, shall be liberally construed to effect the purposes hereof.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

45-48.1-27. Severability.

This chapter shall be construed in all respects to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional or other legal requirements whether or not these steps are expressly required by statute. If, after the application of the provisions of this section, any of the provisions of this chapter, or its application to any circumstances, shall be held unconstitutional by any court of competent jurisdiction, that decision shall not affect or impair the validity of the application of those provisions to other circumstances or the validity of any of the other provisions of this chapter.

History of Section. P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.

Chapter 49 School Age Child Care

45-49-1. Purpose of chapter.

In recognition of the growing number of school age children who have no adult supervision at certain periods when school is not in session, the purposes of this chapter are as follows:

  1. To encourage the development of partnerships among parents, school systems, municipal governments, and child care providers to serve the interests of school age children in need of before and after school care;
  2. To promote the availability of child care services to school age children in need of these services;
  3. To encourage and assure maximum use of the public schools in the establishment and operation of and provision for school age child care programs;
  4. To provide financial assistance for the establishment and operation of school age child care programs; and
  5. To encourage school committees, municipal governments, and community organizations to assess the need for school age child care services, and to promote public awareness of the need to provide before and after school child care and of the availability of programs to provide these services.

History of Section. P.L. 1986, ch. 524, § 1; P.L. 1989, ch. 258, § 1.

Comparative Legislation.

School-age child care:

Conn. Gen. Stat. §§ 17-48 — 17-52b.

45-49-2. Authority of school committees and municipal governments — Program requirements.

  1. All city and town school committees have the power to establish and operate, contract for, and/or make provision for programs to provide before and after school care and vacation day care for school age children in public school buildings. The provisions of title 16 are not applicable to any of these day care committees.
  2. All city and town school committees, city and town councils, and/or city and town managers, administrators, and mayors, as may be appropriate according to the form of government of each municipality, have the power to establish and operate, contract for, and/or make provision for programs to provide before and after school care and vacation day care for school age children in locations other than public school buildings.
  3. If the appropriate municipal authority establishes a program pursuant to this chapter, the appropriate municipal authority shall adopt rules and regulations governing school age child care programs, including an application and contracting procedure by which qualified groups may apply to operate these programs.
  4. School age child care programs are completely separate and apart from the regular public school educational program. No school age child care programs shall supplant or replace any part of the school curriculum provided to all children as part of their free public education.
  5. School age child care programs shall comply with all applicable provisions of the general laws and with all applicable rules and regulations of the department of human services.

History of Section. P.L. 1986, ch. 524, § 1; P.L. 1990, ch. 128, § 1; P.L. 1990, ch. 319, § 1.

45-49-3. School age child care grant program.

  1. The department of human services shall provide grants to assist in the planning, establishment, operation, or expansion of school age child care programs; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of sums or portions thereof as may be required from time to time upon the receipt by him or her of properly authenticated vouchers.
  2. Grants under this section may be made to school committees, regional school districts, any appropriate office, board, or agency of municipal government, and public or private nonprofit agencies.
  3. The maximum total of a grant under this section to any grantee is thirty thousand dollars ($30,000).
  4. In order to obtain a grant, the applicant must:
    1. Demonstrate the municipality’s need for a school age child care program;
    2. Demonstrate that at least twenty-five percent (25%) of the cost of the proposed program will be contributed, either in cash or in kind, by public or private resources within the municipality; and
    3. Demonstrate that the municipality has established, by appropriate legislative or executive action, a school age child care advisory development committee, which shall assist in the planning and development of the proposed program and which shall include parents, child care providers, representatives of the school system, and representatives of municipal government.
  5. The department of human services shall adopt rules and regulations that are necessary and appropriate to carry out the purposes of this section. Until a time that the department of human services adopts rules and regulations, the rules and regulations promulgated by the department of children, youth and families prior to July 1, 1990, during its administration of this chapter shall continue in full force and effect, and the rules and regulations shall be administered by the department of human services until revoked, amended, or republished by the department of human services in accordance with chapter 35 of title 42.

History of Section. P.L. 1986, ch. 524, § 1; P.L. 1987, ch. 272, § 1; P.L. 1989, ch. 258, § 1; P.L. 1990, ch. 128, § 1; P.L. 1990, ch. 319, § 1.

45-49-4. Transportation.

  1. Any school district may elect to provide transportation to any child attending grades kindergarten through grade eight (8), between the school the child attends and a before or after school licensed child care location. School districts which elect to provide transportation between schools and licensed child care locations are eligible to receive state reimbursement for transportation under the state school aid program. School districts shall promulgate policies and procedures to govern any transportation program which they elect to provide.
  2. The department of elementary and secondary education shall urge all local school districts to ascertain the numbers of their students going to after school child care programs and investigate the feasibility of transporting children to licensed or certified child care providers within their district and within their established busing policy.

History of Section. P.L. 1989, ch. 275, § 1; P.L. 1998, ch. 31, art. 11, § 8.

Chapter 49.1 Early Childhood Foundation

45-49.1-1. Establishment.

There is established within the department of elementary and secondary education an “Early Childhood Foundation” for the purpose of providing technical assistance and seed grants to local school districts in support of their efforts to develop:

  1. Preschool education for families which cannot afford private nursery school programs and the nearly seventy percent (70%) of Head Start eligible children who are not presently served by Head Start.
  2. Programs for parents which focus on parenting skills and parents’ involvement in their children’s education, especially programs which are coordinated with adult basic education programs.
  3. Transition programs which create bridges for children and their parents between preschool, kindergarten and the primary grades.
  4. Any other early childhood education program that the commissioner of elementary and secondary education deems appropriate to fulfill the purposes of this chapter.

History of Section. P.L. 1993, ch. 329, § 1.

45-49.1-2. Rules and regulations.

The commissioner may promulgate rules and regulations to govern this program.

History of Section. P.L. 1993, ch. 329, § 1.

Chapter 50 Municipal Public Buildings Authorities

45-50-1. Short title.

This chapter shall be known and may be cited as the “Municipal Public Buildings Authorities Law”.

History of Section. P.L. 1987, ch. 475, § 1.

NOTES TO DECISIONS

Eminent Domain.

Language used in R.I. Gen. Laws § 45-50 is similar to that used in 1915 R.I. Acts & Resolves 1278. Both statutes authorize a government entity to use the power of eminent domain to take certain designated property; thereafter, without specifically designating whom a party must name in its petition for damages, the statutes authorize an aggrieved party to file a petition in court to obtain damages for such taking from the entity that took the property via condemnation. Root v. Providence Water Supply Bd., 850 A.2d 94, 2004 R.I. LEXIS 110 (2004).

45-50-2. Authorities created.

There is created in each city and town a body corporate and politic known as the municipal public buildings authority of the municipality, which is an instrumentality and agency of the city or town, but has a distinct legal existence from the city or town.

History of Section. P.L. 1987, ch. 475, § 1.

NOTES TO DECISIONS

Construction.

Under R.I. Gen. Laws § 45-50-13(a)(2) , the General Assembly empowered the Providence Public Building Authority (PPBA) to take land, including property owner’s easements, by eminent domain; furthermore, in creating public building authorities such as the PPBA, the legislature, pursuant to R.I. Gen. Laws § 45-50-2 , chose to give them a legal existence apart from the city or town in which a particular authority operates. Root v. Providence Water Supply Bd., 850 A.2d 94, 2004 R.I. LEXIS 110 (2004).

45-50-3. Legislative findings — Applicability of chapter — Resolution of need required for authority to function.

  1. It is declared that a need exists to authorize all municipalities which issue significant amounts of general obligation debt or which have large operating budgets to possess powers enabling the implementation of alternative financing techniques.
  2. This chapter applies to any municipality which has during the three (3) calendar years preceding adoption of the resolution provided for in subsection (d);
    1. Issued in the aggregate in excess of sixty million dollars ($60,000,000) in general obligation debt (excluding tax and revenue anticipation debt and long term advanced refunding bonds); or
    2. Had an annual operating budget in excess of thirty-nine million dollars ($39,000,000).
  3. This chapter also applies to any municipality that has been expressly authorized by public law to approve the establishment of such an authority for the purposes of undertaking projects, as defined by this chapter, within a specified district of the municipality.
  4. The authority of any city or town shall not transact any business or exercise any powers under this chapter, unless and until the city or town council, by resolution, declares, at any time, that there is need for an authority to function in the city or town, and the public finance management board, created by § 42-10.1-1 , shall, by resolution, approve the creation of each authority. Neither the state nor the public finance management board shall have any liability as a result of the performance of the duty or exercise of the power described in this chapter.
  5. Any authority created under this chapter is subject to the provisions of chapter 2 of title 38 (“Access to Public Records”) and chapter 46 of title 42 (“Open Meetings”) and, in addition, the members of the authority are subject to the provisions of chapter 14 of title 36 (“Code of Ethics”).

History of Section. P.L. 1987, ch. 475, § 1; P.L. 1989, ch. 466, § 1; P.L. 2003, ch. 344, § 5; P.L. 2003, ch. 345, § 5.

45-50-4. Resolution conclusive as to capacity of authority.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to any contract by or on behalf of an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the city or town council declaring the need for the authority to function and upon proof of the adoption of a resolution by the public finance management board approving the creating of the authority.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-5. Appointment of authority members.

When the council of a city or town first adopts a resolution as provided for in § 45-50-3 , the elected chief executive officer, in cities and towns having a popularly elected chief executive officer, shall appoint five (5) resident electors of the city or town as members of the authority. The appointments shall be subject to approval by the city or town council where required by the charter. In cities and towns where there is no popularly elected chief executive officer, the city or town council shall appoint five (5) resident electors of the city or town as members of the authority. Provided, however, that the provisions of this section shall not apply to an authority authorized pursuant to § 45-50-3 (c), in which case the public law providing for the exercise of the powers of the authority by a body corporate and politic shall apply and be considered definitive.

History of Section. P.L. 1987, ch. 475, § 1; P.L. 1989, ch. 466, § 1; P.L. 2003, ch. 344, § 5; P.L. 2003, ch. 345, § 5.

45-50-5.1. Compliance with laws and contractual obligations.

The authority and its members are under a statutory duty to comply or to cause compliance strictly with all provisions of this title and the laws of the state, and in addition thereto, with each and every term, provision, and covenant in any contract of the authority on its part to be kept or performed.

History of Section. P.L. 1989, ch. 466, § 2.

45-50-5.2. Interest of members or employees in property.

No member or employee of an authority shall acquire any direct interest in any project or in any property included or planned to be included in any project, nor shall he or she have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any member or employee of an authority owns or controls a direct or indirect interest in any property, included or planned to be included in any project, he or she shall immediately disclose the interest, in writing, to the authority and the disclosure shall be entered upon the minutes of the authority. Failure to disclose the interest constitutes misconduct in office.

History of Section. P.L. 1989, ch. 466, § 2.

45-50-5.3. Evaluation and approval.

Except as stated in this chapter, the board created in chapter 10.1 of title 42 shall evaluate all proposals for the issuance of bonds, general obligations, and/or revenue, prior to the issuance of the bonds. General obligation bonds and revenue bonds, including any temporary notes sought to be issued in conjunction with this chapter, shall not be issued by any municipal public building authority created after December 31, 1988, without the prior approval of the board.

History of Section. P.L. 1989, ch. 466, § 2.

45-50-6. Tenure of authority members.

The members who are first appointed shall be designated to serve for terms of one, two (2), three (3), four (4), and five (5) years, respectively. Thereafter, members shall be appointed as aforesaid for a term of office of five (5) years, except that all vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his or her successor has been appointed and qualified; provided, however, that the provisions of this section shall not apply to an authority authorized pursuant to § 45-50-3(c) , in which case the public law providing for the exercise of the powers of the authority by a body corporate and politic shall apply and be considered definitive.

History of Section. P.L. 1987, ch. 475, § 1; P.L. 2003, ch. 344, § 5; P.L. 2003, ch. 345, § 5.

45-50-7. Officers and quorums.

The authority shall elect one of its members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer. Three (3) members of the authority constitutes a quorum and the vote of three (3) members is necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority; provided, however, that the provisions of this section shall not apply to an authority authorized pursuant to § 45-50-3(c) , in which case the public law providing for the exercise of the powers of the authority by a body corporate and politic shall apply and be considered definitive.

History of Section. P.L. 1987, ch. 475, § 1; P.L. 2003, ch. 344, § 5; P.L. 2003, ch. 345, § 5.

45-50-8. Reimbursement for expenses.

The members shall receive no compensation for the performance of their duties under this chapter, but each member shall be reimbursed for his or her reasonable expenses incurred in carrying out his or her duties under this chapter.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-9. Definitions.

As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning:

  1. The word “authority” means any municipal public buildings authority created pursuant to this chapter, or, if the authority is abolished, the board, body, or commission succeeding to the principal functions or upon whom the powers of the authority given by this chapter are given by law.
  2. The word “bonds” means and includes the notes, bonds, and other evidences of indebtedness or obligations which the authority is authorized to issue pursuant to this chapter.
  3. The word “construction” means and includes acquisitions, construction repair, rehabilitation, development, and installation, and the term “to construct” means and includes to acquire, to construct, to repair, to rehabilitate, to develop and to install, all in a manner as may be deemed desirable.
  4. The word “cost,” as applied to any project to be constructed or acquired by the authority, includes the cost of acquisition or construction, and, if the project consists of public facilities, the cost of acquisition of all land, rights of way, property, rights, easements, and interests acquired by the authority for the construction, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, the cost of estimates and of planning, engineering, and legal services, plans, specifications, and surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the construction, administrative expenses, and any other expenses that may be necessary or incident to the construction, the financing of the construction, and the placing of the project in operation. The word “cost” as applied to any project which the authority may be authorized to acquire, means the amount of the purchase price of any public equipment, or if the project consists of public facilities, the amount of any condemnation award in connection with the acquisition of the project, and includes the cost of acquiring all of the capital stock of the corporation owning the project, if that is the case, and the amount to be paid to discharge all of the obligations of the corporation in order to vest title to the project which may be determined by the authority to be necessary prior to the financing of the project, interest during the period of construction of the improvements and for one year thereafter, the cost of all lands, properties, rights, easements, franchises, and permits acquired, the cost of planning, engineering, and legal services, plans, specifications, and surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the acquisition or improvement, administrative expenses, and any other expenses that may be necessary or incident to the financing of the acquisition or improvement and the placing of the project in operation by the authority. The word “cost” includes the cost of purchase and installation of solar, wind, and renewable energy systems, which include solar thermal, solar electric, and wind energy systems that provide heating, cooling, hot water, or electricity to a building, together with equipment for collection, storage, distribution, and control, including structural components of a building specifically designed to retain heat derived from solar energy.
  5. The term “federal agency” means and includes the United States of America, and any department of, or corporation, agency, or instrumentality created, designated, or established by the United States of America.
  6. The term “improvement” means and includes extension, enlargement, and improvement, and the term “to improve” means and includes to extend, to enlarge, and to improve all in a manner as may be deemed desirable.
  7. The word “issue,” except as otherwise provided in any series resolution, means or refers to all bonds issued as part of a series and all additional bonds with respect to bonds of series.
  8. The word “municipality” means and includes any city or town within the state.
  9. The word “owner” means and includes all individuals, incorporated companies, copartnerships, societies, or associations and also municipalities, political subdivisions, and all public agencies and instrumentalities having any title or interest in any property, rights, easements, or franchises authorized to be acquired under the provisions of this chapter.
  10. The word “person” means and includes natural persons, firms, associations, corporations, business trusts, partnerships, and public bodies.
  11. The word “project” means any public facility or public equipment which the authority is authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the provisions of this chapter, to provide for the conduct of the executive, legislative, and judicial functions of government, and its various branches, departments, and agencies. These projects may include, but need not be limited to, judicial, administrative, educational, residential, civic facility, rehabilitative, medical, police, fire and public safety, recreation, transportation, public water supply system, public sewer system, parks, and other projects that the authority is requested to initiate to provide effective governmental, health, safety, and welfare services in the municipality.
  12. The term “public equipment” means and includes all tangible personal property, new or used, including, without limiting the generality of the foregoing, all machinery, equipment, transportation equipment, maintenance equipment, construction equipment, sanitation equipment, police, fire and public safety equipment, and all other things and rights usually included within that term, including any and all interests in property which are less than full title, such as leasehold interests, security interests, and every other interest or right, legal or equitable.
  13. The words “public facilities” mean and include any real property, lands, structures, buildings, facilities, or improvements, now or existing, and include, without limitation, all structures, parking facilities, recreational facilities, park facilities, civic facilities, landscaping and other appurtenances and facilities, including fixtures, furnishings, personalty, and equipment, incidental to the use of any building, the site of the building, and any easements, rights of way or other property rights appurtenant to it or necessary or convenient in connection with it. Notwithstanding the preceding, no authority created after December 31, 1988, has the power to construct, improve, equip, furnish, maintain, acquire, install, or operate a free standing parking garage. The words “free standing parking garage” shall not include any facility that is functionally related and subordinate to a project funded under that public building authority project and designed to provide parking for the project.
  14. The word “state” means and includes the state of Rhode Island, and any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality thereof.

History of Section. P.L. 1987, ch. 475, § 1; P.L. 1989, ch. 466, § 1; P.L. 1992, ch. 428, § 1.

Compiler's Notes

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-50-10. Acquisition and construction of projects — Lease or sale — Conveyance to authority — Request for project.

    1. In order to benefit the people of the municipality and to provide for their general health and welfare and to maintain the high standards of municipal public facilities and public equipment, the authority is authorized and empowered to acquire and construct public facilities and to acquire public equipment; and to maintain, renovate, repair, and operate the public facilities and equipment; and to issue revenue bonds of the authority, payable from the revenues derived from leasing of these projects, to finance the projects. Development of these projects may be initiated by the authority only upon request of the chief executive officer, if any, and the city or town council. Any request by the chief executive officer and the council to initiate a project pursuant to this chapter shall take the form of a proposal by the chief executive officer approved by the council. If there is no chief executive officer, development of these projects may be initiated by the authority only upon the request of the city or town council. Any request by the city or town council to initiate a project pursuant to this chapter shall take the form of a resolution. The chief executive officer, if any, or a member of the council designated by the council, if there is no chief executive officer, is authorized to enter into a contract of lease for and on behalf of the city or town with the authority for the leasing of the initiated projects upon terms and conditions agreed to by the chief executive officer, if any, or the council, if there is no chief executive officer, and the authority.
    2. Notwithstanding any other provision of this chapter, express school committee approval continues to be required of any project relating to the management and control of public school property, including, but not limited to, the initiation of a public school project, school site selection.
  1. Without limiting the generality of the preceding, the authority is expressly empowered to lease or sell a project or any part of it to the municipality. Any lease by the authority to the municipality may be for a period, upon terms and conditions, with or without an option to purchase, that the authority may determine.
  2. The provisions of any charter, other laws or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality, restricting or regulating in any manner the power of any municipality to lease (as lessee or lessor) or sell property, real, personal, or mixed, shall not apply to leases and sales made with the authority pursuant to this chapter.
  3. Any municipality, notwithstanding any contrary provision of any charter, other laws or ordinances, general, special or local, or of any rule or regulations of the state or any municipality, is authorized and empowered to lease, lend, pledge, grant, or convey to the authority, at its request, upon terms and conditions that the chief executive officer, if any, or where no chief executive officer exists, the city or town council of the municipality, may deem reasonable and fair and without the necessity for any advertisement, order of court, or other action or formality, any real property or personal property which may be necessary or convenient to effectuation of the authorized purpose of the authority, including public roads and other real property already devoted to public use; and, subject to what has been stated, the municipality consents to the use of all lands owned by the municipality which are deemed by the authority to be necessary for the construction or operation of any project.
  4. The authority is authorized and empowered to contract for the acquisition of any of its projects or portions of them by the federal government; and to contract with any state, federal, or municipal agencies for the performance of any services essential or convenient to its purposes under this chapter.

History of Section. P.L. 1987, ch. 475, § 1; P.L. 1989, ch. 466, § 1; P.L. 1991, ch. 354, § 9.

45-50-11. Credit of state, political subdivisions, and authority not pledged.

  1. Revenue bonds issued under the provisions of this chapter are not deemed to constitute a debt or a pledge of the faith and credit of the state or the municipality, but are payable solely from the funds provided therefor from revenues. All revenue bonds shall contain on the face a statement to the effect that neither the state nor the municipality nor the authority is obligated to pay the bonds or their interest except from revenues of the project or projects on account of which the bonds are issued, and that neither the faith and credit nor the taxing power of the state or the municipality is pledged to the payment of the principal of or the interest on the bonds.
  2. All expenses incurred in carrying out the provisions of this chapter are payable solely from funds provided under the provisions of this chapter.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-12. Powers of authority.

The authority is authorized and empowered:

  1. To adopt bylaws for the regulation of its affairs and the conduct of its business;
  2. To adopt an official seal and alter the seal at pleasure;
  3. To maintain an office at a place or places within the municipality as it may designate;
  4. To sue and be sued in its own name, plead, and be impleaded; provided, that any and all actions against the authority are brought only in the county in which the principal office of the authority is located;
  5. To acquire, purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest in it necessary or desirable for carrying out the purposes of the authority, and to mortgage, lease, or sell any of that property; and (without limitation of the preceding) to lease, as lessee, any property, real, personal, or mixed, or any interest in it, to lease as lessor to the municipality in which it is established, any project of the authority, and to sell, transfer, and convey to any lessee or to any other person upon terms and conditions and for considerations that the authority determines;
  6. To acquire by purchase, lease, or otherwise, and to construct, improve, equip, furnish, maintain, renovate, repair, and operate projects, and to establish rules and regulations for the use of any project;
  7. To rent space in public facilities, as from time to time may not be needed by any governmental entity, to any person for any other purposes that the authority may determine and upon terms and in a manner that the authority may determine;
  8. To employ, in its discretion, planning, architectural, or engineering consultants, attorneys, accountants, construction and financial experts, superintendents, managers, and any other officers, employees, and agents as may be necessary in its judgment, and to fix their compensation;
  9. To fix and revise from time to time, subject to the provisions of this chapter, and to charge and collect fees, rentals, and other charges for the use of the facilities of, or for the services rendered by, the authority or projects of the authority, at rates to be determined by the authority, for the purpose of providing for the payment of the expenses of the authority, the acquisition, construction, improvement, repair, equipping, furnishing, maintenance, and operation of its facilities and properties, and for the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any obligations;
  10. To issue bonds of the authority for any of its purposes, payable solely from the revenues pledged for their payment, and to refund its bonds, all as provided in this chapter;
  11. To borrow money in anticipation of the issuance of bonds for any of its purposes and to issue notes, certificates, or other evidences of the borrowing upon terms as may be authorized by resolution of the authority;
  12. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter;
  13. Without limitation of the preceding, to borrow money from, to receive and accept grants for or in aid of construction or acquisition of projects authorized under this chapter from, and to enter into contracts, leases, or other transactions with any federal agency; and to receive and accept from the state or any municipality, and from any other source, aid or contributions of money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which the grants and contributions may be made;
  14. To combine for financing purposes any two (2) or more projects authorized to be acquired or constructed under the provisions of this chapter;
  15. To be a promoter, partner, member, owner, associate, or manager of any partnership, condominium, or other enterprise or venture;
  16. To acquire in the name of the authority by purchase or otherwise, on terms and conditions and in the manner that it may deem proper, or by the exercise of the rights of condemnation in the manner provided, any public or private lands, including public parks, playgrounds, or reservations, or parts of them or rights in them, rights of way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable; and
  17. To do all other acts and things necessary or convenient to carry out the powers expressly granted in this chapter.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-13. Eminent domain proceedings.

  1. The authority has the right to acquire any land, or any interest in it, including development rights, by the exercise of the power of eminent domain, whenever it is determined by the authority that the acquisition of the land, or interest, is necessary for the construction or the operation of any project.
      1. The power of eminent domain shall be exercised only within the boundaries of the city or town whose council established the authority, except that any authority in existence on the effective date of this chapter shall have the power to acquire, by exercise of eminent domain, only the development rights, except as stated in subsection (a) (5), in the land described in the tax assessor’s plats for the towns of Foster, Scituate, Johnston, and Glocester, as of February 14, 1989, for the purpose of protecting the water supply as follows:
      2. That certain land situated in the town of Foster delineated as Foster tax assessor’s lot 47, plat 15 consisting of 32 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 147, plat 17 consisting of 5.6 acres, more or less; that certain land situated in the town of Scituate described as Scituate tax assessor’s lot 60, plat 20 consisting of 5.8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 5, plat 42 consisting of 12 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot 5, plat 57 consisting of 3.9 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot 58, plat 57 consisting of .7 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot 6, plat 57 consisting of .4 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot 7, plat 57 consisting of .4 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 52, plat 15 consisting of 80 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 41A, plat 12 consisting of 9.8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 1, plat 38 consisting of 67 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 4, plat 42 consisting of 10.7 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 251, plat 49 consisting of 129 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 3, plat 47 consisting of 29.6 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 41, plat 41 consisting of 140 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot 17, plat 57 consisting of 45 acres, more or less; that certain land situated in the town of Johnston delineated as Johnston tax assessor’s lot 20, plat 59 consisting of 55 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 15, plat 47 consisting of 9 acres, more or less; that certain land situated in the town of Glocester delineated as Glocester tax assessor’s lot 164, plat 18 consisting of 211.7 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 31, plat 21 consisting of 22 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 14, plat 37 consisting of 15 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 49, plat 15 consisting of 4.5 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 35, plat 14 consisting of 57 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 1, plat 37 consisting of 16 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 5, plat 11 consisting of 33.8 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 34A, plat 9 consisting of 20 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 47, plat 51 consisting of 10 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 42, plat 12 consisting of .3 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 82, plat 49 consisting of 10 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 41, plat 12 consisting of 8 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 16, plat 37 consisting of 10 acres more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 83, plat 49 consisting of 20 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 46, plat 9 consisting of 40 acres, more or less; that certain land situated in the town of Glocester delineated as Glocester tax assessor’s lot 162, plat 18 consisting of 50.6 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 15, plat 37 consisting of 15 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 29, plat 52 consisting of .2 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 37, plat 17 consisting of 29 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 11, plat 38 consisting of 17 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 42A, plat 12 consisting of .4 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 53, plat 20 consisting of 9 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 30, plat 52 consisting of .2 acres, more or less; that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lot 81, plat 49 consisting of 73 acres, more or less; that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 48A, plat 15 consisting of 15.5 acres, more or less;

        and that certain land situated in the town of Foster delineated as Foster tax assessor’s lot 48, plat 15 consisting of 28.9 acres, more or less, for the purpose of protecting the public water supply.

    1. In addition to the powers previously granted, any authority in existence on July 7, 1989 has the power to acquire by exercise of eminent domain the land, or any interest in it, described as that certain land situated in the town of Scituate delineated as Scituate tax assessor’s lots 45, 48, 49, 60, 61, 62, and 63, plat 51 consisting of 542.11 acres, more or less, and commonly known as the “Joslin Farm” for the purpose of protecting the water supply.
    2. Notwithstanding the preceding, in the event that the authority ceases to use any land or development rights acquired by exercise of eminent domain, pursuant to subsections (a) (1) or (a) (2), for the purpose of protecting the public water supply, the authority shall notify by certified mail return receipt requested, the original owner of the parcel or his or her lawful heirs, and the original owner or his or her lawful heirs shall have a right to recover the land or development rights. The land or development rights shall revert to the original owner or his or her heirs upon the payment of an amount equal to the price originally paid to the owner plus simple interest at the rate of six percent (6%) per annum (or any other purchase price that is mutually agreed upon between the parties) of the property or the development rights. Any transfer of the land or development rights to the city whose city council established a need for an authority or any department, commission, board, or agency of the city shall not constitute a cessation of the use of the land or development rights for purposes of protecting the water supply.
      1. For the purposes of this section, the term “development rights” means the rights to:
        1. Prohibit the ability of the fee owner to act on or with respect to or regarding uses of a land or water area; or
        2. Require the performance by the fee owner of acts on or with respect to or regarding uses of a land or water area, which prohibition or requirement retains or maintains the land or water area in its natural condition or any other condition that is consistent with the protection of environmental quality or provides the public with the benefit of the unique features of the land or water area, provided, that development rights will not be construed to deprive the original owner, his or her successors or assigns, of the right to continue to use the land for agricultural purposes so long as that use conforms to acceptable agricultural practices as established by the department of the environment and/or the United States soil conservation service.
      2. “Development rights” may also have any meaning as may be mutually agreed upon by the fee owner and the authority in any contract, agreement, deed to development rights, or proceeding before the authority. The proceeding shall be initiated by a fee owner’s filing a petition before the authority and/or any lessee or successor agency seeking permission to use the land or water area for development. The authority has sixty (60) days to determine if the activity described in the petition endangers the environmental quality of the land or water area. Upon a finding of no danger to the environmental quality of the land or water area, the authority shall grant the petition; provided, if no finding is made within sixty (60) days the petition is deemed approved.
    3. In the event the authority has initiated condemnation proceedings for development rights, the original affected owner may notify the authority and the superior court of his or her request that the authority take a fee simple interest in the land. Upon notification, the authority has the power to acquire the land in fee simple by the exercise of the power of eminent domain and shall exercise power to acquire a fee simple interest in the land.
      1. Prior to the authority’s taking the actions described in subsections (b) through (h), for the purposes of this section, fair market value of the property or development rights are determined as follows:
      2. Each party (the authority and the landowner) shall appoint one appraiser (who shall be a qualified member of the American institute of real estate appraisers, the society of real estate appraisers, the American society of farm managers and rural appraisers, the international association of assessing officers, the national society of real estate appraisers, the national society of independent fee appraisers, the American society of appraisers or the international right of way association, or any successor organization). Each appraiser shall, within twenty (20) business days of his or her appointment, arrive at an independent determination of the fair market value of the property. If the difference between the two (2) appraisals as so determined does not exceed ten percent (10%) of the lesser of the two (2) appraisals, then the fair market value is deemed to be an amount equal to fifty percent (50%) of the sum of the two (2) appraisals. If the difference between the appraisals exceeds ten percent (10%) of the lesser appraisal, then the two (2) appraisers have ten (10) calendar days within which to appoint a third appraiser, who shall, within twenty (20) calendar days, make his or her own independent determination of the fair market value of the property. All three (3) appraisals shall then be compared and the appraisal which differs most in dollar amount from the other two (2) appraisals shall be excluded from consideration, and the fair market value of the property shall be deemed to be fifty percent (50%) of the sum of the remaining two (2) appraisals. The authority shall make an offer to purchase the property or rights in property based upon the fair market value, which offer shall remain open for thirty (30) days or until the time the offer is accepted or rejected. If the offer of the authority is rejected, the authority may proceed with condemnation proceedings within ten (10) days.
  2. The necessity for acquisition is conclusively presumed upon the adoption by the authority of a resolution declaring that the acquisition of the land, or interest in it, described in the resolution is necessary for the construction or operation of any project. Within six (6) months of the adoption of a resolution, the authority shall cause to be filed, in the land evidence records of the city or town in which the land is located, a copy of the resolution of the authority, together with a plat of the land, or interest in it described, and a statement, signed by the chairperson of the authority, that the land, or interest in it, is taken pursuant to the provisions of this chapter. Thereupon, the authority shall file, in the superior court in and for the county in which the land, or interest in it, lies, a statement of the sum of money estimated by the authority to be just compensation for the land taken.
  3. Upon the filing of the copy of the resolution, plat, and statement in the land evidence records of the city or town, the filing, in the superior court, of the statement, and the depositing in the superior court, to the use of the person entitled to it, of a sum that the court determines to be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its discretion, take evidence on the questions to determine the sum to be deposited), title to the land, or interest in it, vests in the authority in fee simple absolute, and the authority may take possession of the land, or interest in it.
  4. No sum paid into the court shall be charged with clerk’s fees of any nature. After the filing of the copy, plat, and statement, notice of the taking of the land, or interest in it, shall be served upon the owners of, and persons having an estate in and interested in the land, by the sheriff or the sheriff ’s deputies of the county in which the land, or interest in it, lies, leaving a true and attested copy of the description and statement with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode in this state occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest in it, taken of the absent persons if the persons are known to the officer; and after the filing of the resolution, plat, and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper published or having general circulation in the county where the land, or interest in it, may be located, at least once a week for three (3) successive weeks. If any person agrees with the authority for the price of land, or interest in it taken, the court, upon the application of the parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceeding.
  5. Any owner of or person entitled to any estate in or interested in any part of the land, or interest in it, taken, who cannot agree with the authority for the price of the land, or interest in it, taken, in which he or she is interested, may, within three (3) months after personal notice of the taking, or, if he or she has no personal notice, within one year from the first publication of the copy of the resolution and statement, apply, by petition, to the superior court in and for the county in which the land, or interest in it, lies, setting forth the taking of his or her land or interest in it, and praying for an assessment of damages by a jury. Upon filing of the petition, the court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the authority with a certified copy, and may proceed after the notice to the trial; and the trial shall determine all questions of fact relating to the value of the land, or interest in it, and the amount, and judgment shall be entered upon the verdict of the jury, and execution shall be issued against the money so deposited in court and in default against any other property of the authority. In case two (2) or more conflicting petitioners make claim to the same land, or to any interests in it, or to different interests in the same parcel of land, the court, upon motion, shall consolidate their several petitions for trial at the same time by the same jury, and may frame all necessary issues for the trial; and all proceedings taken pursuant to the provisions of this chapter shall take precedence over all other civil matters then pending before the court, or if the superior court, in and for the county in which the land, or interest in it, lies, is not in session in that county, then the proceedings may be heard in the superior court for the counties of Providence and Bristol.
  6. If any lands, or interests in them, in which any minor, or other person not capable in law to act in his or her own behalf, is interested are taken by the authority under the provisions of this chapter, the superior court, upon the filing in the court of any petition by or in behalf of the minor or other person, may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard in behalf of the minor or other person; and the guardian may also, with the advice and consent of the superior court and upon any terms that the superior court may prescribe, release to the authority all claims for damages for the lands of the minor or other person or for any interest in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of any minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of any minor or other person, may, before the filing of any petition, agree with the authority upon the amount of damages suffered by the minor or other person by any taking of his or her lands or of his or her interests in any lands, and may, upon receiving that amount, release to the authority all claims of damages of the minor or other person for the taking.
  7. Whenever, from time to time, the authority has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order that the amount of any excess including any interest or increment on any sums so deposited be repaid to the authority. Whenever the authority has satisfied the court that the claims of all persons interested in the land taken have been satisfied, the unexpended balance, including any interest or increment on any sums deposited, shall be paid immediately to the authority.
  8. In any proceedings for the assessment of compensation and damages for land or interest in it taken, or to be taken by eminent domain by the authority, the following provisions are applicable:
    1. At any time during the pendency of any action or proceeding, the authority or an owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon that application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
    2. If any of the land, or interest in it, is devoted to a public use, it may nevertheless be acquired, and the taking shall be effective, provided, that no land, or interest in it, belonging to a public utilities administrator or other officer or tribunal having regulatory power over such a corporation is taken. Any land, or interest in it, already acquired by the authority may, nevertheless, be included within the taking for the purpose of acquiring any outstanding interests in the land.

History of Section. P.L. 1987, ch. 475, § 1; P.L. 1988, ch. 84, § 110; P.L. 1989, ch. 298, § 1; P.L. 1990, ch. 359, § 1.

NOTES TO DECISIONS

In General.

This section did not effectuate a taking upon its enactment. Rather, it conferred discretionary authority upon the municipal public building authority and other like authorities to take certain parcels, by eminent domain. Gorham v. Public Bldg. Auth., 612 A.2d 708, 1992 R.I. LEXIS 178 (1992).

Under R.I. Gen. Laws § 45-50-13(a)(2) , the General Assembly empowered the Providence Public Building Authority (PPBA) to take land, including property owner’s easements, by eminent domain; furthermore, in creating public building authorities such as the PPBA, the legislature, pursuant to R.I. Gen. Laws § 45-50-2 , chose to give them a legal existence apart from the city or town in which a particular authority operates. Root v. Providence Water Supply Bd., 850 A.2d 94, 2004 R.I. LEXIS 110 (2004).

Date of Taking.

In assessing the date of taking pursuant to the exercise of the power of eminent domain, absent a prior physical intrusion by the public building authority upon the property in question, the date upon which a taking occurred could be none other than the date upon which title vested in the authority. Gorham v. Public Bldg. Auth., 612 A.2d 708, 1992 R.I. LEXIS 178 (1992).

Fair Market Value.

Trial court was justified in relying on the property owners’ expert’s testimony of property in the immediate vicinity as the trial court recognized the dissimilarities between the comparable properties and the subject property in determining the fair market value. Mastrobuono v. Providence Redevelopment Agency, 850 A.2d 944, 2004 R.I. LEXIS 115 (2004).

Notice.

R.I. Gen. Laws § 45-50-13(d) required the Providence Public Building Authority to provide personal service and notice to interested parties, such as property owners, of any taking of their easements and to publish a copy of the taking resolution and statement in a newspaper having general circulation in the county where the affected land was located. Root v. Providence Water Supply Bd., 850 A.2d 94, 2004 R.I. LEXIS 110 (2004).

Property Interest.

By providing that if an interested party does not receive personal notice of condemnation he may file suit within one year from publication of a condemnation resolution, R.I. Gen. Laws § 45-50-13(e) provides a safe-harbor to protect those property owners who have an interest in the property condemned but who nevertheless did not receive personal notice from the condemning authority. Root v. Providence Water Supply Bd., 850 A.2d 94, 2004 R.I. LEXIS 110 (2004).

45-50-14. Revenue bonds.

  1. The authority is authorized to provide by resolution for the issuance, at one time, or from time to time, of revenue bonds of the authority for the purpose of paying all or a part of the cost of any one or more projects, the construction or acquisition of which is authorized by this chapter. The principal of and the interest on the bonds shall be payable from the funds provided for payment. The bonds of each issue shall be dated, bear interest at a rate or rates that the authority determines, payable from time to time, shall mature at a time or times not exceeding forty (40) years from their date or dates, as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at a price or prices and under terms and conditions as may be fixed by the authority prior to the issuance of the bonds. The authority shall determine the form of bonds, including any interest coupons to be attached to them, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the authority or a facsimile shall be impressed or imprinted on the bonds and attested by the manual or facsimile signature of the secretary of the authority, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the authority. In case any officer, whose signature or facsimile of whose signatures appears on any bonds or coupons, ceases to be an officer before the delivery of the bonds, the signature or the facsimile is nevertheless valid and sufficient for all purposes the same as if he or she had remained in office until the delivery. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone, and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered and coupon bonds. The authority may sell bonds in a manner, either at public or private sale, and for a price that it may determine will best effect the purposes of this chapter.
  2. The proceeds of the bonds of each issue shall be used for the payment of the cost of the project or projects for which the bonds have been issued, and shall be disbursed in a manner and under restrictions, if any, that the authority may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. If the proceeds of the bonds of any issue, by error of estimates, are less than the cost, additional bonds may in the same manner be issued to provide the amount of the deficit, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, are deemed to be of the same issue and are entitled to payment from the same fund without preference of priority of the bonds first issued. If the proceeds of the bonds of any issue exceed the cost, the surplus shall be deposited to the credit of the sinking fund for the bonds, or may be applied to the payment of the cost of any project financed under the provisions of this chapter.
  3. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when definitive bonds have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which become mutilated or are destroyed or lost. Bonds, other than school housing bonds pursuant to chapter 7 of title 16, may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions, or things, than those proceedings, conditions, or things which are specifically required by this chapter. All bonds, notes and other forms of indebtedness, other than interim finance mechanisms, issued in support of school housing projects shall require passage of an enabling act by the general assembly.
  4. However, in no event shall the authority borrow in principal amount for any one bond issue more than fifteen percent (15%) of the total of the most recent adopted municipal budget. In addition, the total outstanding principal amount of bonds of the authority shall not exceed fifty percent (50%) of the most recent adopted municipal budget; provided, however, that there shall not be included in the calculation of this limitation fifty percent (50%) of the outstanding principal amount of any bonds issued for projects for which the authority or the municipality receives school housing aid pursuant to §§ 16-7-44 and 16-7-41 .

History of Section. P.L 1987, ch. 475, § 1; P.L. 1989, ch. 466, § 1; P.L. 2000, ch. 473, § 1; P.L. 2000, ch. 494, § 1; P.L. 2007, ch. 222, § 2; P.L. 2007, ch. 236, § 2.

45-50-15. Trust agreements.

In the discretion of the authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign the revenues to be received, and may convey or mortgage or grant a security interest in any project or any part of it or any combination of projects or parts of them. The trust agreement or resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders or noteholders as may be reasonable and proper and not in violation of law, including covenants stating the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the project or projects in connection with which the bonds have been authorized, the custody, safeguarding, and application of all moneys, and conditions or limitations with respect to the issuance of additional bonds. It is lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish indemnifying bonds or to pledge securities as may be required by the authority. Any trust agreement may state the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the preceding, any trust agreement or resolution may contain any other provisions that the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the authority’s cost of operation and maintenance.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-16. Revenues.

  1. The authority is authorized and empowered to fix, revise, and collect from time to time, subject to the provisions of this chapter, fees, rentals, and other charges for the use of projects of, or the services rendered by, the authority to pay:
    1. The cost of maintaining, repairing, and operating the project or projects or portion or portions of them; and
    2. The principal of, premium, if any, and interest on the bonds and notes as the bonds and notes become due and payable, and to create reserves for these purposes.
  2. The fees, rentals, and other charges are not subject to supervision or regulation by any commission, board, bureau, or agency of the state or of any municipality or other political subdivision of the state.
  3. The revenues derived from the project or projects or portion or portions of them, in connection with which the bonds or notes have been issued, may be pledged as provided in the resolution or the trust agreement. The pledge is valid and binding from the time when the pledge is made; the rentals, revenues, or other moneys pledged, and received by the authority, are immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the claims. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of revenues are subject to the provisions of the resolution authorizing the issuance of the bonds or the trust agreement.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-17. Trust funds.

All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or as revenues, are deemed to be trust funds to be held and applied as may be provided in the resolution authorizing the issuance of the bonds or the trust agreement securing the bonds. The authority shall, in the resolution authorizing the bonds or in the trust agreement securing the bonds, provide for the payment of the proceeds of the sale of the bonds and the revenues to be received to a trustee, which is any trust company or bank having the powers of a trust company within or without the state, which acts as trustee of the funds and holds and applies the funds to the purposes of this chapter, subject to regulations that this chapter and the resolution or trust agreement may provide.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-18. Remedies.

Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining to them, and the trustee under the trust agreement or the resolution, except to the extent the rights given by this chapter may be restricted by the trust agreement or the resolution, may by civil action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted under this chapter or under the trust agreement or the resolution authorizing the issuance of the bonds, and may enforce and compel the performance of all duties, required by this chapter or by the trust agreement or resolution, to be performed by the authority or by any officer of the authority, including the fixing, charging, and collection of fees, rentals, and other charges.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-19. Exemptions from taxation.

The exercise of the powers granted by this chapter are, in all respects, for the benefit of the people of the municipality and the state of Rhode Island and for the facilitation of the conduct of their public business; and as the acquisition, construction, operation, and maintenance by the authority of the projects defined in this chapter constitute the performance of essential governmental functions, the authority is not required to pay any taxes or assessments upon the projects or upon any property acquired or used by the authority under the provisions of this chapter, or upon the income from the projects, or any other state or local tax of any kind or description, nor is the authority be required to pay any recording fee or transfer tax of any kind or description, and the bonds, issued under the provisions of this chapter, their transfer, and the income therefrom (including any profit made on the sale of the bonds) are at all times free from taxation by the state or any political subdivision or other instrumentality of the state, excepting estate taxes; and the authority shall pay property taxes and assessments on its properties located outside the boundaries of the city or town whose council established the authority.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-20. Bonds eligible for investment.

Bonds issued by the authority under the provisions of this chapter are made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, credit unions, building and loan associations, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations is now or may hereafter be authorized by law.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-21. Negotiable instruments.

Notwithstanding any of the preceding provisions of this chapter or any recitals in any bonds issued under the provisions of this chapter, all bonds are deemed to be negotiable instruments under the laws of this state.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-22. Refunding bonds.

The authority is authorized to provide for the issuance of refunding bonds of the authority for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium or interest accrued or to accrue to the earliest or subsequent date of redemption purchase or maturity of the bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any project. The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the authority, to the purchase, retirement at maturity, or redemption of the outstanding bonds or notes, either on their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow. Any escrowed proceeds may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit, time deposits, or repurchase agreements fully secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at a time or times appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments, may be returned to the authority for use by it in furtherance of its purposes. The portion of the proceeds of bonds or notes issued for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, developing, or improving any project may be invested and reinvested in obligations, securities, and other investments consistent, herewith, as shall be specified in the resolutions under which the bonds are authorized, and which shall mature not later than the times when the proceeds will be needed for these purposes. The interest, income, and profits, if any, earned or realized on the investments, may be applied to the payment of all parts of the costs, or may be used by the authority otherwise in furtherance of its purposes. The issuance of the bonds, the maturities, and other details, the rights of the holders, and the rights, duties, and obligations of the authority, in respect to the bonds, are governed by the provisions of this chapter insofar as the provisions may be applicable.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-23. Use of projects.

The use of the facilities of the authority and the operation of its business are subject to the rules and regulations from time to time adopted by the authority; provided, that the authority not authorized to do anything which will impair the security of the holders of the obligations of the authority or violate any agreements with them or for their benefit.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-24. Limitation of powers.

The state pledges to and agrees with any person, firm, or corporation, or federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction, extension, improvement, equipping, furnishing, or enlargement of any project or part of it, that the state will not limit or alter the rights vested in the authority until all bonds at any time issued, together with their interest, are fully met and discharged. The state does further pledge to and agree with the United States, and any other federal agency, that in the event that any federal agency constructs or contributes any funds for the construction, extension, improvement, equipping, furnishing, or enlargement of any project, or any portion of it, the state will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the due performance of any agreements between the authority and the federal agency; and the authority continues to have and may exercise all powers granted by this chapter, so long as the powers are necessary or desirable for the carrying out of the purposes of this chapter.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-25. Actions authorized by resolution.

Any action taken by the authority under the provisions of this chapter may be authorized by resolution at any regular or special meeting, and each resolution shall take effect immediately and need not be published or posted.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-26. Annual report and audit.

Within one hundred twenty (120) days from the close of its fiscal year, the authority shall make an annual report to the chief executive officer and legislative body of the municipality of its activities for the preceding fiscal year. Each report shall present a complete operating and financial statement covering its operations during the year. The authority shall cause an annual audit of the books, records, and accounts of the authority to be made, and the costs shall be treated as a part of the cost of operation.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-27. Transfer of project to governmental body.

When all bonds issued under the provisions of the chapter for each specific project and its interest have been paid, or a sufficient amount for the payment of all the bonds and their interest to the maturity of the bonds have been set aside in trust for the benefit of the bondholders, that specific project financed under the provisions of this chapter may be transferred to the municipality leasing the project on terms and conditions and for consideration that the authority determines. If the authority is dissolved all funds of the authority not required for the payment of bonds shall be paid to the treasurer of the municipality in which the authority is established for the use of the municipality, and all property belonging to the authority shall be vested in the municipality and delivered to it. No part of the net earnings of the authority shall be distributable to, or inure to the benefit of, any private person.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-28. Inconsistent provisions.

Insofar as the provisions of this chapter are inconsistent with the provisions of any charter or other laws or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality, the provisions of this chapter are controlling.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-29. Applicability of other laws.

This chapter shall be construed to provide a complete, additional, and alternative method for doing the things authorized by this chapter, and shall be regarded as supplemental and in addition to the powers conferred by other laws. The issuance of all bonds, notes, and other obligations of the authority under the provisions of this chapter need not comply with the requirements of any other provisions of any charter or other laws, general, special, or local, or of any rule or regulation of the state or any municipality applicable to the issuance of bonds. No proceedings or notice or approval are required for the issuance of any bonds or any instrument of security for the bonds except as provided in this chapter.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-30. Liberal construction.

This chapter being necessary for the welfare of the state and its inhabitants shall be liberally construed in order to effectuate its purposes.

History of Section. P.L. 1987, ch. 475, § 1.

45-50-31. Severability.

The provisions of this chapter are severable, and if any of its provisions are held unconstitutional or invalid for any other reason by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not the steps are required by this chapter.

History of Section. P.L. 1987, ch. 475, § 1.

Chapter 51 Environmental Advocacy Act

45-51-1. Title.

This chapter may be known as the “Environmental Advocacy Act”.

History of Section. P.L. 1988, ch. 448, § 1; P.L. 2004, ch. 556, § 2.

45-51-2. Conservation commission — Appointment.

The mayor or town administrator of any city or town may designate the municipal conservation commission as defined in § 45-31-1 to serve as an environmental advocate, subject to approval by the city or town council, which shall perform the duties as established in this chapter.

History of Section. P.L. 1988, ch. 448, § 1; P.L. 2004, ch. 556, § 2.

45-51-3. Powers and duties.

The municipal conservation commission shall:

  1. Receive complaints from residents or businesses within the municipality regarding safety of drinking water, water quality, or clean air, or other pollutants affecting the environment.
  2. Investigate any complaints requested by a state regulatory agency.
  3. Prepare a report with an appraisal of the validity of the clean air or water problem, the responsible parties, the remedial action required, and identification of the state agency with jurisdiction over the problem, and submit the report to the city council and office of mayor or town administrator.
  4. Serve as liaison for the city or town with all agencies charged under state law with enforcement of all laws and regulations pertaining to air and water quality as stated in subdivision (3).
  5. Serve as advocate for the municipality and its residents before the agency under whose jurisdiction the problem falls; with the objective of securing remedial action.
  6. Assist the office of solicitor in taking legal action to secure court orders requiring the responsible state agency to take remedial action when the action has been unduly delayed or neglected by the agency.
  7. Conduct public information activities to inform the community of the availability of the services of the commission.

History of Section. P.L. 1988, ch. 448, § 1; P.L. 2004, ch. 556, § 2.

45-51-4. Training and education.

The municipal conservation members shall have formal training and/or education, to the extent feasible, and/or engage in continuing education in the areas of air pollution, water quality control, or the maintenance of the purity of drinking water supplies, and/or have familiarity with laws, rules, and regulations relating to them or qualifications approved by the council.

History of Section. P.L. 1988, ch. 448, § 1; P.L. 2004, ch. 556, § 2.

Chapter 52 The Quonochontaug East Beach Water District

45-52-1. Creation — Corporate powers.

  1. All that part of the town of Charlestown County of Washington and state of Rhode Island, commencing at a point being the northeast corner thereof on the westerly line of West Beach road, being the northeasterly corner of lot 84 as shown on plat entitled “Quonochontaug Highlands, Property of Charlestown Estates, Inc., Charlestown, R.I. Scale 1” = 50 ft. August 1940, Rossi & Lewis, Engineers“; then in a general westerly direction to the shore line of Quonochontaug Pond, along the northerly boundary of lots shown and delineated on the plat; then southerly along the easterly shore line of Quonochontaug Pond to a stone wall at land formerly of the Heirs of George S. Baxter as shown on the plat; then southeasterly along the stone wall as shown on the plat to the northerly line of a highway as shown on the plat; then easterly along the northerly line of the highway to the westerly line of the West Beach Road; and then northerly along the westerly line of West Beach Road to the point of beginning.
  2. And also all that part of the town of Charlestown beginning at a point on the shore of the Atlantic Ocean in the town of Charlestown, where the land formerly of Howard E. Thorp & Nelson H. Thorp and land formerly of Donald J. Bunce meet, the point also being the southeasterly corner of the jurisdictional bounds of Quonochontaug Central Beach Fire District; then running in a general northerly direction bounded westerly by the easterly boundary of Quonochontaug Central Beach Fire District to the northerly line of Sea Breeze Ave.; then westerly along the northerly line of Sea Breeze Avenue to land of Quonochontaug Central Beach Fire District; then in a general northerly direction bounded westerly by land of Quonochontaug Central Beach Fire District to the southerly point of land formerly of the Heirs of Mary E. Briggs; then continuing northwesterly bounded southwesterly by the land of the Heirs of Mary E. Briggs a distance of three hundred feet (300´), more or less, to an angle at other land formerly of Mary E. Briggs; then turning and running a distance of eight hundred twenty feet (820´), more or less, in a general northeasterly direction bounded northwesterly by land formerly of the Heirs of Mary E. Briggs as shown on a plat entitled “Plat of Land at Quonochontaug, R.I. consisting of Charlestown Estates, Inc., Central Beach Quonochontaug Highlands, Scale 1” = 200 ft. January 1st, 1940, H.E. Thorp & Son, Agents Dixon Square Bldg., Westerly, R.I.“; then turning and running in a general northerly direction four hundred eleven feet (411´), more or less, bounded westerly by the Briggs land to land now or formerly of Asa Hoxsie as shown on the plat dated January 1st, 1940 to a point; then turning and running in a general easterly direction one thousand two hundred fifty feet (1250´), more or less, to a wall intersection at the northwesterly corner of land of Hazard H. Burdick as shown on the plat dated January 1st, 1940, the wall intersection being three hundred twenty-seven feet (327´), more or less, from the westerly line of East Beach Road as measured along an extension easterly of the last described course; then turning and running in a general northerly direction to the southwesterly corner of land now or formerly of Lloyd E. Cook, et ux, and the northwesterly corner of land now or formerly of Lillian H. Richardson; then turning and running in a general easterly direction bounded northerly by the Cook land to the westerly line of the East Beach Road; then easterly crossing East Beach Road to the east side thereof; then northerly along the east side of East Beach Road to the southerly line of land of Sun Rise Acres Condominium; then easterly one hundred seventy feet (170´), more or less, bounded northerly by the Sun Rise Acres Condominium land; then turning and running southerly bounded easterly in part by land of Sun Rise Acres Condominium, and in part by lot numbered 54 as shown and delineated on plat entitled, ”Sun Rise Acres, property of Charlestown Estates, Inc., Quonochontaug, Charlestown, R.I., Scale 1" = 80 ft. November, 1948, Rossi & Lewis Engineers”, which plat is on file in the town clerk’s office of the town of Charlestown, to the northerly line of Peabody Road; then westerly along the northerly line of Peabody Road to the easterly line of East Beach Road; then southerly along the easterly line of East Beach Road to the southerly line of Peabody Road; then easterly on the southerly line of Peabody Road to the northeasterly corner of lot no. 46 as shown on the Sun Rise Acres plat dated 1948; then turning and running southerly bounded easterly by lot 44 as shown and delineated on the Sun Rise Acres plat dated 1948 to the southwesterly corner of lot 44 as shown on the plat dated 1948; then turning and running in a general easterly direction to the southeast corner of lot 42 as shown on the plat dated 1948 and then southerly to the northerly line of a street known as Moulton Place bounded easterly by lots shown and delineated on the plat dated 1948; then turning and running westerly along the northerly line of Moulton Place to the easterly line of East Beach Road; then southerly bounded westerly by East Beach Road to the southerly line of Moulton Place; then turning and running easterly along the southerly line of Moulton Place to the west shore line of Ninigret Pond; then southerly along the west shore line of Ninigret Pond to the northerly line of South Street, so-called; then westerly along the northerly line of South Street to the easterly line of East Beach Road; then southerly along the easterly line of East Beach Road to an intersection with an extension easterly of the northerly line of land now or formerly of Margaret I. Ferretti; then westerly across the extension and bounded southerly by the Ferretti land to the northwesterly corner thereof; then southerly, bounded easterly by the Ferretti land, to the shore line of the Atlantic Ocean; then westerly along the shore line of the Atlantic Ocean to the point and place of beginning are incorporated into a district to be called the Quonochontaug East Beach water district.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-2. Authority.

  1. The electors of the district may at any meeting adopt and ordain bylaws as they deem necessary and proper for the purposes of this chapter and not repugnant to it and not inconsistent with any other law.
  2. The district is authorized to raise money by tax on the real property within the district: for the purchase of land and erection of buildings for use by the district; for the payment of the personnel employed to protect and maintain property owned by the district; and for the purchase, installation, improvements, and maintenance of roads, right of ways, watersheds, water systems, wells, pumping stations, piping, storage facilities, green space, and beaches within the district.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-3. Voter qualifications and rights.

Every citizen of the United States of the age of eighteen (18) years who owns real estate located in the district which has the value of at least one hundred thirty four dollars ($134) over and above all encumbrances, or who is a resident of the town of Charlestown, residing in the town and a qualified voter, and resides in the district, has the right to vote at any annual or special meeting of the district, or at any adjournment; provided, that the right to vote is not exercised by any person otherwise qualified to vote if, when a vote is taken at any meeting of the district, his or her taxes have been in arrears for two (2) years prior to the meeting.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-4. Board of canvassers.

  1. There shall be a board of canvassers consisting of the tax assessor and tax collector.
  2. The board of canvassers shall meet and canvass the voting list of the district on the last Monday of June in every year and shall make out a correct alphabetic list of the voters of the district, indicating those, if any, who are disqualified because of arrears in the payment of taxes, and shall certify the correctness of the list and file it with the district clerk.
  3. The board of canvassers shall hold a meeting on the day of, and immediately preceding, each annual and special meeting of the district, and shall correct the list of voters by showing which of the voters are then in arrears in the payment of taxes and by adding the name of every person qualified to vote whose name is not on the list of voters. The list of voters, so corrected, shall be certified by the board of canvassers and filed with the district clerk before the meeting is called to order.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-5. Conduct and quorum of meetings.

  1. No less than thirty (30) voters constitutes a quorum for the transaction of business at any annual or special district meeting. If at any annual or special meeting less than a quorum is present, a majority of the voters present at the meeting, or any adjournment of it, may vote to adjourn the meeting, but may take no action.
  2. District meetings may be held at any location within the town of Charlestown.
  3. The moderator shall preside at all meetings of the district. He or she has the same authority at all meetings as moderators at town meetings.
  4. Whenever at any district meeting action has been taken authorizing the expenditure of money, the incurring of any liability, or the disposition of property, not less than one-fifth (1/5) of the voters present may, by their affirmative votes, require reconsideration of the question at an adjourned meeting of which special notice shall be given to all the voters of the district ten (10) days in advance of the meeting, stating the hour and place of the meeting, and the action taken which is to be reconsidered.
  5. Except as otherwise provided in this chapter all questions relating to district affairs shall be decided by a majority of the voters present at a called meeting of the district and entitled to vote on the question.
  6. A copy of the record of the proceedings of any district meeting, certified by the clerk, is evidence of any act or vote of the district, in a district meeting assembled, recited in the copy; and the certificate of the district clerk that no district meeting has been held to consider any subject in the certificate mentioned, or that no vote of the district has been taken on the subject, is evidence of the facts stated in the certificate.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-6. Election of district officers.

  1. The voters in the district shall at the annual meeting choose and elect a moderator, a district clerk, a district treasurer, an assessor of taxes, and a collector of taxes; and at the first annual meeting after the effective date of this act shall elect a finance committee of three (3) members, one member to serve for three (3) years, one to serve for two (2) years, and one to serve for one year, and a public works committee of three (3) members, one member to serve for three (3) years, one member to serve for two (2) years, and one member to serve for one year; and shall elect annually thereafter one member of the finance committee to serve for three (3) years and one member of the public works committee to serve for three (3) years. All of the previously elected officers shall hold their offices until the expiration of their terms, and until their successors have been elected and qualified. The voters may authorize the employment of assistants to any of the district officers, committees, commissions, and boards, as may be necessary in the conduct of the affairs of the district.
  2. In case of the death, resignation, or removal of any collector of taxes, the collector elected or appointed to complete the collection, has the same power to collect taxes as the collector first elected or appointed.
  3. Whenever a vacancy occurs in any office by death, removal out of the district, resignation, or by neglect or refusal to qualify, or for any other cause, a meeting of the council of the district may be called by any member then in office, and at the meeting a qualified voter shall be appointed to fill the vacancy and exercise all the powers of the office until the next annual district meeting.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-7. Notice of and place of district meetings.

  1. A district meeting shall be held annually on the first Saturday of August in each year at nine o’clock a.m. (9:00 a.m.), for the election of district officers and the transaction of all other business that may legally come before the meeting. The meeting shall be held within the town of Charlestown.
  2. District meetings other than the annual district meeting may be called in the manner provided in this section.
  3. The district clerk shall give notice of every annual meeting of the district by mailing notice of the meeting to all of the persons named in the list of voters, corrected and filed as provided in § 45-52-4 .
  4. Notice of an annual district meeting shall be given by mailing a written or printed notice of the time when and the place where the meeting is to be held not less than seven (7) and not more than ten (10) days prior to the day appointed for the meeting.
  5. Whenever the district council and/or one-third (1/3) of the qualified voters makes a request, in writing, for the calling of a special district meeting to transact any business relating to the district, in respect of which they have a right to vote, and direct the request to the district clerk, the district clerk shall cause the voters to be duly notified of the time when and the place where the meeting is to be held and of the business proposed to be transacted at the meeting.
  6. Notice of special district meetings shall be given in the manner provided for annual district meetings. At all special district meetings no business shall be transacted other than that stated in the call.

History of Section. P.L. 1990, ch. 499, § 1; P.L. 1999, ch. 354, § 52.

45-52-8. District treasurer.

  1. The district treasurer, before he or she proceeds to discharge the duties of his or her office, shall give bond to the district in the sum and with surety that the voters may determine, conditioned for the faithful discharge of the duties of his or her office. The bond shall be deposited with the district clerk.
  2. The treasurer shall pay out no moneys other than those moneys authorized to be expended by vote of the district.
  3. The district treasurer shall, at the annual district meeting, make a statement of his or her accounts, in writing, showing the several sums received and paid by him or her during the previous year, and showing in detail the persons to whom, and the purpose for which, the payments were made.
  4. The accounts shall be audited annually by a person or persons as the district may direct.
  5. The district treasurer shall retain all his or her vouchers or receipts for the payments charged in the account, to be kept on file with other papers of his or her office.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-9. Collector of taxes.

  1. The collector of taxes, before he or she proceeds to discharge the duties of his or her office, shall give bond to the district in the sum and with surety as the voters may determine, conditioned for the faithful discharge of the duties of his or her office. The bond shall be deposited with the district clerk.
  2. The collector of taxes shall pay over, and deliver to the district treasurer on the first day of each month, the total taxes collected by him or her during the previous month, and at the same time deliver to the district treasurer a statement containing the names of the persons and the amount of tax paid by each person during the previous month.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-10. District council.

  1. The moderator, the treasurer, the district clerk, the chairperson of the finance committee and the chairperson of the public works committee, constitute a district council. It is the duty of the district council to:
    1. Supervise and coordinate the activities of all of the officers, commissions, and committees of the district;
    2. Fill vacancies in offices as provided in § 45-52-6(b) ;
    3. Prepare, or have prepared, ordinances relative to the district and its activities, and present the ordinances to either the annual or special meeting of the district for action; and
    4. Develop for, and present to, the annual or a special meeting called for the purpose, plans for the improvement and development of the district.
  2. The council also has the care, management, and control of all property and equipment owned by the district, subject to any ordinances, bylaws, and regulations which the district may make with respect to them. Three (3) members of the council constitute a quorum. Notice of the time and place of the meeting shall be given by the member calling the meeting by mailing written notice of the meeting at least five (5) days prior to the meeting to each of the members of the council.
  3. The district council shall, at least twenty (20) days before each and every annual meeting, sit in open meeting to receive requests for funds to defray the cost of the activities of the district, and to receive suggestions for expenditures to improve the property of the district, extend the usefulness of the district to residents, and for all other purposes, and shall report thereon to the annual meeting with its recommendations.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-11. Taxes — Levy, assessment, and collection.

  1. All real property in the district shall be taxed to the owners, whether individuals, copartnerships, or corporations, according to the last valuation made by the assessor of taxes of the town of Charlestown, prior to the next assessment, adding, however, any taxable real property which may have been omitted by the assessor of taxes of the town of Charlestown or afterwards acquired, and in all cases where the town assessor may have included property within the district and property without the district in one valuation, the tax assessor of the district shall make an equitable valuation of that portion of the property lying within the district.
  2. In assessing and collecting taxes, the proceedings shall be had by the officers of the district, as near as may be, as are required to be had by the corresponding officers of towns in the state in assessing and collecting town taxes.

History of Section. P.L. 1990, ch. 499, § 1.

45-52-12. Powers of and suits by and against the district.

  1. The district may have a common seal and, in its corporate name, may sue and be sued, prosecute, and defend, in any court and elsewhere, and enjoy all the other powers generally incident to corporations.
  2. The district may take, purchase, and hold real estate and personal estate, and alienate and convey that real and personal estate, and subject to limitations contained in this chapter, may borrow money and incur indebtedness. All real and personal estate held by the district and not used for commercial purposes is exempt from all taxation. The district may hold real estate located outside of the jurisdictional bounds of the district for use of wells and watershed areas, and establish water lines outside the bounds.
  3. The district may raise, by a tax on real estate, sums of money that are necessary to pay district debts or to defray the charges and expenses of the district, and pay the sums out of the treasury; provided, that the tax is voted at a legal meeting of the voters of the district.
  4. The district may at any legal meeting grant and vote sums of money that it judges necessary:
    1. For the installation, renewal, replacement, purchasing, and procuring of implements and apparatus, wells, and distribution systems, for a district water system.
    2. For the purpose of supplying the inhabitants of the district with water for fire protection and a domestic water supply for the inhabitants of the district.
    3. For the purpose of providing for the collection and disposal of garbage.
    4. For the purpose of improving the property of the district and purchasing additional property.
    5. For the purchase of sites for the erection and repair of district structures.
    6. For the establishment of water lines, pipes, conduits, hydrants, and other district structures.
    7. For the making and repairing of sidewalks, and cleaning the streets and public beaches.
    8. For the improvement in any manner it may deem fit of any property belonging to the district.
    9. For the purpose of creating a reserve fund, not to exceed in the aggregate, forty thousand dollars ($40,000) for the extinguishment of debts or for the future replacement of property.
    10. For all necessary charges and expenses arising within the district, incidental or not, to the district.
  5. The acts, ordinances and bylaws of the district shall continue in force until altered or annulled by vote of the district or by law.
  6. No person may commence an action against the district or any of its officers for damage suffered to person or property by reason of defect, want of repair of any of the district’s property, or by reason of injury suffered to person or property by reason of lack of care and diligence on the part of the district, its officers, or servants, in the performance of any of the acts authorized in this chapter.
  7. Any elected or appointed water district official, employee, official, or member of the district is entitled to all the rights and benefits of indemnification, as provided for corresponding elected or appointed officials, employees, official, or member of a fire district as provided under the provisions of an act entitled “An act relating to claims against employees of public bodies Indemnification” enacted at the January session, 1988, of the general assembly, this act being an amendment of of chapter 15 of title 45 entitled “Actions by and against towns”. § 45-15-16 Click to view
  8. Every suit, whether in law or equity, brought by the district, is brought in the name of the district unless otherwise directed by law.
  9. All the outstanding notes, indebtedness, and contracts of the district shall be paid and fulfilled according to its tenor, and all district works authorized to be prosecuted shall be prosecuted, and all indebtedness authorized to be incurred on account may be incurred, according to the tenor of the authority.
  10. The district may also borrow money from time to time for the preceding purposes, and issue its notes or bonds, which shall be binding upon the district in the same manner as city or town notes or bonds are binding upon the city or town issuing them, but the district shall not have outstanding, at any one time, notes or bonds of a face value of more than one and one-half percent (1.5%) of the total assessed value of this taxable property within the district, but the giving of a new note or bond for a preexisting debt, or for money borrowed and applied to the payment of the preexisting debt, is excepted from the provisions of this section, and the amount of any sinking fund shall be deducted in computing the indebtedness.
  11. The district may enter into agreements with the towns of Westerly, Charlestown, and South Kingstown or other corporations from time to time, in relation to the supply of water to the district.
  12. The district may, from time to time, make and ordain all ordinances, bylaws, and regulations for the district, not repugnant to law which it may deem necessary for the preservation of the health of its inhabitants; prevention and abatement of nuisances; for the promotion of cleanliness; to prevent the indecent exposure of anyone bathing in any of the waters within the district; for the care and management of parks and grounds belonging to the district; for the control and regulation of parking of motor vehicles on property belonging to the district and in other places within the district in cooperation with the authorities of the town of Charlestown; and generally, all other ordinances, managing, and directing of the affairs of the district not repugnant to the laws of the state and to the ordinances of the town of Charlestown.
  13. The district may impose penalties for the violation of ordinances, bylaws, and regulations, not exceeding in the amount of one hundred dollars ($100) or imprisonment not exceeding ten (10) days, for any offense, unless other penalties, or penalties within other limits, are especially prescribed by the statutes of the state, to be prosecuted before the district court of the fourth division by some officer appointed for that purpose, and to be received to the use of the district.
  14. The district may appoint all necessary officers for the execution of its ordinances, bylaws, and regulations; may define their duties and fix their compensation; and may relieve any officers at pleasure.

History of Section. P.L. 1990, ch. 499, § 1.

Chapter 52.1 Central Falls — Fiscal Emergency Act [Repealed.]

45-52.1-1 — 45-52.1-5. Repealed.

Repealed Sections.

This chapter (P.L. 1991, ch. 44, art. 41, § 1; P.L. 2001, ch. 180, § 145), concerning Central Falls fiscal emergency, was repealed by P.L. 2005, ch. 20, § 1, and by P.L. 2005, ch. 27, § 1, effective May 5, 2005.

Chapter 53 Low and Moderate Income Housing

45-53-1. Short title.

This chapter shall be known as the “Rhode Island Low and Moderate Income Housing Act”.

History of Section. P.L. 1991, ch. 154, § 1.

45-53-2. Legislative findings and intent.

The general assembly finds and declares that there exists an acute shortage of affordable, accessible, safe, and sanitary housing for its citizens of low and moderate income, both individuals and families; that it is imperative that action is taken immediately to assure the availability of affordable, accessible, safe, and sanitary housing for these persons; that it is necessary that each city and town provide opportunities for the establishment of low and moderate income housing; and that the provisions of this chapter are necessary to assure the health, safety, and welfare of all citizens of this state, and that each citizen enjoys the right to affordable, accessible, safe, and sanitary housing. It is further declared to be the purpose of this chapter to provide for housing opportunities for low and moderate income individuals and families in each city and town of the state and that an equal consideration shall be given to the retrofitting and rehabilitation of existing dwellings for low and moderate income housing and assimilating low and moderate income housing into existing and future developments and neighborhoods.

History of Section. P.L. 1991, ch. 154, § 1; P.L. 1997, ch. 319, § 1; P.L. 2005, ch. 139, § 3; P.L. 2005, ch. 297, § 3.

Law Reviews.

2006 Survey of Rhode Island Law: Case: Property Law: East Bay Community Development Corporation v. Zoning Board of Review of the Town of Barrington, 901 A.2d 1136 (R.I. 2006), see 12 Roger Williams U. L. Rev. 625 (2007).

NOTES TO DECISIONS

In General.

The purpose of this chapter was to remove zoning barriers to the construction of low and moderate income housing in each city and town of the state. Curran v. Church Community Hous. Corp., 672 A.2d 453, 1996 R.I. LEXIS 50 (1996).

Trial court erred in denying a developer’s motion to enjoin the enforcement of provisions in a town’s ordinances that provided for the imposition of “fees-in-lieu” of undertaking the construction of affordable housing in an effort to increase the availability of affordable housing in accordance with the Rhode Island Low and Moderate Income Housing Act, R.I. Gen. Laws tit. 45, ch. 53, because the town was not legally entitled to impose such fees-in-lieu in the absence of enabling authority from the General Assembly. North End Realty, LLC v. Mattos, 25 A.3d 527, 2011 R.I. LEXIS 111 (2011).

45-53-3. Definitions.

The following words, wherever used in this chapter, unless a different meaning clearly appears from the context, have the following meanings:

  1. “Affordable housing plan” means a component of a housing element, as defined in § 45-22.2-4(1) , to meet housing needs in a city or town that is prepared in accordance with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).
  2. “Approved affordable housing plan” means an affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council; provided, however, that state review and approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2–8, § 45-22.2–9, or § 45-22.2–12.
  3. “Comprehensive plan” means a comprehensive plan adopted and approved by a city or town pursuant to chapters 22.2 and 22.3 of this title.
  4. “Consistent with local needs” means reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in the city or town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residence of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by a city or town council after a comprehensive hearing in a city or town where:
    1. Low or moderate income housing exists which is: (A) in the case of an urban city or town which has at least 5,000 occupied year-round rental units and the units, as reported in the latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round rental units; or (B) in the case of all other cities or towns, is in excess of ten percent (10%) of the year-round housing units reported in the census.
    2. The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of either ten percent (10%) of the year-round housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided in subdivision (4)(i).
  5. “Infeasible” means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity housing cooperative.
  6. “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage finance corporation in accordance with § 42-55-5.3(a) .
  7. “Local board” means any town or city official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.
  8. “Local review board” means the planning board as defined by § 45-22.2-4(20) , or if designated by ordinance as the board to act on comprehensive permits for the town, the zoning board of review established pursuant to § 45-24-56 .
  9. “Low or moderate income housing” means any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.
  10. “Meeting housing needs” means adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.
  11. “Municipal government subsidy” means assistance that is made available through a city or town program sufficient to make housing affordable, as affordable housing is defined in § 42-128-8.1(d)(1) ; such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.

History of Section. P.L. 1991, ch. 154, § 1; P.L. 1998, ch. 58, § 1; P.L. 2004, ch. 286, § 10; P.L. 2004, ch. 324, § 10; P.L. 2005, ch. 139, § 3; P.L. 2005, ch. 297, § 3; P.L. 2009, ch. 310, § 65; P.L. 2021, ch. 395, § 16, effective July 14, 2021.

Compiler's Notes.

The definition of affordable housing plan in § 45-22.2-4 , referred to in subsection (1) of this section, was deleted from § 45-22.2-4 by P.L. 2011, ch. 215, § 1, and P.L. 2011, ch. 313, § 1.

NOTES TO DECISIONS

Authority of Zoning Board.

Zoning board acted within its authority in granting approval of the special exemption for the proposed project, since the project furthered the city’s goal of having 10% of housing inventory for low and moderate incomes, and the project is consistent with local needs and adequately addresses health, safety, and environmental concerns. Curran v. Church Community Hous. Corp., 672 A.2d 453, 1996 R.I. LEXIS 50 (1996).

Although the State Housing Appeals Board (SHAB) could relieve a developer of development impact fees on a low-income housing project, it could do so only upon a finding that the fees made the project infeasible pursuant to R.I. Gen. Laws § 45-53-3(3) . Town of Coventry Zoning Bd. of Review v. Omni Dev. Corp., 814 A.2d 889, 2003 R.I. LEXIS 31 (2003).

Since the record was replete with evidence that the developer’s proposal would not fit harmoniously within the surrounding neighborhood, and the State Housing Appeals Board (SHAB) weighed the evidence in light of other considerations set forth in R.I. Gen. Laws §§ 45-53-3(2) and 45-53-6(c) , such as the need for low and moderate income housing, the number of low income residents, and the extent to which the community met its housing needs, SHAB did not err when it found that the zoning board’s decision was consistent with the town’s comprehensive plan. Hous. Opportunities Corp. v. Zoning Bd. of Review, 890 A.2d 445, 2006 R.I. LEXIS 4 (2006).

45-53-4. Procedure for approval of construction of low or moderate income housing.

  1. Any applicant proposing to build low or moderate income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty-five percent (25%) of the housing is low or moderate income housing. The application and review process for a comprehensive permit shall be as follows:
    1. Submission requirements.  Applications for a comprehensive permit shall include:
      1. A letter of eligibility issued by the Rhode Island housing mortgage finance corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and
      2. A written request to the local review board to submit a single application to build or rehabilitate low or moderate income housing in lieu of separate applications to the applicable local boards. The written request shall identify the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking relief; and
      3. A proposed timetable for the commencement of construction and completion of the project; and
      4. A sample land lease or deed restriction with affordability liens that will restrict use as low and moderate income housing in conformance with the guidelines of the agency providing the subsidy for the low and moderate income housing, but for a period of not less than thirty (30) years; and
      5. Identification of an approved entity that will monitor the long-term affordability of the low and moderate income units; and
      6. A financial pro-forma for the proposed development; and
      7. For comprehensive permit applications: (A) not involving major land developments or major subdivisions including, but not limited to, applications seeking relief from specific provisions of a local zoning ordinance, or involving administrative subdivisions, minor land developments or minor subdivisions, or other local ordinances and regulations: those items required by local regulations promulgated pursuant to applicable state law, with the exception of evidence of state or federal permits; and for comprehensive permit applications; and (B) involving major land developments and major subdivisions, unless otherwise agreed to by the applicant and the town; those items included in the checklist for the master plan in the local regulations promulgated pursuant to § 45-23-40 . Subsequent to master plan approval, the applicant must submit those items included in the checklist for a preliminary plan for a major land development or major subdivision project in the local regulations promulgated pursuant to § 45-23-41 , with the exception of evidence of state or federal permits. All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit; and
      8. Municipalities may impose fees on comprehensive permit applications that are consistent with but do not exceed fees that would otherwise be assessed for a project of the same scope and type but not proceeding under this chapter, provided, however, that the imposition of such fees shall not preclude a showing by a non-profit applicant that the fees make the project financially infeasible; and (xi) Notwithstanding the submission requirements set forth above, the local review board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.
    2. Certification of completeness.  The application must be certified complete or incomplete by the administrative officer according to the provisions of § 45-23-36 ; provided, however, that for a major land development or major subdivision, the certificate for a master plan shall be granted within thirty (30) days and for a preliminary plan shall be granted within forty-five (45) days. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
    3. Pre-application conference.  Where the comprehensive permit application proposal is a major land development project or a major subdivision pursuant to chapter 23 of this title a municipality may require an applicant proposing a project under this chapter to first schedule a pre-application conference with the local review board, the technical review committee established pursuant to § 45-23-56 , or with the administrative officer for the local review board and other local officials, as appropriate. To request a pre-application conference, the applicant shall submit a short description of the project in writing including the number of units, type of housing, as well as a location map. The purpose of the pre-application conference shall be to review a concept plan of the proposed development. Upon receipt of a request by an applicant for a pre-application conference, the municipality has thirty (30) days to schedule and hold the pre-application conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a comprehensive permit.
    4. Review of applications.  An application filed in accordance with this chapter shall be reviewed by the local review board at a public hearing in accordance with the following provisions:
      1. Notification.  Upon issuance of a certificate of completeness for a comprehensive permit, the local review board shall immediately notify each local board, as applicable, of the filing of the application, by sending a copy to the local boards and to other parties entitled to notice of hearings on applications under the zoning ordinance and/or land development and subdivision regulations as applicable.
      2. Public Notice.  Public notice for all public hearings will be the same notice required under local regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42 . The cost of notice shall be paid by the applicant.
      3. Review of minor projects.  The review of a comprehensive permit application involving only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief from other local regulations or ordinances not otherwise addressed in this subsection, shall be conducted following the procedures in the applicable local regulations, with the exception that all minor land developments or minor subdivisions under this section are required to hold a public hearing on the application, and within ninety-five (95) days of issuance of the certificate of completeness, or within such further time as is agreed to by the applicant and the local review board, render a decision.
      4. Review of major projects.  In the review of a comprehensive permit application involving a major land development and/or major subdivision, the local review board shall hold a public hearing on the master plan and shall, within one hundred and twenty (120) days of issuance of the certification of completeness, or within such further amount of time as may be agreed to by the local review board and the applicant, render a decision. Preliminary and final plan review shall be conducted according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise specified in this section.
      5. Required findings.  In approving on an application, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:
        1. The proposed development is consistent with local needs as identified in the local comprehensive community plan with particular emphasis on the community’s affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
        2. The proposed development is in compliance with the standards and provisions of the municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or waived local concerns that have been affected by the relief granted do not outweigh the state and local need for low and moderate income housing.
        3. All low and moderate income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
        4. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
        5. There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community.
        6. All proposed land developments and all subdivisions lots will have adequate and permanent physical access to a public street in accordance with the requirements of § 45-23-60(5).
        7. The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.
      6. The local review board has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size, or shape, or building materials, as are consistent with the terms of this section.
      7. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons: (A) if city or town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; (B) the proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance with the comprehensive plan; (C) the proposal is not in conformance with the comprehensive plan; (D) the community has met or has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an urban town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 45-53-3(2)(i) being low and moderate income housing; or (E) concerns for the environment and the health and safety of current residents have not been adequately addressed.
      8. All local review board decisions on comprehensive permits shall be by majority vote of the membership of the board and may be appealed by the applicant to the state housing appeals board.
      9. If the public hearing is not convened or a decision is not rendered within the time allowed in subsection (a)(4)(iii) and (iv), the application is deemed to have been allowed and the relevant approval shall issue immediately; provided, however, that this provision shall not apply to any application remanded for hearing in any town where more than one application has been remanded for hearing provided for in § 45-53-6(f)(2) .
      10. Any person aggrieved by the issuance of an approval may appeal to the superior court within twenty (20) days of the issuance of approval.
      11. A comprehensive permit shall expire unless construction is started within twelve (12) months and completed within sixty (60) months of final plan approval unless a longer and/or phased period for development is agreed to by the local review board and the applicant. Low and moderate income housing units shall be built and occupied prior to, or simultaneous with the construction and occupancy of market rate units.
      12. A town with an approved affordable housing plan and that is meeting local housing needs may by council action limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent (1%) of the total number of year-round housing units in the town, as recognized in the affordable housing plan and notwithstanding the timetables set forth elsewhere in this section, the local review board shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this paragraph, sequentially in the order in which they are submitted.
      13. The local review board of a town with an approved affordable housing plan shall report the status of implementation to the housing resources commission, including the disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006 and for each June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare by October 15 and adopt by December 31, a report on the status of implementation, which shall be submitted to the governor, the speaker, the president of the senate and the chairperson of the state housing appeals board, and shall find which towns are not in compliance with implementation requirements.
      14. Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to commence hearings within thirty (30) days of receiving an application remanded by the state housing appeals board pursuant to § 45-53-6(f)(2) shall be heard as herein provided; in any town with more than one remanded application, applications may be scheduled for hearing in the order in which they were received, and may be taken up sequentially, with the thirty (30) day requirement for the initiation of hearings, commencing upon the decision of the earlier filed application.
    1. The general assembly finds and declares that in January 2004 towns throughout Rhode Island have been confronted by an unprecedented volume and complexity of development applications as a result of private for-profit developers using the provisions of this chapter and that in order to protect the public health and welfare in communities and to provide sufficient time to establish a reasonable and orderly process for the consideration of applications made under the provisions of this chapter, and to have communities prepare plans to meet low and moderate income housing goals, that it is necessary to impose a moratorium on the use of comprehensive permit applications as herein provided by private for-profit developers; a moratorium is hereby imposed on the use of the provisions of this chapter by private for-profit developers, which moratorium shall be effective on passage and shall expire on January 31, 2005 and may be revisited prior to expiration and extended to such other date as may be established by law. Notwithstanding the provisions of subsection (a) of this section, private for-profit developers may not utilize the procedure of this chapter until the expiration of the moratorium.
    2. No for-profit developer shall submit a new application for comprehensive permits until July 1, 2005, except by mutual agreement with the local review board.
    3. Notwithstanding the provisions of subdivision (b)(2) of this section, a local review board in a town which has submitted a plan in accordance with subsection (c) of this section, shall not be required to accept an application for a new comprehensive permit from a for-profit developer until October 1, 2005.
  2. Towns and cities that are not in conformity with the provisions of § 45-53-3(2)(i) shall prepare by December 31, 2004, a comprehensive plan housing element for low and moderate income housing as specified by § 45-53-3(2)(ii), consistent with applicable law and regulation. That the secretary of the planning board or commission of each city or town subject to the requirements of this paragraph shall report in writing the status of the preparation of the housing element for low and moderate income housing on or before June 30, 2004, and on or before December 31, 2004, to the secretary of the state planning council, to the chair of the house committee on corporations and to the chair of the senate committee on commerce, housing and municipal government. The state housing appeals board shall use said plan elements in making determinations provided for in § 45-53-6(b)(2).
  3. If any provision of this section or the application thereof shall for any reason be judged invalid, such judgment shall not affect, impair, or invalidate the remainder of this section or of any other provision of this chapter, but shall be confined in its effect to the provision or application directly involved in the controversy giving rise to the judgment, and a moratorium on the applications of for-profit developers pursuant to this chapter shall remain and continue to be in effect for the period commencing on the day this section becomes law [February 13, 2004] and continue until it shall expire on January 31, 2005, or until amended further.
  4. In planning for, awarding and otherwise administering programs and funds for housing and for community development, state departments, agencies, boards and commissions, public corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of § 45-53-3(ii) give priority to the maximum extent allowable by law, to towns with an approved affordable housing plan. The director of administration shall adopt not later than January 31, 2005, regulations to implement the provisions of this section.

History of Section. P.L. 1991, ch. 154, § 1; P.L. 1998, ch. 58, § 1; P.L. 2002, ch. 416, § 1; P.L. 2004, ch. 3, § 1; P.L. 2004, ch. 4, § 1; P.L. 2004, ch. 286, § 11; P.L. 2004, ch. 324, § 11; P.L. 2005, ch. 139, § 3; P.L. 2005, ch. 297, § 3; P.L. 2006, ch. 371, § 1; P.L. 2006, ch. 511, § 1.

NOTES TO DECISIONS

Authority of Zoning Board.

Zoning board acted within its authority in granting approval of the special exemption for the proposed project, since the project furthered the city’s goal of having 10% of housing inventory for low and moderate incomes, and the project is consistent with local needs and adequately addresses health, safety, and environmental concerns. Curran v. Church Community Hous. Corp., 672 A.2d 453, 1996 R.I. LEXIS 50 (1996).

It was not possible to review a zoning board’s approval of a scaled down affordable housing project because there were no findings supporting the decision, only conclusory statements; this rendered the decision arbitrary and capricious, necessitating remand for further proceedings. Kaveny v. Town of Cumberland Zoning Bd. of Review, 875 A.2d 1, 2005 R.I. LEXIS 116 (2005).

State Housing Appeals Board made an error of law in determining that a developer’s comprehensive permit application was substantially complete as of the moratorium date on such applications because the application contained no master plan in disregard of the plain language of R.I. Gen. Laws § 45-53-6(f)(1)(i)(H) and the Board, in erroneously finding that the Town of Smithfield’s zoning board treated the application as substantially complete, did not consider the statutory pressure the board was under to convene and continue to hold hearings to comply with the pre-moratorium version of R.I. Gen. Laws § 45-53-4 . Town of Smithfield v. Churchill & Banks Cos., LLC, 924 A.2d 796, 2007 R.I. LEXIS 82 (2007).

Comprehensive Permit Process.

Abutting landowners failed to carry their burden of showing that the comprehensive permit process was void for vagueness, involved an unconstitutional delegation of power, or violated due process or equal protection; the statute clearly set forth the standards to be applied in denying an application, and, in the absence of any suspect classifications, reasonably related to the public good in the form of promoting availability of affordable housing. Kaveny v. Town of Cumberland Zoning Bd. of Review, 875 A.2d 1, 2005 R.I. LEXIS 116 (2005).

Standing.

In order to obtain review of a local municipal zoning board decision that approves a special exception for low and moderate housing, an appeal must be taken by an aggrieved person who has an actual stake in the outcome of the controversy. Town of Coventry Zoning Bd. of Review v. Omni Dev. Corp., 814 A.2d 889, 2003 R.I. LEXIS 31 (2003).

Local zoning board lacked standing to appeal a State Housing Appeals Board’s decision relating to a low-income housing development. Town of Coventry Zoning Bd. of Review v. Omni Dev. Corp., 814 A.2d 889, 2003 R.I. LEXIS 31 (2003).

45-53-5. Appeals to state housing appeals board — Judicial review.

  1. Whenever an application filed under the provisions of § 45-53-4 is denied, or is granted with conditions and requirements that make the building or operation of the housing infeasible, the applicant has the right to appeal to the state housing appeals board established by § 45-53-7 , for a review of the application. The appeal shall be taken within twenty (20) days after the date of the notice of the decision by the local review board by filing with the appeals board a statement of the prior proceedings and the reasons upon which the appeal is based.
  2. The appeals board shall immediately notify the local review board of the filing of the petition for review and the latter shall, within ten (10) days of the receipt of the notice, transmit a copy of its decision and the reasons for that decision to the appeals board.
  3. The appeal shall be heard by the appeals board within twenty (20) days after the receipt of the applicant’s statement. A stenographic record of the proceedings shall be kept and the appeals board shall render a written decision and order, based upon a majority vote, stating its findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days after the termination of the hearing, unless the time has been extended by mutual agreement between the appeals board and the applicant. The decision and order may be appealed in the superior court within twenty (20) days of the issuance of the decision. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the state housing appeals board and, if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, constitutes the record upon which the determination of the court is made.
  4. The court shall not substitute its judgment for that of the state housing appeals board as to the weight of the evidence on questions of fact. The court may affirm the decision of the state housing appeals board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:
    1. In violation of constitutional, statutory, or ordinance provisions;
    2. In excess of the authority granted to the state housing appeal board by statute or ordinance;
    3. Made upon unlawful procedure;
    4. Affected by other error of law;
    5. Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
    6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
  5. Any appeal from the superior court to the supreme court pursuant to this section shall be by writ of certiorari.

History of Section. P.L. 1991, ch. 154, § 1; P.L. 2004, ch. 286, § 10; P.L. 2004, ch. 324, § 10; P.L. 2006, ch. 371, § 1; P.L. 2006, ch. 511, § 1.

NOTES TO DECISIONS

Majority Vote Required.

The language of this section provides that a majority vote of the nine-member state board would require at least five votes, and thus any vote lacking five board members’ approval would be invalid as a matter of law. Union Village Dev. Assocs. v. Town of N. Smithfield Zoning Bd. of Review, 738 A.2d 1084, 1999 R.I. LEXIS 187 (1999).

A decision to vacate a zoning board’s decision which was made by a vote of only four board members and by a plurality of only three of those four members was insufficient as a matter of law. Union Village Dev. Assocs. v. Town of N. Smithfield Zoning Bd. of Review, 738 A.2d 1084, 1999 R.I. LEXIS 187 (1999).

Standard of Review.

Although no standard of review is provided in this chapter, the Supreme Court’s standard of review is analogous to that applied by the Superior Court in considering appeals from local zoning boards of review pursuant to § 45-24-69 . Curran v. Church Community Hous. Corp., 672 A.2d 453, 1996 R.I. LEXIS 50 (1996).

R.I. Gen. Laws § 45-53-5 does not provide for a direct appeal from an adverse substantial completeness determination made by the Rhode Island State Housing Appeals Board pursuant to R.I. Gen. Laws § 45-53-6(f)(1) ; however, pursuant to R.I. Const. art. 10, § 2 , relief may be sought in the Rhode Island Supreme Court by way of a writ of certiorari. New Harbor Vill., LLC v. Town of New Shoreham Zoning Bd. of Review, 894 A.2d 901, 2006 R.I. LEXIS 39 (2006).

45-53-6. Power of state housing appeals board.

  1. The state housing appeals board shall have the powers to: (i) adopt, amend and repeal rules and regulations that are consistent with this chapter and are necessary to implement the requirements of §§ 45-53-5 , 45-53-6 , and 45-53-7 ; (ii) receive and expend state appropriations; and (iii) establish a reasonable fee schedule, which may be waived, to carry out its duties.
  2. In hearing the appeal, the state housing appeals board shall determine whether: (i) in the case of the denial of an application, the decision of the local review board was consistent with an approved affordable housing plan, or if the town does not have an approved affordable housing plan, was reasonable and consistent with local needs; and (ii) in the case of an approval of an application with conditions and requirements imposed, whether those conditions and requirements make the construction or operation of the housing infeasible and whether those conditions and requirements are consistent with an approved affordable housing plan, or if the town does not have an approved affordable housing plan, are consistent with local needs.
  3. In making a determination, the standards for reviewing the appeal include, but are not limited to:
    1. The consistency of the decision to deny or condition the permit with the approved affordable housing plan and/or approved comprehensive plan;
    2. The extent to which the community meets or plans to meet housing needs, as defined in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing low and moderate income housing units as a proportion of year-round housing;
    3. The consideration of the health and safety of existing residents;
    4. The consideration of environmental protection; and
    5. The extent to which the community applies local zoning ordinances and review procedures evenly on subsidized and unsubsidized housing applications alike.
  4. If the appeals board finds, in the case of a denial, that the decision of the local review board was not consistent with an approved affordable housing plan, or if the town does not have an approved affordable housing plan, was not reasonable and consistent with local needs, it shall vacate the decision and issue a decision and order approving the application, denying the application, or approving with various conditions consistent with local needs. If the appeals board finds, in the case of an approval with conditions and requirements imposed, that the decision of the local review board makes the building or operation of the housing infeasible, and/or the conditions and requirements are not consistent with an approved affordable housing plan, or if the town does not have an approved affordable housing plan, are not consistent with local needs, it shall issue a decision and order, modifying or removing any condition or requirement so as to make the proposal no longer infeasible and/or consistent, and approving the application; provided, that the appeals board shall not issue any decision and order that would permit the building or operation of the housing in accordance with standards less safe than the applicable building and site plan requirements of the federal Department of Housing and Urban Development or the Rhode Island housing and mortgage finance corporation, whichever agency is financially assisting the housing. Decisions or conditions and requirements imposed by a local review board that are consistent with approved affordable housing plans and/or with local needs shall not be vacated, modified, or removed by the appeals board notwithstanding that the decision or conditions and requirements have the effect of denying or making the applicant’s proposal infeasible.
  5. The appeals board or the applicant has the power to enforce the orders of the appeals board by an action brought in the superior court. The local review board shall carry out the decision and order of the appeals board within thirty (30) days of its entry and, upon failure to do so, the decision and order of the appeals board is, for all purposes, deemed to be the action of the local review board, unless the applicant consents to a different decision or order by the local review board. The decision and order of the appeals board is binding on the city or town, which shall immediately issue any and all necessary permits and approvals to allow the construction and operation of the housing as approved by the appeals board.
  6. The state housing appeals board shall:
    1. Upon an appeal of the applicant prior to August 1, 2004, rule on December 1, 2004, on the substantial completeness of applications as of February 13, 2004, that were affected by the moratorium established by § 45-53-4 (b).
      1. The determination of substantial completeness shall be based on whether there was on or before February 13, 2004, substantial completeness of substantially all of the following:
        1. A written request to the zoning board of review to submit a single application to build or rehabilitate low or moderate income housing in lieu of separate applications to the application local boards;
        2. A written list of variances, special use permits and waivers requested to local requirements and regulations, including local codes, ordinances, by-laws or regulations, including any requested waivers from the land development or subdivisions regulations, and a proposed timetable for completion of the project;
        3. Evidence of site control;
        4. Evidence of eligibility for a state or federal government subsidy, including a letter from the funding agency indicating the applicant and the project;
        5. Site development plans showing the locations and outlines of proposed buildings; the proposed location, general dimensions and materials for street, drives, parking areas, walks and paved areas; proposed landscaping improvements and open areas within the site; and the proposed location and types of sewage, drainage and water facilities;
        6. A report on existing site conditions and a summary of conditions in the surrounding areas, showing the location and nature of existing buildings, existing street elevations, traffic patterns and character of open areas, including wetlands and flood plains, in the neighborhood;
        7. A tabulation of proposed buildings by type, size (number of bedrooms, floor area) and ground coverage and a summary showing the percentage of the tract to be occupied by buildings, by parking and other paved vehicular areas and by open spaces;
        8. A master plan, if the development proposal is for a major or minor land development plan or a major or minor subdivision;
        9. a sample land lease or deed restrictions with affordability liens that will restrict use as low and moderate income housing units for a period of not less than thirty (30) years; and
        10. The list of all persons entitled to notice in accordance with § 45-24-53 .
      2. Notwithstanding the provisions of paragraph (i) of this subdivision, if the zoning board of review determined the application to be substantially complete and/or acted in manner demonstrating that it considered the application substantially complete for the purposes of reviewing the application, the state housing appeals board shall consider the application substantially complete.
    2. Remand for hearing in accordance with the provisions of § 45-53-4 applications which are determined to be substantially complete, which hearings may be conducted (or resume) under the provisions in effect on February 13, 2004, unless the applicant and the board shall mutually agree that the hearing shall proceed under the provisions in effect on December 1, 2004, which hearings may commence on or after January 1, 2005, but shall commence not later than January 31, 2005, on applications in the order in which they were received by the town, unless a different commencement date is mutually agreed to by the applicant and the local board hearing the applications; the local review board shall not be obligated to hear, and may deny, any application affected by the moratorium unless it was determined to be substantially complete in accordance with the provisions of subdivision (1) of this subsection, and the local review board may require such additional submissions as may be specified by the town or necessary for the review of the application.
    3. Hear and decide appeals, other than those covered by subdivision (1) of this subsection, for which it took jurisdiction on or before May 1, 2004.
    4. Continue to hear and decide appeals filed by nonprofit organizations.
    5. Conduct such other business as may be reasonable and appropriate in order to facilitate an orderly transfer of activities to the state housing appeals board as it shall be constituted after January 1, 2005.

History of Section. P.L. 1991, ch. 154, § 1; P.L. 2004, ch. 286, § 10; P.L. 2004, ch. 324, § 10; P.L. 2005, ch. 139, § 3; P.L. 2005, ch. 297, § 3; P.L. 2006, ch. 371, § 1; P.L. 2006, ch. 511, § 1.

NOTES TO DECISIONS

Constitutionality.

State Housing Appeals Board’s required standard of review of a denial of an application to develop affordable housing, which under R.I. Gen. Laws §§ 45-53-6 and 45-53-3 was more stringent when a municipality had failed to reach its statutory quota of affordable housing, did not violate equal protection or substantive due process. The state had a legitimate interest in addressing the housing needs of its poorer citizens, and the court could not say that the Low and Moderate Income Housing Act was unrelated to the health, safety, or welfare of the individuals and families whom the General Assembly sought to affect through its enactment. E. Bay Cmty. Dev. Corp. v. Zoning Bd. of Review, 901 A.2d 1136, 2006 R.I. LEXIS 137 (2006).

Pursuant to R.I. Gen. Laws § 45-53-6(c) , the State Housing Appeals Board could not vacate, modify, or reverse a decision or remove any conditions attached to a conditional approval of a low-income housing project that were consistent with local needs, even though the conditions might make the project infeasible. The Board failed to make specific findings, failed to take into account existing subdivision regulations, and failed to use the correct standard of review found in R.I. Gen. Laws § 45-53-6(a) . Town of Coventry Zoning Bd. of Review v. Omni Dev. Corp., 814 A.2d 889, 2003 R.I. LEXIS 31 (2003).

Denial of Application.

State Housing Appeals Board (SHAB), in applying analyses required by R.I. Gen. Laws §§ 45-53-6 and 45-53-3(2) when reviewing a denial of an application to develop affordable housing, did not violate a town’s procedural due process rights, given the clear and unambiguous language of the statutes and the Rhode Island Supreme Court’s amplification of SHAB’s analytical responsibilities five months before an application for a low-income-housing permit was filed. The town’s contention that it was somehow prohibited from having an adequate opportunity to research applicable case law fell far short of a due process violation. E. Bay Cmty. Dev. Corp. v. Zoning Bd. of Review, 901 A.2d 1136, 2006 R.I. LEXIS 137 (2006).

Factors for Review.

Because the developer sold the property to a limited liability company of which the developer was the controlling member prior to the effective date of R.I. Gen. Laws § 45-53-6(f)(1) , the State Housing Appeals Board properly dismissed for lack of standing the developer’s appeal of a town zoning board decision denying the developer’s application for a comprehensive permit to develop low and moderate income housing. Cortellesso v. Town of Smithfield Zoning Bd. of Review, 888 A.2d 979, 2005 R.I. LEXIS 198 (2005).

Since the record was replete with evidence that the developer’s proposal would not fit harmoniously within the surrounding neighborhood, and the State Housing Appeals Board (SHAB) weighed the evidence in light of other considerations set forth in R.I. Gen. Laws §§ 45-53-3(2) and 45-53-6(c) , such as the need for low and moderate income housing, the number of low income residents, and the extent to which the community met its housing needs, SHAB did not err when it found that the zoning board’s decision was consistent with the town’s comprehensive plan. Hous. Opportunities Corp. v. Zoning Bd. of Review, 890 A.2d 445, 2006 R.I. LEXIS 4 (2006).

State Housing Appeals Board properly found that a zoning board’s denial of an application to develop affordable housing was not consistent with local needs. Based on its reasoned findings, the board concluded that the development would not have a negative impact on traffic safety, did not exhibit fire risks that could not be adequately addressed at the building permit stage, and was not excessively dense, and that the zoning board had unreasonably found otherwise. E. Bay Cmty. Dev. Corp. v. Zoning Bd. of Review, 901 A.2d 1136, 2006 R.I. LEXIS 137 (2006).

Substantially Complete.

Although R.I. Gen. Laws § 45-53-6(f)(1) delineates alternative standards for the State Housing Appeals Board to deem a comprehensive permit application substantially complete, the Board’s finding that the statute was inapplicable was not clearly erroneous; thus, the Board’s finding that a company’s application was not substantially complete as of February 13, 2004, was affirmed. W. Reservoir, LLC v. Town of Smithfield Zoning Bd. of Review, 884 A.2d 977, 2005 R.I. LEXIS 197 (2005).

R.I. Gen. Laws § 45-53-5 does not provide for a direct appeal from an adverse substantial completeness determination made by the Rhode Island State Housing Appeals Board pursuant to R.I. Gen. Laws § 45-53-6(f)(1) ; however, pursuant to R.I. Const. art. 10, § 2 , relief may be sought in the Rhode Island Supreme Court by way of a writ of certiorari. New Harbor Vill., LLC v. Town of New Shoreham Zoning Bd. of Review, 894 A.2d 901, 2006 R.I. LEXIS 39 (2006).

State Housing Appeals Board made an error of law in determining that a developer’s comprehensive permit application was substantially complete as of the moratorium date on such applications because the application contained no master plan in disregard of the plain language of R.I. Gen. Laws § 45-53-6(f)(1)(i)(H) and the Board, in erroneously finding that the Town of Smithfield’s zoning board treated the application as substantially complete, did not consider the statutory pressure the board was under to convene and continue to hold hearings to comply with the pre-moratorium version of R.I. Gen. Laws § 45-53-4 . Town of Smithfield v. Churchill & Banks Cos., LLC, 924 A.2d 796, 2007 R.I. LEXIS 82 (2007).

State Housing Appeals Board’s definition of substantial completeness, “substantial” meaning material or important and “complete” meaning having all parts or elements, was misapplied by the Board in finding the developers’ comprehensive permit applications to be substantially complete, improperly focusing on sufficiency rather the substantial completeness; the applications were missing, waivers, time tables, and evidence of eligibility for a government subsidy. Town of Burrillville v. Pascoag Apt. Assocs., LLC, 950 A.2d 435, 2008 R.I. LEXIS 81 (2008).

45-53-7. Housing appeals board.

    1. There shall be within the state a housing appeals board consisting of seven (7) voting members to be appointed by the governor, who shall include four (4) local officials, who shall not be from the same city or town; two (2) of whom shall be from a city or town with a population of less than twenty-five thousand (25,000); and two (2) of whom shall be from a city or town with a population of twenty-five thousand (25,000) or greater, and shall include one local zoning board member, one local planning board member, one city council member and one town council member, one of the local official members shall be designated by the governor as the alternative local official member who shall be a voting member of the board only in the event that one or more of the other three (3) local officials is unable to serve at a hearing; one affordable housing developer; one affordable housing advocate; one representative of the business community; and one attorney knowledgeable in land use regulation, who should be chairperson of the board.
    2. Those members of the board as of July 2, 2004 who were appointed to the board by members of the general assembly shall cease to be members of the board on July 2, 2004, and the governor shall thereupon nominate four (4) new members each of whom shall serve for the balance of the current term of his or her predecessor.
    3. All other members of the commission as of July 2, 2004 shall continue to serve for the duration of their current terms.
    4. All gubernatorial appointments made under this section after July 2, 2004 shall be subject to the advice and consent of the senate.
  1. All appointments are for two (2) year terms; except as otherwise provided in subsection (a)(2) of this section, the terms of members appointed after December 31, 2004, shall be for three (3) years. Each member who is duly appointed or continued in office after January 1, 2005, shall hold office for the term for which the member is appointed and until the member’s successor shall have been appointed and qualified, or until the member’s earlier death, resignation, or removal. A member shall receive no compensation for his or her services, but shall be reimbursed by the state for all reasonable expenses actually and necessarily incurred in the performance of his or her official duties. The board shall hear all petitions for review filed under § 45-53-5 , and shall conduct all hearings in accordance with the rules and regulations established by the chair. Rhode Island housing shall provide space, and clerical and other assistance, as the board may require.

History of Section. P.L. 1991, ch. 154, § 1; P.L. 2001, ch. 180, § 146; P.L. 2004, ch. 286, § 12; P.L. 2004, ch. 324, § 12; P.L. 2009, ch. 310, § 65.

45-53-8. Severability.

If any provision of this chapter or of any rule, regulation, or determination made under this chapter, or its application to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination, and the application of the provision to other persons, agencies, or circumstances, shall not be affected thereby. The invalidity of any section or sections, or part of any section or sections, of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1991, ch. 154, § 1.

45-53-9. Oversight commission.

  1. There is hereby created an oversight commission to be known as “The Housing Act of 2013 Implementation Oversight Commission” to consist of fifteen (15) members: chair of house corporations or designee; chair of senate housing and municipal government or designee; two (2) members of the house appointed by the speaker, one of whom shall be from the minority party; two (2) members of the senate appointed by the senate president, one of whom shall be from the minority party; four (4) designees of the president of the League of Cities and Towns, two (2) of whom shall be from a municipality under twenty-five thousand (25,000) population, and two (2) of whom shall be from a municipality of twenty-five thousand (25,000) population or over; and one representative each from the Rhode Island Builders Association, Rhode Island Housing, Housing Action Coalition, Grow Smart Rhode Island and Housing Network.
  2. The purposes of the commission shall be: (1) to monitor and evaluate the implementation of the act including the preparation and review, by statewide planning, of local plans; (2) to monitor the development and adoption of the state strategic housing plan by the housing resources commission and statewide planning; (3) to review the progress reports submitted by the housing resources commission; (4) to recommend any changes that may be needed in the law; and (5) to assess the need for resources to accomplish housing objectives and to make recommendations.
  3. Forthwith upon the passage of this act, the members shall meet at the call of the speaker, and shall elect from among themselves co-chairs, who shall be legislators. Vacancies in said commission shall be filled in the manner as the original appointment.
  4. The commission is empowered to appoint committees, which may include persons who are not members of the commission. Five (5) members of the commission shall constitute a quorum. All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as necessary or desirable to accomplish the purpose set forth in this section. The speaker is hereby authorized and directed to provide quarters for the commission. The commission shall report findings and recommendations to the general assembly on or before March 1, 2017. The commission shall expire on March 31, 2020.

History of Section. P.L. 2004, ch. 286, § 13; P.L. 2004, ch. 324, § 13; P.L. 2007, ch. 55, § 1; P.L. 2007, ch. 70, § 1; P.L. 2009, ch. 243, § 1; P.L. 2010, ch. 217, § 1; P.L. 2012, ch. 19, § 1; P.L. 2012, ch. 22, § 1; P.L. 2013, ch. 273, § 1; P.L. 2013, ch. 350, § 1.

Compiler’s Notes.

P.L. 2012, ch. 19, § 1, and P.L. 2012, ch. 22, § 1 enacted identical amendments to this section.

P.L. 2013, ch. 273, § 1, and P.L. 2013, ch. 350, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2009, ch. 243, § 2 provides that the amendments to this section by that act shall take effect upon passage [November 10, 2009] and be retroactive to March 1, 2009.

P.L. 2010, ch. 217, § 2 provides that the amendments to this section by that act shall take effect upon passage [June 25, 2010] and be retroactive to March 1, 2010.

P.L. 2012, ch. 22, § 2 provides that the amendments to this section by that act shall take effect upon passage [April 9, 2012] and be retroactive to March 1, 2011.

Chapter 54 Municipal Detention Facility Corporations

45-54-1. Corporations created.

  1. For the purposes stated in this chapter there is incorporated in each city and town a body corporate and politic which shall be known as the municipal detention facility corporation of the municipality. The corporation is a public corporation, which is an instrumentality and agency of the municipality, but has a distinct legal existence from the municipality, and which has purposes that are consistent with the declaration of purpose set out in this chapter, and which has powers that are necessary and incidental to the effectuation of the stated purposes.
  2. The corporation of any city or town shall not have the authority to transact any business or exercise any powers under this chapter until the city or town council shall by resolution declare that there is a need for the corporation to function in the city or town.
  3. The corporation of each city or town shall cease to exist unless the city or town council passes the resolution specified in subsection (b) prior to December 31, 1991, the corporation of the municipality has entered into a contract for the operation of a detention facility with the United States Marshals’ Service prior to December 31, 1991, and the site of the detention facility has received all necessary zoning approvals by December 31, 1991.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-2. Legislative findings.

  1. It has been widely reported that the United States has need for a detention facility to be located within the state of Rhode Island.
  2. It is declared that a need for economic development projects exists within the state and that the development of a detention facility would help to meet the need for economic development and address the detention facility needs of the United States.
  3. It is further declared that the most efficient and effective method to further the public policy of the state to encourage the development and construction of a detention facility and other authorized projects is to permit the establishment of public corporations in each of the cities and towns of the state with the power to acquire, construct, erect, maintain, operate, manage, and lease land, buildings, and improvements to be used for a detention facility and other authorized projects.
  4. Any corporation created under this chapter is subject to the provisions of chapter 2 of title 38 and chapter 46 of title 42 and, in addition, the directors of the corporation are subject to the provisions of chapter 14 of title 36.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-3. Definitions.

As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

  1. “Bonds” means any bonds, interim certificates, notes, debentures, or other evidences of indebtedness of the corporation issued pursuant to this chapter;
  2. “Construction” means and includes acquisitions, construction, repair, rehabilitation, development, and installation, and the term “to construct” means and includes, to acquire, to construct, to repair, to rehabilitate, to develop, and to install, all in a manner as may be deemed desirable;
  3. “Corporation” means the municipal detention facility corporation created under this chapter;
    1. “Cost”, as applied to any project to be constructed or acquired by the corporation, includes: the cost of acquisition or construction and, if the project consists of public facilities, the cost of acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by the corporation for the construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of estimates and planning, engineering and legal services, plans, specifications, and surveys; estimates of costs and of revenues; other expenses necessary or incident to determining the feasibility or practicability of the construction; administrative expenses; and other expenses as may be necessary or incident to the construction, the financing of the construction, and the placing of the project in operation.
    2. The word “cost”, as applied to any project which the corporation may be authorized to acquire, means the amount of the purchase price of any public equipment or, if the project consists of public facilities, the amount of any condemnation award in connection with the acquisition of the project, and includes: the cost of acquiring all of the capital stock of the corporation owning the project, if that is the case, and the amount to be paid to discharge all of the obligations of the corporation in order to vest title to the project, which may be determined by the corporation to be necessary prior to the financing of the project; interest during the period of construction of the improvements and for one year thereafter; the cost of all lands, properties, rights, easements, franchises, and permits acquired; the cost of planning, engineering and legal services, plans, specifications, and surveys; estimates of cost and of revenues; other expenses necessary or incident to determining the feasibility or practicability of the acquisition or improvement; administrative expenses; and other expense as may be necessary or incident to the financing of the acquisition or improvement and the placing of project in operation by the corporation.
    3. The word “cost” includes the cost of purchase and installation of solar, wind, and renewable energy systems, which include solar thermal, solar, electric, and wind energy systems that provide heating, cooling, hot water, or electricity to a building, together with equipment for collection, storage, distribution, and control, including components of a building specifically designed to retain heat derived from solar energy;
  4. “Council” means the city or town council of a municipality;
  5. “Detention facility” means land, buildings, or improvements used for the purposes of detaining prisoners in accordance with the provisions of this chapter;
  6. “Director” means one of the members of the corporation appointed in accordance with the provisions of this chapter;
  7. “Federal agency” means and includes the United States of America, and any department of, or any corporation, agency, or instrumentality created, designated, or established by, the United States of America;
  8. “Improvement” means and includes extension, enlargement, and improvement, and the term “to improve” means and includes, to extend, to enlarge, and to improve, all in a manner as may be deemed desirable;
  9. “Municipality” means and includes any city or town within the state now existing or hereafter created;
  10. “Owner” means and includes all individuals, incorporated companies, copartnerships, societies, or associations, and, also, all municipalities and political subdivisions, and all public agencies and instrumentalities, having any title or interest in any property, rights, easements, or franchises authorized to be acquired under the provisions of this chapter;
  11. “Persons” means and includes natural persons, firms, associations, corporations, business trusts, partnerships, and public bodies;
  12. “Project” means any detention facility or public equipment which the corporation is authorized to construct, improve, equip, furnish, maintain, acquire, install, or operate under the provisions of this chapter, and includes all real and personal property related to it;
  13. “Public equipment” means and includes all tangible personal property, new or used, including, without limiting the generality of the preceding, all machinery, equipment, transportation equipment, maintenance equipment, construction equipment, sanitation equipment, police, fire, and public safety equipment, and all other things and rights usually included within that term, including any and all interests in property which are less than full title, as leasehold interests, security interests, and every other interest or right, legal or equitable; provided, that the public equipment is related to and used in connection with a detention facility; and
  14. “State” means and includes the state of Rhode Island, and any office, department, board, commission, bureau, division, authority, public corporation, agency, or instrumentality of the state.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-4. Resolution conclusive as to capacity of corporation.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract by, or on behalf of, a corporation, the corporation is exclusively deemed to be established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the city or town council declaring the need for the corporation to function.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-5. Board of directors — Tenure — Quorums.

  1. When the council of a city or town first adopts a resolution as provided for in § 45-54-1 , the elected chief executive officer, in cities and towns having a popularly elected chief executive officer, shall appoint five (5) persons, at least three (3) of whom shall be resident electors of the city or town as directors of the corporation. These appointments are subject to approval by the city or town council. In cities and towns where there is no popularly elected chief executive officer, the city or town council shall appoint five (5) persons, at least three (3) of whom shall be resident electors of the city or town as directors of the corporation.
  2. The directors who are first appointed are designated to serve for terms as follows: two (2) directors have initial terms of two (2) years; and three (3) directors have initial terms of three (3) years, respectively, from the date of their appointment. Thereafter, directors shall be appointed for a term of five (5) years, except that all vacancies shall be filled for the unexpired term by the chief executive officer of the city or town, if any, or the city or town council.
  3. Each director whose term of office expires shall continue to hold office until his or her successor is appointed and has qualified. Each director before entering upon his or her other duties will take an oath to support the constitution and laws of the state and the constitution of the United States and to faithfully and impartially discharge the duties of his or her office. The directors are subject to removal for cause by the elected chief executive officer, in cities and towns having a popularly elected chief executive officer, or by the town council, where there is no popularly elected chief executive officer. The directors receive no compensation for the performance of their duties, but are reimbursed for their reasonable expenses incurred in carrying out their duties under this chapter.
  4. No director or employee of the corporation shall acquire any direct interest in any project or in any property included or planned to be included in any project, nor shall he or she have any interest, direct or indirect, in any proposed contract for materials or services to be furnished in connection with any project. If any director or employee of the corporation owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he or she shall immediately disclose the interest, in writing, to the corporation and that disclosure shall be entered upon the minutes of the corporation. Failure to disclose the interest constitutes misconduct in office.
  5. No elected official of any city or town or director of the corporation shall become an employee of the corporation for at least two (2) years after leaving public office or ceasing to be a director of the corporation, as applicable.
  6. The corporation shall elect one of its directors as chairperson and another as vice-chairperson and shall also elect a secretary and a treasurer. Three (3) directors of the corporation constitutes a quorum and the vote of three (3) members is necessary for any action taken by the corporation. No vacancy in the board of directors of the corporation shall impair the right of the quorum to exercise all the rights and perform all the duties of the corporation.

History of Section. P.L. 1991, ch. 421, § 1; P.L. 2011, ch. 328, § 2; P.L. 2011, ch. 389, § 2.

Compiler’s Notes.

P.L. 2011, ch. 328, § 2, and P.L. 2011, ch. 389, § 2 enacted identical amendments to this section.

45-54-6. Powers.

Except to the extent inconsistent with any specific provision of this chapter, the corporation has the power:

  1. To sue and be sued, complain, and defend in its corporate name;
  2. To have a seal, which may be altered at pleasure, and to use the seal by causing it or a facsimile to be impressed, affixed, or in any other manner reproduced. The seal shall be clearly distinguishable from the seal of any city or town;
  3. To maintain an office at a place or places that it may designate within the boundaries of the city or town whose council established the corporation;
  4. To determine the location and character of any project to be financed under the provisions of this chapter, not inconsistent with local zoning ordinances;
  5. To purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest in it, necessary or desirable for carrying out the purposes for the corporation, and to mortgage, lease, or sell any of that property;
  6. To acquire, whether by purchase, lease, gift, exchange, or otherwise, and to construct, reconstruct, improve, erect, maintain, operate, manage, equip, and furnish, one or more projects, including all real, personal, or mixed properties which it may deem necessary in connection with that, and regardless of whether or not the project or projects shall then be in existence or shall then be partially or wholly constructed;
  7. To lease, as lessor, to any person, firm, partnership, or corporation, either public or private, any or all of its projects, and to charge and collect rent for them, and to terminate any lease upon the failure of the lessee to comply with any of the obligations of the lease;
  8. To lease, as lessee, any property, real, personal or mixed, or any interest in property;
  9. To sell, exchange, mortgage, donate, and convey any or all of its properties whenever it finds an action to be in furtherance of the purposes for which the corporation was established;
  10. To grant options to purchase any of its projects on whatever terms it may deem advisable, and to grant options to renew any leases entered into by it in connection with any of its projects on any terms it may deem advisable;
  11. To issue bonds of the corporation for the purpose of carrying out any of its purposes, payable solely from the revenues pledged by the bonds for their payment, and to refund its bonds, all as provided in this chapter;
  12. As security for the payment of the principal and interest on any bonds so issued and any agreements made in connection with that, to mortgage and pledge any or all of its projects, or any part or parts of them, whether then owned or thereafter acquired, to pledge their revenues and receipts or from an interest of the bonds, and to assign or pledge the income received by virtue of the lease or leases;
  13. To borrow money in anticipation of the issuance of bonds for any of its purposes, and to issue notes, certificates, or other evidences of the borrowing, upon terms as may be authorized by resolution of the corporation;
  14. To make and enter into all contracts, leases, and other agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; provided, that those contracts, leases, and other agreements with the federal government or other federal agency are governed by federal procurement procedures, and other contracts, leases, or other agreements are governed by the procurement requirements of the municipality, if any.
  15. Without limitation of the preceding, to borrow money from, to receive and accept grants for or in aid of construction or acquisition of projects authorized under this chapter from, and to enter into contracts, leases, or other transactions with, the federal government or any federal agency; and to receive and accept from the state or any municipality, and from any other source, aid or contributions of money, property, labor, or other things of value; to be held, used, and applied only for the purposes for which the grants and contributions may be made;
  16. To combine for financing purposes any two (2) or more projects authorized to be acquired or constructed under the provisions of this chapter;
  17. To employ, in its discretion, attorneys, accountants, architectural and engineering consultants, and other officers, employees, or agents as may be necessary in its judgment, and to fix their compensation;
  18. To acquire in the name of the corporation by purchase or otherwise, on terms and conditions and in the manner that it may deem proper, or by the exercise of the rights of condemnation in the manner provided in § 45-54-9 , public or private lands, or parts of them or rights in them, rights-of-way, property, rights, easements, and interests as it may deem necessary for carrying out the provisions of this chapter; provided, that all public property damaged in carrying out the powers granted by this chapter is restored or repaired and placed in its original condition as nearly as practicable;
  19. To do all other acts and to do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this chapter;
  20. To provide for the care, custody, control and transportation of all detainees or inmates committed to detention or incarceration at any project and to take all necessary steps to maintain security, safety and order, to prevent escapes from any project, to take all necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of any project, including, but not limited to, the development, planning and coordination of emergency riot procedures, and take suitable measures for the restoration of order;
  21. To establish and enforce standards for each project;
  22. To establish and fund training and education programs for employees, under the direction of the warden, the curriculum for which to be approved annually by the police officers’ commission on standards and training, and to hire, promote, transfer, assign, and retain employees for the operation of each project and suspend, demote, discharge, or take other necessary disciplinary action with regard to such employees;
  23. To determine the methods, means, and personnel by which the operation of each project is to be conducted;
  24. To relieve employees of duty because of lack of work or for other legitimate reasons;
  25. To investigate grievances of its employees and to inquire into alleged misconduct by employees;
  26. To make and promulgate necessary rules and regulations incident to the corporation’s exercise of its powers and the performance of the corporation’s duties, including, but not limited to, rules and regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services, communication and visiting privileges, classification, education, training, employment, care, and custody for all persons detained at any project; and
  27. To delegate any or all of the above referenced powers to its duly designated agents, servants, consultants or employees at its discretion, who being so designated may exercise said power(s) on behalf of the corporation.

History of Section. P.L. 1991, ch. 421, § 1; P.L. 1999, ch. 354, § 53; P.L. 2007, ch. 263, § 1; P.L. 2007, ch. 392, § 1.

45-54-7. Exemption from taxation.

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state and for the facilitation of the conduct of their public business, and as the acquisition, construction, operation, and maintenance by the corporation of the projects defined in this chapter will constitute the performance of essential governmental functions, the corporation is not required to pay any taxes or assessments upon the projects or upon any property acquired, or upon the income from the projects, or any other state or local tax of any kind or description, nor is the corporation required to pay any recording fee or transfer tax of any kind or description, and the bonds, issued under the provisions of this chapter, their transfer, and the income from them (including any profit made on the sale) at all time free from taxation by the state, or any political subdivision or other instrumentality of the state, excepting estate taxes, and the corporation shall pay property taxes and assessments on its properties located outside the boundaries of the city or town whose council established the corporation.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-8. Acquisition and construction of projects — Lease or sale — Conveyance to corporation — Request for project.

  1. In order to benefit the people of the municipality and to provide for their general health and welfare through economic development, and to maintain the high standards of a detention facility and public equipment, the corporation is authorized and empowered to acquire and construct a detention facility and to acquire public equipment; and to maintain, renovate, repair, and operate the detention facility and equipment; and to issue revenue bonds of the corporation, payable from the revenues derived from the leasing of these projects, to finance the projects. Development of these projects may be initiated by the corporation only upon request of the chief executive officer, if any, and the city or town council. Any request by the chief executive officer and the council to initiate a project pursuant to this chapter shall take the form of a proposal by the chief executive officer approved by the council. If there is no chief executive officer, development of these projects may be initiated by the corporation only upon the request of the city or town council. Any request by the city or town council to initiate a project pursuant to this chapter shall take the form of a resolution. The chief executive officer, if any, or a member of the council designated by the council, if there is no chief executive officer, is authorized to enter into a contract of lease for and on behalf of the city or town with the corporation for the leasing of any duly initiated projects, upon terms and conditions, that are agreed to by the chief executive officer, if any, or the council, if there is no chief executive officer, and the corporation.
  2. Without limiting the generality of the preceding, the corporation is expressly empowered to lease or sell a project or any part of it to the municipality. Any lease by the corporation to the municipality may be for any period, upon terms and conditions, with or without an option to purchase, that the corporation may determine.
  3. The provisions of any charter, other law, or ordinance, general, special, or local, or of any rule or regulation of the state or any municipality, restricting or regulating in any manner the power of any municipality to lease (as lessee or lessor) or sell property, real, personal, or mixed, do not apply to leases and sales made with the corporation pursuant to this chapter.
  4. Any municipality, notwithstanding any contrary provision of any charter, other law, or ordinance, general, special or local, or of any rule or regulation of the state or any municipality, is authorized and empowered to lease, lend, pledge, grant, or convey to the corporation at its request, upon terms and conditions that the chief executive officer, if any, with the concurrence of the council, or where no officer exists, the city or town council of the municipality, may deem reasonable and fair, and without the necessity for any advertisement, order of court, or other action or formality, any real property or personal property which may be necessary or convenient to effectuation of the authorized purposes of the corporation, including public roads and other real property already devoted to public use; and, subject to the aforesaid, the city or town consents to the use of all lands owned by the city or town which are deemed by the corporation to be necessary for the construction or operation of any project.
  5. The corporation and any municipality are authorized and empowered to contract for the acquisition of any projects or portions of them by the federal government; and to contract with any state, federal, or municipal agency for the performance of any services essential or convenient to its purposes under this chapter.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-9. Eminent domain proceedings.

  1. The corporation has the right to acquire any land, or any interest in it, including development rights, by the exercise of the power of eminent domain, whenever it is determined by the corporation that the acquisition of the land, or interest, is necessary for the construction or the operation of any project.
  2. The power of eminent domain shall be exercised only within the boundaries of the city or town whose council established the corporation.
  3. The necessity for acquisition is conclusively presumed upon the adoption by the corporation of a resolution declaring that the acquisition of the land, or interest in it, described in the resolution is necessary for the construction or operation of any project. Within six (6) months thereafter, the corporation shall cause to be filed, in the land evidence records of the city or town in which the land is located, a copy of the resolution of the corporation, together with a plat of the land, or interest in it described, and a statement signed by the chairperson of the corporation, that the land, or interest in it, is taken pursuant to the provisions of this chapter. Thereupon, the corporation shall file, in the superior court in and for the county in which the land, or interest in it, lies, a statement of the sum of money estimated by the corporation to be just compensation for the land taken.
  4. Upon filing of the copy of the resolution, plat, and statement in the land evidence records of the city or town, the filing, in the superior court, of the statement, and the depositing in the superior court, to the use of the person entitled to it, of such a sum as the court determines to be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its discretion, take evidence on the question to determine the sum to be deposited), title to the land, or interest in it, shall vest in the corporation in fee simple absolute and the corporation thereupon may take possession of the land, or interest in it.
  5. No sum so paid into the court shall be charged with clerk’s fees of any nature. After the filing of the copy, plat, and statement, notice of the taking of the land, or interest in it, shall be served upon the owners of and persons having an estate in and interest in the land by the sheriff or the sheriff’s deputies of the county in which the land, or interest in it, lies, leaving a true and attested copy of the description and statement with each of the persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode in this state occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest in it, taken of the absent persons if the persons are known to the officer; and after the filing of the resolution, plat, and statement, the secretary of the corporation shall cause a copy of the resolution and statement to be published in some newspaper published or having general circulation in the county where the land, or interest in it, may be located, at least once a week for three (3) successive weeks. If any persons agree with the corporation for the price of land, or interest in it, so taken, the court, upon the application of the parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceeding.
  6. Any owner of or person entitled to any estate in or interest in any part of the land, or interest in it, so taken, who cannot agree with the corporation for the price of the land, or interest in it, so taken, in which he or she is interested, may, within three (3) months after personal notice of the taking, or, if he or she has no personal notice, within one year from the first publication of the copy of the resolution and statement, apply, by petition, to the superior court in and for the county in which the land, or interest in it, lies, setting forth the taking of his or her land or interest in it, and praying for an assessment of damages by a jury. Upon the filing of the petition, the court shall cause twenty (20)days’ notice of the pendency of the petition to be given to the corporation with a certified copy, and may proceed after the notice to the trial; and the trial shall determine all questions of fact relating to the value of the land, or interest in it, and the amount and judgment shall be entered upon the verdict of the jury and execution shall be issued against the money so deposited in court and in default against any other property of the corporation. In case two (2) or more conflicting petitioners make claim to the same land, or to any interests in it, or to different interests in the same parcel of land, the court, upon motion, shall consolidate their several petitions for trial at the same time by the same jury, and may frame all necessary issues for the trial; and all proceedings taken pursuant to the provisions of this chapter shall take precedence over all other civil matters then pending before the court, or if the superior court, in and for the county in which the land, or interest in it, lies, is not in session in that county, then the proceedings may be heard in the superior court for the counties of Providence and Bristol.
  7. If any lands, or interests in them, in which any minor, or other person not capable in law to act in his or her own behalf, is interested are taken by the corporation under the provisions of this chapter, the superior court, upon the filing of any petition by or in behalf of the minor or other person, may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard in behalf of the minor or other person, and the guardian may also, with the advice and consent of the superior court and upon those terms that the superior court may prescribe, release to the corporation all claims for damages for the lands of the minor or other persons, or for any interest in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of any minor or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of any minor or other person, may, before the filing of any petition, agree with the corporation upon the amount of damages suffered by the minor or other person by any taking of his or her lands or of his or her interests in any lands, and may, upon receiving that amount, release to the corporation all claims of damages of the minor or other person for the taking.
  8. Whenever, from time to time, the corporation has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order that the amount of any excess, including any interest or increment on any sums so deposited, shall be repaid to the corporation. Whenever the corporation has satisfied the court that the claims of all persons interested in the land taken have been satisfied, the unexpended balance, including any interest or increment on any sums so deposited, shall immediately be paid to the corporation.
  9. In any proceedings for the assessment of compensation and damages for land or interest in it taken or to be taken by eminent domain by the corporation, the following provision is applicable: At any time during the pendency of any action or proceeding, the corporation or an owner may apply to the court for an order directing an owner or the corporation, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon that application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
  10. If any of the land, or interest therein, is devoted to a public use, it may be acquired, and the taking is effective, provided that no land, or interest in it, belonging to a public utilities administrator or other officer or tribunal having regulatory power over a public utility is taken. Any land, or interest in it, already acquired by the corporation may nevertheless be included within the taking for the purpose of acquiring any outstanding interests in the land.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-10. Revenue bonds.

  1. The corporation is authorized to provide by resolution for the issuance, at one time or from time to time, of revenue bonds of the corporation for the purpose of paying all or part of the cost of any one or more projects, the construction or acquisition of which is authorized by this chapter. The principal of and the interest on the bonds are payable from the funds provided for payment. The bonds of each issue shall be dated, bear interest at the rate or rates that the corporation determines, payable from time to time, shall mature at a time or times not exceeding fifty (50) years from their date or dates, as may be determined by the corporation, and may be redeemable before maturity, at the option of the corporation, at the price or prices and under terms and conditions that may be fixed by the corporation prior to the issuance of the bonds. The corporation shall determine the form of the bonds, including any interest coupons to be attached to them, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the corporation, or a facsimile of the signature shall be impressed or imprinted on the bonds and attested by the manual or facsimile signature of the secretary of the corporation, and any coupons attached to the bonds shall bear the facsimile signature of the chairperson of the corporation. In case any officer whose signature, or the facsimile of whose signature, appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or the facsimile is nevertheless valid and sufficient for all purposes, the same as if he or she had remained in office until the delivery. The bonds may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registration of any coupon bonds as to principal alone and, also, as to both principal and interest, for the reconversion into coupon bonds of any bonds registered and coupon bonds. The corporation may sell bonds in a manner, either at public or private sale, and for a price, as it may determine will best effect the purpose of this chapter.
  2. The proceeds of the bonds of each issue shall be used for the payment of the cost of the project or projects for which the bonds have been issued, and shall be disbursed in a manner and under restrictions, if any, that the corporation may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. If the proceeds of the bonds of any issue, by error of estimates or otherwise, are less than the cost, additional bonds may in like manner be issued to provide the amount of the deficit, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, are deemed to be of the same issue and shall be entitled to payment from the same fund without preference of priority of the bonds first issued. If the proceeds of the bonds of any issue exceed the cost, the surplus shall be deposited to the credit of the sinking fund for the bonds or may be applied to the payment of the cost of any project thereafter financed under the provisions of this chapter.
  3. Prior to the preparation of definitive bonds, the corporation may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when definitive bonds have been executed and are available for delivery. The corporation may also provide for the replacement of any bonds which become mutilated or are destroyed or lost. Bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions or things, other than those proceedings, conditions, or things which are specifically required by this chapter.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-11. Trust agreement.

In the discretion of the corporation, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign the revenues to be received and may convey, or mortgage or grant, a security interest in any project or any part of it or any combination of projects or parts of them. The trust agreement or resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders or noteholders as may be reasonable and proper and not in violation of law, including: covenants establishing the duties of the corporation in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the project or projects in connection with which the bonds have been authorized, and in relation to the custody, safeguarding, and application of all moneys; and conditions or limitations with respect to the issuance of additional bonds. It is lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish indemnifying bonds or to pledge those securities that may be required by the corporation. Any trust agreement may establish the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the preceding, any trust agreement or resolution may contain any other provisions that the corporation may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the corporation’s cost of operation and maintenance.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-12. Revenues.

  1. The corporation is authorized and empowered to fix, revise, and collect from time to time, subject to the provisions of this chapter, fees, rentals, and other charges for the use of projects of, or the services rendered by the corporation to pay:
    1. The cost of maintaining, repairing, and operating the project or projects or portion or portions of them; and
    2. The principal of, premium, if any, and interest on the bonds and notes as the bonds and notes become due and payable, and to create reserves for these purposes.
  2. The fees, rentals, and other charges are not subject to supervision or regulation by any commission, board, bureau, or agency of the state or of any municipality or other political subdivision of the state.
  3. The revenues derived from the project or projects or portion or portions of them, in connection with which the bonds or notes have been issued, may be pledged as provided in the resolution or the trust agreement. The pledge is valid and binding from the time when the pledge is made; the rentals, revenues, or other moneys so pledged and thereafter received by the corporation are immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of any pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the corporation, whether the parties have notice of claims. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the corporation.
  4. The use and disposition of revenues is subject to the provisions of the resolution authorizing the issuance of the bonds, or of the trust agreement.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-13. Trust funds.

All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or as revenues, are deemed to be trust funds, to be held and applied as may be provided in the resolution authorizing the issuance of the bonds or the trust agreement securing the bonds. The corporation shall, in the resolution authorizing the bonds or in the trust agreement securing the bonds, provide for the payment of the proceeds of the sale of the bonds and the revenues to be received to a trustee, which is any trust company or bank having the powers of a trust company within or without the state, which acts as trustee of the bonds, and holds and applies the funds to the purposes of this chapter, subject to regulations that this chapter and the resolution or trust agreement may provide.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-14. Remedies.

Any holder of bonds issued under the provisions of this chapter, or of any of the coupons appertaining to the bonds, and the trustee under the trust agreement or the resolution, except to the extent the rights given by this chapter may be restricted by the trust agreement or the resolution, may, by civil action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted under this chapter, or under the trust agreement or the resolution authorizing the issuance of the bonds, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the corporation or by any officer of the corporation, including the fixing, charging, and collection of fees, rentals, and other charges.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-15. Negotiable instruments.

Notwithstanding any of the preceding provisions of this chapter or any recitals in any bonds issued under the provisions of this chapter, all bonds are deemed to be negotiable instruments under the laws of this state.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-16. Refunding bonds.

The corporation is authorized to provide for the issuance of refunding bonds of the corporation for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon or interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the bonds and, if deemed advisable by the authority, for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any project. The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the corporation, to the purchase, retirement at maturity, or redemption of the outstanding bonds or notes either on their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow. Any escrowed proceeds may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit, time deposits, or repurchase agreements fully secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at the time or times appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds, and interest, income, and profits, if any, earned or realized on the investments, may be returned to the corporation for use by it in furtherance of its purposes. The portion of the proceeds of bonds or notes issued for the additional purpose of paying all or part of the cost of acquiring, constructing, reconstructing, rehabilitating, developing, or improving any project may be invested and reinvested in obligations, securities, and other investments consistent herewith, that are specified in the resolutions under which the bonds are authorized, and which shall mature not later than the times when the proceeds will be needed for these purposes. The interest, income, and profits, if any, earned or realized on the investments may be applied to the payment of all parts of the costs, or may be used by the corporation in furtherance of its purposes. The issuance of the bonds, the maturities, and other details, the rights of the holders, and the rights, duties, and obligations of the corporation in respect to all of the above shall be governed by the provisions of this chapter insofar as the provisions may be applicable.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-17. Credit of state and political subdivisions not pledged.

  1. Revenue bonds issued under the provisions of this chapter are not deemed to constitute a debt or a pledge of the faith and credit of the state or the municipality, but are payable solely from the funds provided from revenues. All revenue bonds shall contain on the face a statement to the effect that neither the state nor the municipality nor the corporation is obligated to pay the bonds or their interest except from the revenues of the project or projects on account of which the bonds are issued, and that neither the faith and credit nor the taxing power of the state or the municipality is pledged to the payment of the principal of or the interest on the bonds.
  2. All expenses incurred in carrying out the provisions of this chapter are payable solely from the funds provided under the provisions of this chapter.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-18. Use of projects.

The use of the facilities of the corporation and the operation of its business are subject to the rules and regulations from time to time adopted by the corporation; provided, that the corporation is not authorized to do anything which will impair the security of the holders of the obligations of the corporation or violate any agreements with them or for their benefit.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-19. Capital reserves.

To assure the continued operation and solvency of the corporation for the carrying out of its corporate purposes, the corporation may create and establish one or more special funds ( referred to as “capital reserve funds” in this chapter), and may pay into each capital reserve fund:

  1. Any monies appropriated and made available by the state for the purpose of the fund;
  2. Proceeds from the sale of notes or bonds to the extent provided in the resolution or resolutions of the corporation authorizing their issuance; and
  3. Any other moneys that may be made available to the corporation, for the purpose of the fund, from any other source.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-20. Bonds eligible for investment.

The notes and bonds of the corporation are securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and saving associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-21. Limitation of powers.

The state pledges to and agrees with the holders of any bonds or notes issued by the corporation, that the state will not limit or alter the rights vested in the corporation to fulfill the terms of any agreements made with the holders until those bonds or notes, together with their interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds or notes.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-22. Annual report and audit.

Within one hundred twenty (120) days from the close of its fiscal year, the corporation shall make an annual report to the chief executive officer and legislative body of the municipality of its activities for the preceding fiscal year. Each report shall present a complete operating and financial statement covering its operations during the year. The corporation shall cause an annual audit of the books, records, and accounts of the corporation to be made and the costs shall be treated as a part of the cost of operation.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-23. Transfers to governmental body.

When all bonds issued under the provisions of the chapter for each specific project and their interest have been paid, or a sufficient amount for the payment of all the bonds and their interest to the maturity of the bonds have been set aside in trust for the benefit of the bondholders, the specific project financed under the provisions of this chapter may be transferred to the municipality leasing the project on terms and conditions and for consideration that the corporation determines. If the corporation is dissolved, all funds of the corporation not required for the payment of bonds shall be paid to the treasurer of the municipality in which the corporation is established for the use of the municipality, and all property belonging to the corporation shall be vested in the municipality and delivered to it. No part of the net earnings of the authority shall be distributed to, or inure to the benefit of, any private person.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-24. Applicability of other laws.

This chapter shall be construed to provide a complete additional and alternative method for doing the things authorized hereby and shall be regarded as supplemental and in addition to the powers conferred by other laws. The issuance of all bonds, notes, and other obligations of the corporation under the provisions of this chapter need not comply with the requirements of any other provision of any charter or other law, general, special or local, or of any rule or regulation of the state or the municipality applicable to the issuance of bonds. No proceedings or notice or approval are required for the issuance of any bonds, or any instrument of security for them, except as provided in this chapter.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-25. Liberal construction.

This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effectuate its purposes.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-26. Inconsistent provisions.

Insofar as the provisions of this chapter are inconsistent with the provisions of any charter or other law or ordinance, general, special, or local, or of any rule or regulation of the state or any municipality, the provisions of this chapter are controlling.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-27. Severability.

If any one or more sections, clauses, sentences, or parts of this chapter shall, for any reason, be adjudged unconstitutional or otherwise invalid in any court, that judgment shall not affect, impair, or invalidate the remaining provisions, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid; and the inapplicability or invalidity of any section, clause, or provision of this chapter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History of Section. P.L. 1991, ch. 421, § 1.

45-54-28. Construction.

Whenever the context permits in this chapter, the use of the plural includes the singular and the plural, and the use of any gender is deemed to include all genders.

History of Section. P.L. 1991, ch. 421, § 1.

Chapter 55 Award of Municipal Contracts

45-55-1. Legislative findings.

It is declared that a need exists to establish a uniform system for the award of contracts by municipalities, utilizing open cooperative bids.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-2. Method of source selection.

Except as otherwise authorized by law, all municipal contracts shall be awarded by:

  1. Competitive sealed bidding, pursuant to § 45-55-5 ;
  2. Competitive negotiations, pursuant to § 45-55-6 ;
  3. Non-competitive negotiations, pursuant to §§ 45-55-7 and 45-55-8 ;
  4. Small purchase procedures, pursuant to § 45-55-9 ; and
  5. Qualification-based selection (QBS) process for architects/engineers pursuant to § 45-55-8.1 , and program managers, construction managers, or construction managers at risk pursuant to § 45-55-8.2 .

History of Section. P.L. 1992, ch. 394, § 1; P.L. 1998, ch. 276, § 1; P.L. 2017, ch. 219, § 1; P.L. 2017, ch. 323, § 1.

Compiler’s Notes.

P.L. 2017, ch. 219, § 1, and P.L. 2017, ch. 323, § 1 enacted identical amendments to this section.

45-55-3. Purchasing agent — Appointment — Duties.

Within each city or town or quasi public agency there shall be designated a person or persons to act as purchasing officer to exercise the powers and duties as established in this chapter.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-4. Definitions.

The words defined in this section have the following meanings whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections or provision.

  1. “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.
  2. “Change order” means a written order signed by the purchasing agent, or contractor directing or allowing the contractor to make changes which the changes clause of the contract authorizes the purchasing agent or contractor to order without the consent of the contractor or purchasing agent.
  3. “Construction” means the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the municipality in the usual course of their job.
  4. “Contract” means all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts, purchase orders, and construction management contracts. It also includes supplemental agreements with respect to any of the preceding. “Contract” does not include labor contracts with employees of the municipality.
  5. “Contract modification” means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It includes bilateral actions, as supplemental agreements, and unilateral actions, as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.
  6. “Contractor” means any person having a contract with a municipality. (8) “Data” means recorded information, regardless of form or characteristic. (8) “Designee” means a duly authorized representative of a person holding a superior position. (9) “Employee” means an individual drawing a salary from a municipality, whether elected or not, and any nonsalaried individual performing personal services for any municipality. (10) “May” means permissive. (11) “Municipality” means the individual cities and towns of the state of Rhode Island. (12) “Negotiation” means contracting by either of the methods described in §§ 45-55-6 , 45-55-7 , and 45-55-8 . (13) “Person” means any business, individual, organization, or group of individuals. (14) “Procurement” means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction item, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. (15) “Purchasing officer” means the person designated in each municipality or quasi public agency pursuant to section 45-55-3 . (16) “Regulations” means rules and regulations adopted by the individual cities or towns, concerning the implementation of the provisions of this chapter. (17) “Services” means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. “Services” does not include labor contracts with employees of governmental agencies. (18) “Shall” means imperative. (19) “Supplemental agreement” means any contract modification which is accomplished by the mutual action of the parties. (20) “Supplies” means all property, including, but not limited, to leases of real property, printing and insurance, except land or permanent interest in land.

History of Section. P.L. 1992, ch. 394, § 1; P.L. 2009, ch. 310, § 66.

45-55-5. Competitive sealed bidding.

  1. Contracts exceeding the amount provided by § 45-55-9 shall be awarded by competitive bidding unless they are professional engineering/architectural services pursuant to § 45-55-8.1 and it is determined in writing that this method is not practicable. Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether:
    1. Specifications can be prepared that permit award on the basis of either the lowest qualified bid price or the lowest qualified evaluated bid price; and
    2. The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.
  2. The invitation for bids shall state whether award shall be made on the basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be stated in the invitation for bids, if available.
  3. Adequate public notice of the invitation for bids shall be given a sufficient time prior to the date stated in the notice for the opening of bids. Notice may include publication in a newspaper of general circulation in the state as determined by the purchasing officer for the municipality not less than seven (7) days nor more than twenty-one (21) days before the date set for opening of the bids. The purchasing officer may make a written determination that the twenty-one (21) day limitation needs to be waived. The written determination shall state the reason why the twenty-one (21) day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.
  4. Bids shall be opened publicly in full view of the public at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection. Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid shall be made available and open to public inspection and retained in the bid file.
  5. The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or responsive bid price.
  6. Correction or withdrawal of bids may be allowed only to the extent permitted by regulations issued by the purchasing officer.

History of Section. P.L. 1992, ch. 394, § 1; P.L. 1998, ch. 276, § 1.

Law Reviews.

Survey Section: Public Contracts, see 3 R.W.U.L. Rev. 547 (1998).

Breegan Semonelli, 2015 Survey, Cases: Public Contracts. Kayak Centre of Rhode Island v. Town of Narragansett, 21 Roger Williams U. L. Rev. 804 (2016).

NOTES TO DECISIONS

Applicability.

Summary judgment properly dismissed the claims of an unsuccessful bidder for a municipal contract because (1) it was clear from the town’s request for proposal that certain information had to be submitted by the submittal deadline or the bid would be considered nonresponsive, and (2) the bidder did not timely submit the required information. HK&S Constr. Holding Corp. v. Dible, 111 A.3d 407, 2015 R.I. LEXIS 47 (2015).

Bidder for a concession contract from a town was not entitled to declaratory relief because R.I. Gen. Laws § 45-55-5 did not apply to competitive bidding processes involving concession contracts, which were contracts that produced revenue and not purchases, as R.I. Gen. Laws § 45-55-9 explicitly provided that the contracts to which R.I. Gen. Laws § 45-55-5 applied were procurements and purchases. Kayak Ctr. at Wickford Cove, LLC v. Town of Narragansett, 116 A.3d 250, 2015 R.I. LEXIS 83 (2015).

City was entitled to judgment on a contractor’s claim of improper award of a concessions contract because (1) R.I. Gen. Laws § 45-55-5 did not apply to concession contracts, (2) the trial justice did not abuse his discretion in finding that the contractor failed to show corruption, bad faith, or abuse of discretion, (3) a competitor’s bid was financially superior, (4) the RFP provided that the city could accept or reject any proposal, and (5) the parties did not agree to a contract extension. The appellate court accords a very high level of deference to the awarding authority’s determination in the public bid process. La Gondola, Inc. v. City of Providence, 210 A.3d 1205, 2019 R.I. LEXIS 98 (2019).

Factors Other Than Price.

This section does not preclude an awarding authority from taking into account factors beyond price when selecting the “best” or “superior” bidder. H.V. Collins Co. v. Tarro, 696 A.2d 298, 1997 R.I. LEXIS 181 (1997).

The purpose of this chapter is to safeguard public funds by recognizing that a company that ranks higher on the criteria specified in an RFP, even if not the lowest bidder, may save a municipality money over the course of the project as a result of its experience and savoir-faire . H.V. Collins Co. v. Tarro, 696 A.2d 298, 1997 R.I. LEXIS 181 (1997).

Judicial Review.

When officials in charge of awarding a public work contract have acted fairly and honestly with reasonable exercise of sound discretion, their actions shall not be interfered with by the courts. Nelson's Bus v. Town of Burrillville, 639 A.2d 63, 1994 R.I. LEXIS 102 (1994).

The school committee properly arrived at its decision to award the school improvement contract to the second highest bidder. The school committee evaluated each of the bids on the basis of objective, measurable criteria, all of which were published in the RFP, and the judiciary does not want to assume the position of litigating the award of every government contract nor does it want to put public officials in a “legalistic straitjacket”. H.V. Collins Co. v. Tarro, 696 A.2d 298, 1997 R.I. LEXIS 181 (1997).

The judiciary will interfere with an award only when it is shown that an officer or officers charged with making the decision has acted corruptly or in bad faith or so unreasonably or so arbitrarily as to be guilty of a palpable abuse of discretion. Peter Hajian Assocs. v. Board of Library Trustees/Building Comm., 685 A.2d 283, 1996 R.I. LEXIS 280 (1996).

45-55-5.1. Business exempt.

The North Kingstown Bus Contractors Association and the Scituate School Bus Owners Club are exempt from the provisions of this chapter.

History of Section. P.L. 1992, ch. 394, § 1; P.L. 1993, ch. 33, § 1.

45-55-5.2. Town of North Smithfield — Exemption.

The town of North Smithfield is exempt from the provisions of this chapter with regard to the contracting for fire and rescue services with the Primrose Volunteer Fire Department and/or North Smithfield Fire Department and/or their respective successors and assigns.

History of Section. P.L. 1993, ch. 472, § 1; P.L. 2001, ch. 31, § 1; P.L. 2001, ch. 329, § 1.

45-55-6. Competitive negotiation.

  1. When, under regulations adopted by the city or town council, the purchasing agent determines, in writing, that the use of competitive sealed bidding is not practicable, and except as provided in §§ 45-55-8 , 45-55-9 , and 45-55-10 a contract may be awarded by competitive negotiation.
  2. Adequate public notice of the request for proposals shall be given in the same manner as provided in § 45-55-5(c) .
  3. Contracts may be competitively negotiated when it is determined, in writing, by the purchasing agent that the bid prices received by competitive sealed bidding either are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which:
    1. Each competitive bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate; and
    2. The negotiated price is lower than the lowest rejected bid by any competitive bidder; and
    3. The negotiated price is the lowest negotiated price offered by a competitive offeror.
  4. The request for proposals shall indicate the relative importance of price and other evaluation factors.
  5. Award shall be made to the responsible offeror whose proposal is determined, in writing, to be the most advantageous to the municipality taking into consideration price and the evaluation factors stated in the request for proposals.
  6. Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined, in writing, to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerors. Discussions need not be conducted:
    1. With respect to prices, where prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; or
    2. Where time of delivery or performance will not permit discussions; or
    3. Where it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.

History of Section. P.L. 1992, ch. 394, § 1; P.L. 1998, ch. 276, § 1.

45-55-7. Negotiations after unsuccessful competitive sealed bidding.

  1. In the event that all bids submitted pursuant to competitive sealed bidding under § 45-55-5 result in bid prices in excess of the funds available for the purchase, and the purchasing officer determines in writing:
    1. That there are no additional funds available from any source to permit an award to the lowest responsive and responsible bidder; and
    2. The best interest of the municipality will not permit the delay attendant to a resolicitation under revised specifications, or for revised quantities, under competitive sealed bidding as provided in § 45-55-5 , then a negotiated award may be made as stated in subsections (b) or (c) of this section.
  2. Where there is more than one bidder, competitive negotiations pursuant to § 45-55-6 , shall be conducted with the three (3) (two (2) if there are only two (2)) bidders determined, in writing, to be the lowest responsive and responsible bidders to the competitive sealed bid invitation. Competitive negotiations shall be conducted under the following restrictions:
    1. If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror, all other potential offerors shall be afforded an opportunity to take part in the discussions; or
    2. A request for proposals, based upon revised specifications or quantities, shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price, or lowest evaluated bid price submitted by any responsive and responsible offeror.
  3. When after competitive sealed bidding, it is determined, in writing, that there is only one responsive and responsible bidder, a noncompetitive negotiated award may be made with that bidder in accordance with § 45-55-8 .

History of Section. P.L. 1992, ch. 394, § 1.

45-55-8. Sole source procurement and emergency procurements.

  1. A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the purchasing officer determines, in writing, that there is only one source for the required supply, service, or construction item.
  2. Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in regulations or where the procurement will be in the best interest of the city as established by properly promulgated rules and regulations; provided, that emergency procurements shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the emergency, and for the selection of the particular contractor, shall be included in the contract file.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-8.1. Qualification-based selection of architects and engineers.

  1. When the purchasing agent determines that the city or town needs the services of a professional architect or engineer, the purchasing agent shall follow the qualification-based selection process for the procurement of architectural and engineering consulting services.
  2. Federal requirements.  In the procurement of architectural, engineering, and consulting services and in the awarding of contracts, the city or town shall comply with federal law and regulations including, but not limited to, Pub. L. No. 92-582 (Federal Architect-Engineer Selection Law, Brooks Law, 40 U.S.C. § 541) and take all necessary steps to adapt its rules, specifications, policies, and procedures accordingly to remain eligible for federal aid.
  3. Prequalification.  Cities and towns may establish procedures to prequalify firms seeking to provide architectural, engineering, and consultant services or may use prequalification lists from other state agencies to meet the requirements of this section.
  4. No city or town, prior to selecting a firm for negotiation during procurement under this section, shall seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.

History of Section. P.L. 1998, ch. 276, § 2; P.L. 2017, ch. 284, § 1; P.L. 2017, ch. 362, § 1.

Compiler’s Notes.

P.L. 2017, ch. 284, § 1, and P.L. 2017, ch. 362, § 1 enacted identical amendments to this section.

Federal Act References.

Current federal law concerning selection of architects and engineers is codified at 40 U.S.C. § 1101 et seq.

45-55-8.2. Qualification-based selection of program managers, construction managers, or construction managers at risk.

When the purchasing agent determines that the city or town needs the services of a program manager, construction manager, or construction manager at risk, the purchasing agent shall follow the regulations, as defined in § 45-55-4(16), for qualification-based selection for the procurement of such services.

History of Section. P.L. 2017, ch. 219, § 2; P.L. 2017, ch. 323, § 2.

Compiler’s Notes.

P.L. 2017, ch. 219, § 2, and P.L. 2017, ch. 323, § 2 enacted identical versions of this section.

45-55-9. Small purchases.

Procurements, not to exceed an aggregate amount of ten thousand dollars ($10,000) for construction and five thousand dollars ($5,000) for all other purchases may be made in accordance with small purchase regulations promulgated by the municipality. These amounts shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. A municipality may further reduce the aggregate purchase amount, as provided for in this section by ordinance.

History of Section. P.L. 1992, ch. 394, § 1.

NOTES TO DECISIONS

Compliance.

Bidder for a concession contract from a town was not entitled to declaratory relief because R.I. Gen. Laws § 45-55-5 did not apply to competitive bidding processes involving concession contracts, which were contracts that produced revenue and not purchases, as R.I. Gen. Laws § 45-55-9 explicitly provided that the contracts to which R.I. Gen. Laws § 45-55-5 applied were procurements and purchases. Kayak Ctr. at Wickford Cove, LLC v. Town of Narragansett, 116 A.3d 250, 2015 R.I. LEXIS 83 (2015).

45-55-10. Cancellation of invitation for bids and requests for proposals.

An invitation for bids, a request for proposals, or other solicitation may be cancelled, or all bids or proposals rejected, if it is determined, in writing, that action if taken is not in the best interest of the municipality and approved by the chief purchasing officer.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-11. Responsibilities of bidders and offerors.

  1. A written determination of responsibility of a bidder or offeror shall be made in accordance with regulations issued by the municipality.
  2. A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted. The failure of a bidder or offeror to promptly supply information in connection with a reasonable inquiry may be grounds for a determination of nonresponsibility with respect to a bidder or offeror.
  3. Except as otherwise provided, by law, information furnished by a bidder or offeror pursuant to this section may not be disclosed outside of the purchasing department administering the contract without prior written consent of the bidder or offeror.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-12. Prequalification of contractors — General.

The municipality may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. Municipalities which choose to provide for prequalification of suppliers shall adopt regulations for prequalification in the same manner provided for in the adoption of ordinances in the manner provided for in the legislative or home rule charter of the municipality. Solicitation mailing lists of potential contractors of supplies, services, and construction shall include, but need not be limited to, prequalified contractors. Prequalification shall not foreclose a written determination:

  1. Between the time of the bid opening or receipt of offers and the making of an award, that a prequalified supplier is not responsible; or
  2. That a supplier who is not prequalified at the time of bid opening or receipt of offers is responsible.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-13. Exclusion of state mandated costs.

The provisions of §§ 45-13-7 through 45-13-10 do not apply to this chapter.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-13.1. Exclusion of multi-cities or towns insurance corporations and cooperative risk management programs.

The provisions of this chapter do not apply to entities organized pursuant to § 45-5-20.1 . Those entities are exempt from all of the provisions of this chapter.

History of Section. P.L. 1995, ch. 273, § 1.

45-55-13.2. Exclusion of multi-cities or towns energy aggregation programs.

The provisions of this chapter do not apply to entities organized for the purpose of negotiating the purchase of electric power pursuant to § 39-3-1.1 , or energy or energy related services. Those entities are exempt from all provisions of this chapter.

History of Section. P.L. 1998, ch. 19, § 1.

45-55-13.3. Exclusion of multi-school district combined purchasing consortia.

The provisions of this chapter do not apply to purchases and contracts entered into by those consortia established pursuant to § 16-2-9.2 , and such entities shall be exempt from all provisions of this chapter.

History of Section. P.L. 2004, ch. 349, § 2; P.L. 2004, ch. 355, § 2.

45-55-14. Staff consultants.

The procurement of the service of an attorney, physician or dentist by a municipality, is exempt from the provisions of this chapter.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-15. Severability.

If any one or more sections, clauses, sentences or parts of this chapter are for any reason adjudged unconstitutional or otherwise invalid in any court, that judgment shall not affect, impair or invalidate the remaining provisions of this chapter but shall be confined in its operation to the specific provisions so held unconstitutional or invalid and the inapplicability or invalidity of any section, clause or provisions of this chapter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History of Section. P.L. 1992, ch. 394, § 1.

45-55-16. Prohibition against the use of lead based paints.

When purchasing paint products or contracting or subcontracting for painting, construction, improvement, completion, or repair of any public buildings, public road, public bridge, or public construction, all municipalities, as defined by § 45-55-4(11), are prohibited from the use of lead based paint.

History of Section. P.L. 1993, ch. 382, § 3.

45-55-17. Penalties.

Any person who knowingly and intentionally violates any provision of this chapter shall be subject to a misdemeanor, punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one year, or both.

History of Section. P.L. 2012, ch. 453, § 1.

Chapter 56 Westerly Downtown Center Special Services District

45-56-1. Purpose of Westerly downtown center special services district.

The town of Westerly may establish by ordinance of its legislative body as provided in this chapter, within its confines, a downtown center special services district to promote the economic and general welfare of its citizens and property owners through the preservation, enhancement, protection and development of the economic health of the municipality. The term “municipality” as used in this chapter means only the town of Westerly.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-2. Powers of the downtown center special services district.

The downtown center special services district constitutes a body politic and corporate and the ordinance establishing the district confers upon the district the following powers and other powers as are provided in the chapter:

  1. To sue or be sued;
  2. To acquire, hold and convey any estate, real or personal;
  3. To contract;
  4. To borrow money, provided any obligation incurred for this purpose is discharged not more than one year after it was incurred, and the district may pledge any revenues to be received pursuant to § 45-56-6 against the obligation;
  5. To recommend to the legislative body of the municipality in which the district is located the imposition of a levy upon the taxable interests in real property within the district, the revenues from which may be used in carrying out any of the powers of the district;
  6. To construct, own, operate and maintain public improvements; and
  7. To provide, within the district, some or all of the other services which the municipality is authorized to provide, except that the ordinance may not confer upon the district the power to provide elementary or secondary public education services; and, provided, further, that the ordinance may not confer upon the district the power to provide services which are then being provided within any portion of the area included in the district by any multi-town body or authority.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-3. Powers regarding motor vehicle parking.

In addition to the powers enumerated in § 45-56-2 , the ordinance establishing the downtown center special services district may confer upon the district some or all of the following powers:

  1. To construct, acquire, or obtain a lease-hold interest in a motor vehicle parking facility, within or without the district;
  2. To operate a motor vehicle parking facility, within or without the district;
  3. To lease or sublease to other parties motor vehicle parking facilities; and
  4. To enter into, fund and perform agreements which reduce the cost of motor vehicle parking to residents of the district and to employees of, and those doing business with, businesses located within the district.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-4. Referendum on an ordinance establishing a downtown center special services district.

  1. An ordinance establishing a downtown center special services district shall not take effect unless, within sixty (60) days of the adoption of the ordinance: (1) If the district is not divided into subdistricts pursuant to § 45-56-6(b) , a referendum is held among all the holders of record of taxable interests in real property within the district on the question of whether the ordinance shall take effect, and unless a majority of the owners respond affirmatively and unless the holders of the taxable interests in real property, the assessments of which shall constitute more than one-half (1/2) of the total of assessments for all taxable interests in real property within the district, shall respond affirmatively; or, (2) if the district is divided into subdistricts pursuant to § 45-56-6(b) , a separate referendum is held among all the holders of record of taxable interests in the real property within each subdistrict on the question of whether the ordinance shall take effect, and unless a majority of those holders in each subdistrict responds affirmatively and unless the holders of taxable interests in real property within each subdistrict, the assessments of which constitutes more than one-half (1/2) of the total of assessments for all taxable interests in real property within each subdistrict, respond affirmatively; (3) if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c)(1) , a separate referendum is held among all the holders of record of taxable interests in real property in each land use category in the district on the question of whether the ordinance shall take effect, and unless a majority of those holders in each land use category responds affirmatively and unless the holders of taxable interests in real property in each land use category, the assessments of which shall constitute more than one-half (1/2) of the total of assessments for all taxable interests in real property in each land use category within the district, shall respond affirmatively; and (4) if the district is divided into subdistricts pursuant to § 45-56-6(b) and if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c)(1) , and if the ordinance also provides a different basis for the determination of the levies on the same land use category in different subdistricts pursuant to § 45-56-6(c)(2) , a separate referendum is held among all the holders of taxable interests in real property in each land use category in each subdistrict on the question of whether the ordinance shall take effect, and unless a majority of holders in each land use category in each subdistrict responds affirmatively and unless the holders of taxable interest in real property in each land use category in each subdistrict, the assessments of which constitute more than one-half (1/2) of the total of assessments for all taxable interests within each land use category within each subdistrict, respond affirmatively. For the purposes of this section, any tenant in common of any freehold interest in real property has a vote equal to the fraction of his or her ownership in that interest. Any joint tenant of any freehold interest in real property shall vote as if each tenant owned an equal, fractional share of the real property. A corporation shall have its vote cast by the chief executive officer of the corporation or his or her designee. No owner has more than one vote.
  2. The ordinance establishing the downtown center special services district shall prescribe the method and manner in which a referendum is conducted, and shall provide the qualifications for those participating in the referendum. The referendum may be conducted by mail.
  3. No holder of record of taxable interest in real property, whether the record holder is a corporation, partnership, unincorporated association, trustee, fiduciary, guardian, conservator, or other form of entity, or any combination of these, and whether the record holder is an individual who holds interests jointly, or in common with another individual or individuals, or with any one or more of the preceding, shall be precluded from participating in a referendum because of the form of entity which holds the record interest.
  4. At a referendum held under this section, all residents of the town of Westerly, residing in the town and qualified voters thereof, and who reside in the district or subdistrict as the case may be, have the right to vote and the referendum shall not take effect unless a majority of all voters respond affirmatively.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-5. Board of commissioners of district — Contract awards.

The ordinance establishing the downtown center special services district shall provide that the business of the district shall be conducted by a board of commissioners, and by any agents that the ordinance may authorize them to designate, and the ordinance shall further provide the number, qualifications and manner of election of the commissioners. All orders or contracts for expenditures by the board on behalf of the downtown center special services district which are greater than five thousand dollars ($5,000) shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, which shall be advertised in a newspaper having circulation in the downtown center special services district.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-6. Tax levy for benefit of district.

  1. An ordinance establishing a downtown center special services district shall provide the time and manner for determining the levy on real property within the district which is recommended by the board of commissioners of the district pursuant to § 45-56-2(5) .
  2. In order to provide that different areas, and different land use categories, within the downtown center special services district may share equitably in the funding of the district in proportion to the different benefits to be derived, an ordinance establishing the downtown center special services district may divide the district into subdistricts, and the ordinance may further provide a separate basis for the determination of the levy recommended pursuant to § 45-56-2(5) on taxable interests in real property within each subdistrict.
    1. An ordinance establishing the downtown center special services district may create, for taxing purposes only, different categories of land use within the district, and the ordinance may further provide a separate basis for the determination of the levy recommended pursuant to § 45-56-2(5) on each category of land use.
    2. If an ordinance establishing a district divides the district into subdistricts, and if the ordinance also creates different land use categories, the ordinance may also provide a basis for the determination of the levy recommended pursuant to § 45-56-2(5) on taxable interests in real property in a land use category in a subdistrict which is different from the basis for determining the levy recommended on taxable interests in real property in the same land use category in another subdistrict or in other subdistricts.
  3. An ordinance establishing the downtown center special services district shall provide that, when the board of commissioners of the district shall, in a timely manner, recommend to the legislative body of the municipality in which the district is located a levy upon the taxable interests in real property within the district, pursuant to § 45-56-2(5) and pursuant to the ordinance, it is the obligation of the legislative body to impose the levy as a municipal levy, and the levy shall be in addition to the regular municipal levy, and it is the obligation of the municipality to collect the levy for the benefit of the district. All moneys received by the board of commissioners of the district or by a municipality on behalf of the district shall be paid into the general fund of the municipality where an account is maintained of the moneys for the benefit of the district. Notwithstanding any provision of the general laws, public laws or any special act or any municipal charter to the contrary, the treasurer of the municipality shall disburse funds in accordance with an annual budget adopted by the board of commissioners of the district.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-7. Dissolution of downtown center special services district.

  1. At any time after the downtown center special services district has been established pursuant to the provisions of this chapter, the district may be dissolved in any one of the following ways:
    1. By the adoption of an ordinance repealing the ordinance establishing the downtown center special services district; or
    2. If the district is not divided into subdistricts pursuant to § 45-56-6(b) and if the ordinance establishing the district does not create different land use categories pursuant to § 45-56-6(c) , by the holding of a referendum by the board of commissioners of the district among all the holders of record of taxable interests in real property within the district on the question of whether the district shall be dissolved, provided a majority of those holders responds affirmatively or provided the holders of taxable interests in real property, the assessments of which constitute more than one-half (1/2) of the total of all assessments for all taxable interests in real property within the district, respond affirmatively; or
    3. If the district is divided into subdistricts pursuant to § 45-56-6(b) , and if the ordinance establishing the district does not create different land use categories pursuant to § 45-56-6(c)(1) , by the holding by the board of commissioners of the district of a separate referendum among all the holders of record of taxable interests in the real property within each subdistrict on the question of whether the district shall be dissolved, provided a majority of those holders in a subdistrict responds affirmatively or provided the holders of taxable interests in real property within a subdistrict, the assessments of which constitute more than one-half (1/2) of the total of assessments for all taxable interests in the real property within the subdistrict, respond affirmatively; or
    4. If the district is not divided into subdistricts pursuant to § 45-56-6(b) and if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c)(1) , a separate referendum is held among all the holders of record of taxable interests in the real property in each land use category in the district on the question of whether the district shall be dissolved, and unless a majority of holders in a land use category responds affirmatively and unless the holders of taxable interests in real property in a land use category, the assessment of which constitute more than one-half (1/2) of the total of assessments for all taxable interests in real property in the land use category within the district, respond affirmatively; or
    5. If the district is divided into subdistricts pursuant to § 45-56-6(b) and if the ordinance establishing the district creates different categories of land use within the district pursuant to § 45-56-6(c) (1), a separate referendum is held among all the holders of taxable interests in real property in each land use category in each subdistrict on the question of whether the district shall be dissolved, and unless a majority of holders in a land use category in a subdistrict responds affirmatively or unless the holders of taxable interests in real property in a land use category in a subdistrict, the assessments of which constitute more than one-half (1/2) of the total of assessments for all taxable interests within the land use category within the subdistrict, respond affirmatively.
    6. At any referendum held under this section, all residents of the town of Westerly, residing in the town and qualified voters, and who reside in the district or subdistrict as the case may be, have the right to vote and the referendum shall not take effect unless a majority of all voters respond affirmatively.
  2. The board of commissioners of the downtown center special services district in question shall determine the manner in which any referendum held pursuant to subsections (a)(2) — (a)(5) shall be conducted. A referendum may be conducted by mail.
  3. If the downtown center special services district is dissolved pursuant to subsection (a), the board of commissioners of the district shall proceed to wind up the affairs of the district as of the end of the then current fiscal year of the district. If, after the dissolution of a downtown center special services district, the district has liabilities, whether fixed or contingent, the legislative body of the municipality in which the district was located has the authority to impose, in addition to the regular municipal levy, a levy on the real property within the district, in the same manner as is provided for the determination of the levy by the board of commissioners of the district in the ordinance establishing the district, for as many years as the liabilities remain outstanding, and the levy shall be calculated to produce enough revenue to satisfy and release the liabilities as they become due, and the revenues shall be deposited into the general fund of the municipality and shall be utilized by the municipality, at the direction of its chief executive officer, solely for the purposes stated in this section. If, after the dissolution of the downtown center special services district, the district has assets which remain following the winding up of the affairs of the downtown center special services district, the assets shall be transferred to the municipality within which the district was located.

History of Section. P.L. 1998, ch. 135, § 1.

45-56-8. Provisions of ordinance creating downtown center special services district.

Notwithstanding any provision of any municipal charter or of any general law, public law or special act to the contrary, an ordinance establishing a downtown center special services district may provide:

  1. That the municipality in which the district is located is excused from providing within the district, or within some or all of the subdistricts, if any, within the district, some or all of the services which the district is authorized to provide pursuant to § 45-56-2(6) ; provided, that the ordinance shall also provide that it is the obligation of the district to provide the services as to which the municipality has been excused:
  2. That the municipality within which the district is located may enter into a contract with the district in which the city or town is excused from providing within the district, or within some or all of the subdistricts, if any, within the district, some or all of the services which the district is authorized to provide pursuant to § 45-56-2(6) and in which the district agrees to provide all the services as to which the municipality has been excused;
  3. That, if the ordinance contains a provision excusing the municipality from the performance of any services pursuant to subdivision (1), the municipality shall make an annual grant to the district, in a fixed amount or based upon a formula stated in the ordinance, for the purpose of compensating the district for the services from which the municipality is excused and for which the district is to become responsible;
  4. That, if the ordinance contains a provision authorizing the municipality and the district to enter into a contract pursuant to subdivision (2) excusing the municipality from the performance of certain services and obligating the district to provide the services, the municipality may also agree, in the contract, to make an annual grant to the district, in a fixed amount or based upon a formula stated in the contract, for the purpose of compensating the district for the services from which the municipality is excused and for which the district is to become responsible;
  5. That, as to any services which the municipality is excused from performing, whether by the terms of the ordinance itself or by the terms of a contract entered into pursuant to authority granted in the ordinance, the municipality and the district may enter into a contract or contracts having a fixed term of extending for the life of the district in which the district is given the right to elect to purchase, at intervals stated in the contract and for periods of time stated in contract, from the municipality, some or all of services either at prices fixed in the contract or at prices to be determined in accordance with a formula stated in the contract, or at prices determined by a combination of these methods;
  6. That all or certain of the interests in real property held by the district are not subject to the municipal property tax;
  7. That all or certain of the personal property owned by the district is not subject to the municipal property tax; and
  8. That interests in real property held by the district, and personal property owned by the district, are subject to the municipal property tax but that the tax may be abated prospectively by the legislative body of the municipality.

History of Section. P.L. 1998, ch. 135, § 1.

Chapter 57 Winnisimet Farm Road District

45-57-1. Creation — Corporate powers.

  1. There is hereby created a special preservation and management district to be known as the Winnisimet Farm Road District.
  2. The district consists of those lots of record listed on the town of Tiverton tax assessor’s plat map 1-7 Block 179, including cards numbered:

    1 1a 2 2a 3 3a 3b 4 4a 5 6 7 7a 8 8a 9 9a 10 10a 11a 11b 12 12a 13 13a 14 14a 15 15a 16 16a 17 17a 20 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 50 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 67a 68 69 70 71 72 73 74 74a

  3. The district includes privately owned lots as well as common properties owned by the Winnisimet Farm Association, including ponds, beach accesses, open land and streets and associated improvements, to wit, Hamilton Circle, Indian Point Road, Penny Pond Road, Winnisimet Drive, Arrowhead Drive and Sachem Road.
  4. Lots owned by the Winnisimet Farm Association as common property are not lots of record for purposes of voting rights or assessments.
  5. Should any lots be created for future individual ownership, either from common property owned by the Winnisimet Farm Association, or from privately owned property, such newly created lots will be lots of record under the provisions of this act, with future owners incurring all rights and obligations of this chapter.
  6. As used in this chapter, the term “Winnisimet Farm Association” means that neighborhood association previously incorporated under the laws of this state as a nonprofit corporation, which corporation owns the common properties and roads within the district.
  7. The district may have a common seal, sue and be sued, and enjoy the powers generally incident to corporations.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-2. Elections.

  1. Every owner listed on recorded deeds of any lot or lots of record within the district is an elector of the district and is eligible to vote in the election of officers of the district and in the ballots for all propositions brought before any annual or special meeting.
  2. In the event that the owner of record of any lot or lots is a corporation, partnership, trust or other non-natural person or entity, then the entity shall be deemed an elector and shall be entitled to cast one vote on any matter to come before the electors.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-3. Annual and special meetings — Voting.

  1. The district will hold an annual meeting during the month of October in every year.
  2. Special meetings of the district shall be called by the secretary upon order of the board of directors or upon written application of at least fifteen (15) electors; and whenever the subject of ordering an assessment is to be acted on at any special meeting, the assessment must be mentioned in the notice. It is the duty of the secretary to fix a suitable place for the holding of all meetings and to give notice of each meeting, both annual and special, by posting a notice in at least one public place within the town of Tiverton and mailing or hand delivering the notice to each elector in the district, at least ten (10) days before the meeting, and the notice will contain a statement of the time and place when and where the meeting will be held. One notice may be mailed or hand delivered where more than one elector resides, addressed to all electors there residing. It is the duty of the secretary of the district to maintain and correct the voting list on a regular basis, using ownership records of the town of Tiverton.
  3. No vote, except upon an adjournment, or in the annual election of officers, may be taken at any meeting of the district unless at least fifteen (15) electors are present at the meeting. On demand of at least one fifth (1/5) of the qualified electors of the district present at any meeting for a ballot on any question pending at the meeting, the ballot will be allowed; and all votes except on motion to adjourn, or on amendment to any pending proposition, will be required by the secretary to be so taken, the votes affirmative and negative may be counted by the secretary, and the result entered by the secretary on the minutes of the meeting.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-4. Governing board — Elections — Officers.

  1. The electors of the district shall at annual meetings elect a board of directors comprised of seven (7) electors of the district, and then shall elect from the duly elected directors a president, a vice president, a treasurer and a secretary.
  2. The directors shall serve for two year terms, and shall serve without compensation. No more than one elector from any lot of record may serve as a director at the same time.
  3. The board of directors constitute the governing board of the district, and the duties of the board are prescribed in this chapter, and may be further defined by the bylaws of the district consistent with this chapter.
  4. Any vacancy that may occur in the board of directors between annual meetings will be filled by some elector to be chosen by the other members of the board of directors to hold office until the next annual meeting, at which time the vacancy must be filled by a vote of the electors.
  5. The electors of the district may, at any meeting, adopt and ordain bylaws, and, from time to time, rescind or amend the bylaws, as they deem necessary and proper for the purposes of this chapter and not repugnant to this chapter and not inconsistent with any other law; provided that the electors may appoint such committees as they may deem necessary, and may fix the compensation, if any, of all agents and employees of the district.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-5. Powers of the board of directors.

The board of directors of the Winnisimet Farm Road District, in addition to any other powers conferred by this chapter, have the power:

  1. To conduct the business and affairs of the district as approved at annual meetings by a majority vote of electors in attendance;
  2. To adopt and amend budgets for revenues, and reserves, and to collect assessments;
  3. To make contracts and incur liabilities on behalf of the district;
  4. To regulate the use, maintenance, repair, replacement, and modification of common elements;
  5. To file liens on lots of record for nonpayment of assessments;
  6. To approve curb cuts for new construction within the district;
  7. Subject to the provisions of this chapter, to expend and disperse monies as needed to accomplish the purpose of this chapter and of the district;
  8. Subject to the provisions of this chapter, to acquire by purchase, lease, gift, devise real or personal property required for any district purpose;
  9. Subject to provisions of this chapter, to lease or convey any real property owned by the district or to grant an easement or license with respect to such property, on such terms and conditions as the board may determine;
  10. To maintain premises and to provide supervision, control and maintenance thereof;
  11. To accept gifts of money and personalty;
  12. To hire whatever employees, advisors and consultants which are deemed required from time to time to accomplish the district purposes;
  13. To manage and control the property of the district and to insure that property against loss or damage from any risk whatsoever;
  14. To place upon the ballot at any annual or special election any proposition which must be approved by the electors pursuant to § 45-57-6 of this chapter;
  15. To purchase and maintain insurance to indemnify officers of the district; provided, however, that any officer shall be indemnified only if the officer, at the time the claim or cause of action arose or damages were sustained, was acting in the discharge of or within the scope of his or her authorized duties and that the claim or cause of action or damages sustained did not result from the intentional wrongdoing or gross negligence of that officer.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-6. Powers of governing board with approval of electors.

The board of directors, when authorized by majority vote of the electors voting upon a proposition, have the power:

  1. To acquire real property by purchase at prices or amounts authorized by duly adopted proposition;
  2. To sell, transfer or permanently dispose of any real property, on such terms and conditions and at such prices as shall by proposition be authorized;
  3. To take any further or additional action which, under the provisions of this chapter, must first be authorized by the adoption of a proposition.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-7. Assessments.

  1. The electors of the district, at annual or special meeting of the district, have the power to order the imposition and collection of thosemonetary assessments upon lots of record with the district which they deem necessary for the payment of common expenses incurred or to be incurred in fulfillment of the purposes of the district and of this chapter.
  2. Assessments shall be determined for each lot of record equally, without regard to the lot location, size or value of the land or of any improvements thereon, and without regard to the benefit of any individual lot owner.
  3. The amount of assessments hereunder shall be determined by a majority vote of the electors voting, upon recommendation of the board of directors and consideration of the treasurer’s annual report.
  4. Notwithstanding subsections (a) through (c), any common expense incurred by the district as the result of misconduct by an individual lot owner or owners may be assessed exclusively against the offending lot owner or owners.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-8. Unpaid assessments.

A reasonable interest charge, approved by the board of directors, may be added to assessments that remain unpaid after one year from the notification of the assessment, and may accumulate annually thereafter on the unpaid balance.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-9. Audits.

An audit of the treasurer’s financial records shall be conducted annually prior to the annual meeting by a person, firm or committee appointed by the board of directors. The audit report shall be included in the annual treasurer’s report.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-10. Establishment of the road district.

The road district will be established when approved by majority vote of the electors under the following procedures: Ballots shall be distributed by certified mail to every elector as defined in § 45-57-2 . Ballots shall include copies of this act and instructions for ballot submission with at least a thirty (30) days response period. Ballot procedural language shall be certified by the board of canvassers of the town of Tiverton. Completed ballots shall be returned to the board of canvassers, which shall certify the results. The approval vote will be conducted at no cost to the town of Tiverton.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-11. Implementation of the road district.

The Winnisimet Farm Road District shall be duly instituted when the majority vote of the electors, as certified by the board of canvassers, together with a copy of this act, are recorded in land evidence records of the town of Tiverton.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-12. Exemption from liability.

Notwithstanding any other provisions of law, no person serving without compensation as a director, officer, or volunteer of the Winnisimet Farm Road District shall be liable to any person based solely on his or her conduct in the execution of the office or duty unless the conduct of the director, officer or volunteer with respect to the person asserting the liability constituted malicious, willful or wanton misconduct. As used in the section, “compensation” does not include a per diem or per meeting allowance, or reimbursement for out of pocket costs and expenses incurred in the service. Nothing in this section shall be construed to exempt a director, officer or volunteer from liability based upon his or her ownership and/or operation of a motor vehicle.

History of Section. P.L. 1999, ch. 79, § 2.

45-57-13. Severability.

This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional or other legal requirements whether or not these steps are expressly required by statute. If, after the application of the foregoing provisions of this section, any of the provisions of this chapter, or its application to any circumstances, shall be held unconstitutional by any court of competent jurisdiction, that decision shall not affect or impair the validity of the application of those provisions to other circumstances of the validity of any other provisions of this chapter.

History of Section. P.L. 1999, ch. 79, § 2.

Chapter 58 Pascoag Utility District

45-58-1. Short title.

This act shall be known and may be cited as the “Pascoag Utility District Act of 2001”.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-2. Definitions.

Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:

  1. “Fire district” means the Pascoag fire district created by the act passed at the May session 1887, entitled “An Act to Incorporate the Pascoag Fire District” as thereafter amended and supplemented from time to time.
  2. “Fire protection assets” means that real property, facilities, equipment, statutory rights and privileges, and other tangible or intangible property of any kind whatever used in, or useful to, the conduct of the fire protection and prevention operations conducted prior to, on and after April 4, 2001 by the fire district.
  3. “Qualified voter” means any person whose name appears on an active account with the Pascoag utility district and who resides in the village of Pascoag or owns property in the village of Pascoag.
  4. “Utility assets” means that real property, personal property, rights in any real and personal property, facilities, equipment, contract rights, statutory rights and privileges, franchises and other tangible or intangible property of any kind whatever used in, or useful to, the conduct of the electric and water utility operations conducted prior to April 4, 2001 by the fire district, and on and after April 4, 2001 by the utility district.
  5. “Utility bond obligations” means the obligations represented by and inherent in any revenue or general obligation bond issued by the Pascoag fire district prior to April 4, 2001 for the purpose of financing any aspect of its electric or water utility system or operations, which obligations remain outstanding in any part as of April 4, 2001.
  6. “Utility district” means the Pascoag utility district, a quasi-municipal corporation, district and political subdivision of the state established and empowered by this chapter to:
    1. Succeed to and fulfill the electric and water utility functions, powers, rights, property and obligations heretofore held and fulfilled by the Pascoag fire district created by the act passed at the May session 1887, entitled “An Act to Incorporate the Pascoag Fire District” as thereafter amended and supplemented from time to time;
    2. Exercise certain additional powers as a water supplier, an electric distribution company and as a nonregulated power producer; and
    3. To provide additional utility services not inconsistent with the duties, powers and obligations of the utility district as defined in this section.
  7. “Utility service area” means that geographic area located within the boundaries of the Pascoag fire district, as established under the act passed at the May session 1887, entitled “An Act to Incorporate the Pascoag Fire District” as thereafter amended and supplemented from time to time.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1; P.L. 2007, ch. 147, § 1; P.L. 2007, ch. 445, § 1; P.L. 2009, ch. 310, § 67.

45-58-3. Statement of purpose.

This chapter is intended to: (1) Establish the Pascoag utility district as the successor to the utility functions fulfilled prior to April 4, 2001, by the Pascoag fire district; (2) Provide for the orderly separation and transfer of those utility functions and related utility assets and utility bond obligations (without impairment thereof) from the Pascoag fire district to the utility district; (3) Provide for the retention and fulfillment of the fire protection functions and fire protection assets of the Pascoag fire district by the fire district; and (4) Authorize and enable the utility district to provide such other utility products and services as may be authorized, from time to time, by the utility district’s board of utility commissioners.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1; P.L. 2015, ch. 77, § 2; P.L. 2015, ch. 90, § 2.

Compiler’s Notes.

P.L. 2015, ch. 77, § 2, and P.L. 2015, ch. 90, § 2 enacted identical amendments to this section.

45-58-4. Pascoag utility district established.

There is hereby created a quasi-municipal corporation, district and political subdivision of the state, to be known as the Pascoag utility district, the boundaries of which shall be coterminous with the boundaries of the utility service area of the Pascoag fire district, as established under the act passed at the May session 1887, entitled “An Act to Incorporate the Pascoag Fire District” as thereafter amended and supplemented from time to time and such other areas as provided for by this chapter. The utility district shall, upon April 4, 2001, have and succeed to the utility powers and functions heretofore held and exercised by the Pascoag fire district, and shall further have and be entitled to exercise the additional powers, rights and functions set forth in this chapter.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-5. Board of utility commissioners of the Pascoag utility district established.

There is hereby created a board to be known as the board of utility commissioners of the Pascoag utility district. The powers of the utility district as set forth in this chapter, or conferred on the utility district by operation of this chapter, shall be vested in and exercised by a majority of the members of the board of utility commissioners then in office; provided, however, that the board of utility commissioners in its discretion may delegate executive functions to general managers, by resolution, rule or otherwise.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1; P.L. 2010, ch. 274, § 1; P.L. 2010, ch. 297, § 1.

Compiler’s Notes.

P.L. 2010, ch. 274, § 1, and P.L. 2010, ch. 297, § 1, enacted identical amendments to this section.

45-58-6. Membership of board of commissioners.

  1. The board of utility commissioners shall consist of not more than seven (7) nor less than five (5) members. Four (4) members of the board shall constitute a quorum and a vote of four (4) members shall be necessary for all action taken by the board unless the board consists of only five (5) members, in which case (3) members shall constitute a quorum and a vote of three (3) members shall be necessary for all action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. The initial members of the board of utility commissioners shall be the utility commissioners currently holding office under the auspices of the Pascoag fire district, who shall continue to serve until their current terms expire. Thereafter, the members of the board of utility commissioners of the Pascoag utility district shall be elected for a term of three (3) years by ballot of voters otherwise eligible to vote in the annual or special election in succeeding years in the village of Pascoag.
  2. The members of the board of utility commissioners, moderator or clerk shall be residents of the village of Pascoag. Such residents of the village of Pascoag whose name appear on an active account with the Pascoag Utility District shall be eligible to be a candidate for election to any one of the above offices; provided, however, that he or she shall first have filed a declaration of candidacy with the secretary of the board of utility commissioners not later than thirty (30) calendar days prior to the scheduled date of the election through which such person seeks to be elected. In the event of a vacancy occurring on the board of utility commissioners, moderator or clerk by reason of death, resignation or other cause, the board itself may select an eligible candidate to fill the vacancy until the next annual election.
  3. The board of utility commissioners shall elect each year from among its members: (1) a chairperson, who shall chair and moderate meetings of the board of utility commissioners and shall execute such other authorities and duties as the board may provide; (2) a vice chairperson who shall assume all duties of the chairperson in the chairperson’s absence; and (3) a secretary, who shall maintain minutes of the meetings of the board of utility commissioners, provide notice of the meetings in accordance with law, and shall have such other duties as the board of utility commissioners may determine. The board of utility commissioners shall appoint a treasurer, who may be a member of the board or a general or special employee of the utility district, and who shall have charge and control of the money and deposits of the utility district.
  4. The board of utility commissioners shall establish and adopt bylaws for the management and conduct of the utility district’s affairs, and other aspects of the governance of the utility district not otherwise controlled by this chapter. Pending the adoption of the bylaws, the board of utility commissioners shall be deemed to have adopted, and shall conduct the board’s business in accordance with, those portions of the bylaws of the Pascoag fire district relating to utility matters.
  5. In order to ensure that the status of the utility district as a quasi-municipal corporation, district and political subdivision of the state does not prejudice its ability to contribute to the development of effective competition in the electricity and communications industries in the state, it is specifically found and determined that: (1) strategic business planning records of the utility district (including without limitation business plans, draft contracts, proposals, financial analyses and other similar documents) shall not be subject to the disclosure requirements of chapter 2 of title 38 unless the same materials in comparable circumstances in the hands of an investor-owned utility would be subject to disclosure under other laws of the state; and (2) strategic business planning discussions of the board of utility commissioners, including such discussions with utility district employees or consultants, are deemed to fall within the circumstances defined in § 42-46-5(a)(7) .

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1; P.L. 2007, ch. 147, § 1; P.L. 2007, ch. 445, § 1; P.L. 2010, ch. 274, § 1; P.L. 2010, ch. 297, § 1.

Compiler’s Notes.

P.L. 2010, ch. 274, § 1, and P.L. 2010, ch. 297, § 1, enacted identical amendments to this section.

45-58-7. Compensation of the board — Employees of the utility district.

  1. Each member of the board of utility commissioners shall be entitled to receive compensation of not less than twenty-five dollars ($25.00) per year for attendance at scheduled and special meetings of the board of utility commissioners, and shall be entitled to reimbursement of the actual and necessary expenses incurred in the performance of his or her official duties. The salaries, compensation and expenses of all members and officers of the board, and all employees and agents of the utility district, shall be paid solely out of funds of the utility district. No part of the earnings of the utility district shall inure to the benefit of any private person.
  2. The board shall appoint general managers and may enter into employment contracts with its executive employees. The board shall have the authority to approve employee benefit plans, including fringe benefits such as but not limited to pension and health and disability and other insurances.
  3. No member of the board of utility commissioners shall directly or indirectly engage or participate in the proceeds of any contract or agreement to supply anything of value or receive anything of value from the utility district. The prohibition set forth in the subsection may be waived by a vote of five (5) members of the board of utility commissioners, if and only if the board of utility commissioners shall have first obtained an opinion of the attorney general and/or the Rhode Island ethics commission based on full disclosure of all relevant facts that the waiver does not contravene state law and is otherwise in the best interests of the consumers served by the utility district.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1; P.L. 2010, ch. 274, § 1; P.L. 2010, ch. 297, § 1.

Compiler’s Notes.

P.L. 2010, ch. 274, § 1, and P.L. 2010, ch. 297, § 1, enacted identical amendments to this section.

45-58-8. Powers of the utility district.

The utility district shall have the power:

  1. To acquire real or personal property and tangible or intangible personal property by voluntary purchase from the owner or owners of the property, and to the extent that the board of utility commissioners deems it advisable, to acquire property held by a corporation through acquisition of the stock of the corporation and dissolution of the corporation;
  2. To acquire real property, fixtures, and rights and interests in real property within its utility service area by eminent domain, subject to the supervision of the public utilities commission in the manner prescribed in § 39-1-31 ;
  3. To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired under this section all of which, together with the acquisition of the property, are hereby declared to be public purposes;
  4. To produce, purchase, acquire, distribute, and sell water and electricity at wholesale or retail within or without its utility service area subject to franchise rights of other utilities; to lay down, construct, own, operate, maintain, repair, and improve mains, pipes, wells, towers, and other equipment and facilities necessary, appropriate or useful for those purposes; and to contract with others for any or all of the foregoing purposes;
  5. To produce, buy, sell, and trade electric capability, power, or energy products or services at wholesale or retail; to purchase for its own use or for resale electric transmission service and ancillary services; and to engage in any other transaction with respect to electricity or electricity products that was heretofore authorized for the Pascoag fire district or investor-owned electric companies operating as domestic electric utilities within the state (including participation in generating facilities as authorized by chapter 20 of title 39); provided, that the utility district shall operate and be subject to regulation of its retail rates for electricity under title 39 of the general laws when operating within its utility service area;
  6. To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment necessary, appropriate, or useful to the operation of other utilities, including, but not limited to, communications services such as internet service, high-speed data transfer, local and long-distance telephone service, community antenna television service, and to engage in the operation of such utilities;
  7. To sue and be sued;
  8. To adopt and alter a corporate seal;
  9. To acquire, hold, use, lease, sell, transfer, assign, or otherwise dispose of any property, real, personal, or mixed, or any interest therein, for its corporate purposes, and to mortgage, pledge, or lease any such property;
  10. To make and adopt bylaws for the management and regulation of its affairs;
  11. To borrow money for any of the purposes or powers granted to it under or by operation of this chapter, including the creation and maintenance of working capital, and to issue negotiable bonds, notes, or other obligations, to fund or refund the same, and to secure the obligation of such bond, notes, or other obligations in any case by pledge of, or security interest in, the revenues and property of the utility district.
  12. To fix rates (subject to the requirements of title 39 in the case of retail electric rates within its utility service area) and collect charges for the use of the facilities or services rendered by or any commodities furnished by the utility district;
  13. To contract in its own name for any lawful purpose that would effectuate the purposes and provisions of this chapter; to execute all instruments necessary to carry out the purposes of this chapter; and to do all things necessary or convenient to carry into effect and operation the powers granted by this chapter; and
  14. Until, and only until, such time as those utility bond obligations to which the Pascoag utility district succeeds under or by operation of this chapter shall have been retired, defeased, or otherwise satisfied in their entirety, to levy property tax assessments upon property owners within its utility service area for the purpose of supporting utility bond obligations of the Pascoag fire district outstanding as of April 4, 2001, in the same manner and to the same extent as the Pascoag fire district was authorized to do so under the act passed at the May session 1887, entitled “An Act to Incorporate the Pascoag Fire District” as thereafter amended and supplemented from time to time.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1; P.L. 2012, ch. 214, § 1; P.L. 2012, ch. 224, § 1; P.L. 2015, ch. 77, § 2; P.L. 2015, ch. 90, § 2.

Compiler’s Notes.

P.L. 2012, ch. 214, § 1, and P.L. 2012, ch. 224, § 1 enacted identical amendments to this section.

P.L. 2015, ch. 77, § 2, and P.L. 2015, ch. 90, § 2 enacted identical amendments to this section.

45-58-8.1. Limitation of powers.

All services provided by the utility district that constitute public utility services within the meaning of § 39-1-2(20) or community antennae television systems (CATV) services within the meaning of § 39-19-1 shall be subject to the applicable jurisdictions of the public utilities commission and the division of public utilities and carriers.

History of Section. P.L. 2001, ch. 12, § 1.

Compiler’s Notes.

Section 39-1-2(20), referred to in this section, was redesignated as “§ 39-1-2(a)(20) ” by P.L. 2020, ch. 79, § 2.

45-58-9. Separation of utility assets and fire protection assets.

Upon April 4, 2001, ownership of the utility assets previously titled to, or otherwise owned or controlled by, the Pascoag fire district shall be transferred to the utility district, subject to any security interest of record relating to such utility assets, which security interests, if any, shall remain in full force and effect and be unimpaired by the transfer of ownership of the utility assets. All fire protection assets that are the property of Pascoag fire district on April 4, 2001 shall remain the property of the fire district. To the extent that individual assets presently titled to the Pascoag fire district cannot be classified as either utility assets or fire protection assets, the utility district and the fire district shall negotiate in good faith to transfer title to such assets to one entity or the other, with or without cost but in all cases preserving any applicable contract rights of third parties. The utility district and the fire district may agree to joint ownership or control of assets that cannot reasonably be classified as either utility assets or fire protection assets.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-10. Succession of utility district to certain obligations of Pascoag fire district.

Upon April 4, 2001, the utility district shall:

  1. Succeed to and become subject to the utility bond obligations heretofore imposed by any security interest or trust instrument upon the Pascoag fire district; and
  2. Succeed to the precise position of Pascoag fire district, without any waiver or augmentation of that position whatsoever, as to each wholesale power purchase or power sales agreement heretofore entered into by the fire district, that position to include such rights, claims or defenses as Pascoag fire district may have had prior to April 4, 2001 with respect to any obligation of any such contract.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-11. Bonds.

  1. The utility district shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of its corporate or district purposes and to secure the payment of the bonds in such manner and by such means as may be provided in the resolution or resolutions of the utility district authorizing the bonds, subject to the regulatory jurisdiction of the division of public utilities and carriers in the manner prescribed in § 39-3-15 , where applicable.
  2. The utility district is specifically authorized to secure bonds that it may issue from time to time by a pledge of, or creation of other security interest in, the revenues of the utility district, which pledge or security interest may be enforceable by the grant of a conditional franchise, in the event of default in the payment of the bonds, entitling the secured party or trustee to enter upon and take control of the utility district’s facilities and service and to provide utility service and receive the revenues from the utility district’s facilities and service for such period, not exceeding twenty (20) years, as may be necessary to recover all payments due on the bonds.
  3. The bonds of the utility district shall be authorized by resolution of the board of utility commissioners. The bonds shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such time or times, be in such denominations and in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and such time or times and be subject to redemption at such premium, if required, and on such terms, as the resolution may provide. The bonds so authorized and issued pursuant to this chapter may be sold at public or private sale for any price or prices that the utility district shall determine.
  4. Pending the issuance of bonds in definitive form, the utility district may issue bond anticipation notes or interim receipts in such form as the board of utility commissioners may elect.
  5. The utility district is hereby authorized to provide for the issuance of refunding bonds of the utility district for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium on the bonds or interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of the bonds and, if deemed advisable by the utility district, for the additional purpose of paying all or a part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any property, facilities or systems or parts of property facilities or systems of the utility district. The proceeds of bond or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the utility district, to the purchase, retirement at maturity or redemption of outstanding bonds or notes either on their earliest or a subsequent redemption date and may, pending that application, be placed in escrow in the same manner and through the same means as are generally available to and incumbent upon political subdivisions of the state.
  6. It is hereby declared that the utility district and the carrying out of its corporate, district and political subdivision purposes is in all respects for the benefit of the people of the state and for the improvement of their health, welfare and prosperity, and the utility district will be performing an essential governmental function in the exercise of the powers conferred by this chapter. The state therefore covenants with the holders of the utility district’s bonds that the utility district shall not be required to pay taxes or payments in lieu of taxes to the state or any other political subdivision of the state upon any property of the utility district or under its jurisdiction, control or supervision, or upon any of the utility district’s activities in the operation or maintenance of the property or upon any earnings, revenues, moneys or other income derived by the utility district, and that the bonds of the utility district and the income from the bonds shall at all times be exempt from taxation by the state and its political subdivisions. Notwithstanding the foregoing, nothing in this section shall be deemed to prohibit the division of public utilities and carriers, the public utilities commission and the department of attorney general from assessing the utility in accordance with the provisions of §§ 39-1-23 , 39-1-26 , 39-19-9 and 39-19-14 .
  7. The state does hereby pledge to and agree with the holders of the bonds, notes or other indebtedness of the utility district that the state will not limit or alter the rights vested in the utility district until the bonds, notes or other evidence of indebtedness, together with the interest on the debt, are fully met and discharged.
  8. Any resolution or resolutions authorizing any bond, or any issue of bonds, may contain provisions which shall be a part of the contract with the bondholders of the bonds thereby authorized, as to:
    1. Pledging all or any part of the money, earnings, income, and revenues derived from all or any part of the property of the utility district to secure the payment of any bonds or of any issue of bonds subject to such agreements with bondholders as may then exist;
    2. The rates to be fixed and the charges to be collected and the amounts to be raised in each year and the use and disposition of the earnings and other revenue;
    3. The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
    4. Limitations on the right of the utility district to restrict and regulate the use of the properties in connection with which the bonds are issued;
    5. Limitations on the purposes to which the proceeds of sale of any issue of bonds may be put;
    6. Limitations on the issuance of additional bonds, including refunding bonds and the terms upon which additional bonds may be issued and secured;
    7. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the percentage of bondholders whose consent shall be required for such amendment or abrogation, and the manner in which consent may be given;
    8. The creation of special funds into which any earnings or revenues of the utility district may be deposited, and the investment of the funds;
    9. The appointment of a fiscal agent and the determination of its powers and duties;
    10. Limitations on the power of the utility district to sell or otherwise dispose of its properties;
    11. The preparation of annual budgets by the authority and the employment of consultants and auditors;
    12. The rights and remedies of bondholders in the event of failure on the part of the utility district to perform any covenant or agreement relating to a bond indenture;
    13. Covenanting that as long as any bonds are outstanding the utility district shall use its best efforts to establish and maintain its rates and charges at levels adequate at all times to pay and provide for all operating expenses of the utility district, all payments of principal, redemption premium (if any), and interest on bonds, notes or other evidences of indebtedness incurred or assumed by the utility district, all renewals, repairs and replacements to the property and facilities of the utility district, and all other amounts which the utility district may be required by law to pay; and
    14. Any other matters of like or different character which in any way affect the security or protection of the bonds.
  9. The bonds of the utility district are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations (including savings and loan associations), building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever, who are now or may thereafter be authorized to invest in bonds or other obligation of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this state, and all municipalities and municipal subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is now or may thereafter be required.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-12. Money of the utility district.

  1. All money of the utility district, from whatever source derived, shall be paid to the treasurer of the utility district. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the accounts shall be paid out with a check of the treasurer, on requisition by the utility district, or of any other person or persons that the utility district may authorize to make the requisitions. All deposits of money shall be secured by obligations of the United States or of the state, of a market value at all times not less than the amount of deposits, and all banks and trust companies are authorized to give security for the deposits. The utility district shall have the power, notwithstanding the provisions of this section, to contract with the holders of any of its bonds as to the custody, collection, security, investment and payment of any money of the authority, or any money held in trust or otherwise for the payment of bonds or in any way to secure the bonds, and to carry out any contract notwithstanding that the contract may be inconsistent with the previous provisions of this section. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as the money of the authority, and all banks and trust companies are authorized to give security for the deposits.
  2. Notwithstanding subsection (a) of this section, or any other provision of this chapter, the board of utility commissioners shall have the power to authorize by resolution a loan or advance from one utility fund of the utility district to another. Any such interfund advance or loan shall be for a term specified in the authorizing resolution of the board of utility commissioners and shall bear interest at a rate reasonably determined by the board of utility commissioners to be consistent with the public interest implicated in all funds involved in the interfund loan or advance; provided, however, that an interest rate set at the rate applicable to the utility district’s most recent borrowing from a bank or other financial institution shall be presumptively reasonable as the rate of interest for an interfund loan or advance.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-13. Alteration, amendment, repeal or severability.

The right to alter, amend or repeal this chapter is reserved to the state, but no such alteration, amendment or repeal shall operate to impair the obligation of any contract made by the utility district under any power conferred by this chapter. If any section, clause, provision or term of this chapter shall be declared unconstitutional, void, ultra vires or otherwise ineffective in whole or in part, such determination of invalidity shall not otherwise affect the validity or enforceability of any other provision of this chapter.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-14. Pascoag fire district.

Nothing in this chapter shall be construed to effect in any way the continued existence and operation of the Pascoag fire district’s fire prevention and suppression functions, its charter and/or bylaws governing the fire district.

History of Section. P.L. 2001, ch. 12, § 1; P.L. 2001, ch. 47, § 1.

45-58-15. Tax exemption.

It is hereby declared that the Pascoag utility district, in the carrying out of its quasi-municipal purposes, is in all respects providing essential services to the people of the state of Rhode Island that improves their health, safety and welfare. Accordingly, the district shall not be required to pay taxes, assessments or sums in lieu of taxes to the state of Rhode Island or any political subdivision thereof upon any of the property now owned or acquired in the future by the district, or under its jurisdiction and/or control, possession or supervision or upon its activities or operations, or upon any earnings, revenues, moneys or other income derived by the district. The bonds issued by the district and any income therefrom shall at all times be exempt from taxation; provided, however, nothing in this section shall have any effect upon the water resources board, or the division of public utilities and carriers, and/or the public utilities commission’s authority to impose regulation-related assessments and charges on Pascoag.

History of Section. P.L. 2007, ch. 147, § 2; P.L. 2007, ch. 445, § 2.

Chapter 59 District Management Authorities

45-59-1. Short title.

This chapter will be known and may be cited as the “District Management Authorities Act.”

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-2. Legislative findings and purpose.

  1. It is found and declared that:
    1. The continued vitality of the business districts in the towns and cities of the state is essential to retaining existing businesses and attracting new enterprises.
    2. The financial condition of certain of the larger municipalities of the state do not permit the continued provision of services which in the past have been provided for business districts and paid for by property taxes.
    3. This circumstance emphasizes the importance of enabling public-private cooperation to provide security, cleaning and other services in these business districts in order to supplement, but not to substitute for, the services now being provided in by municipalities within these districts.
    4. The establishment of district management authorities with the power to make special tax assessments, as provided in this chapter, will benefit the health, safety, welfare and prosperity of the people of this state.
  2. It is the purpose of this chapter to authorize towns and cities to create district management authorities for the purpose of providing the services and undertaking the activities described in this chapter to supplement the services provided by municipal governments.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-3. Definitions and construction.

  1. As used in this chapter, unless the context otherwise requires, the term:
    1. “Chief elected officer” means the official, elected by the voters of a municipality or appointed by the members of the elected legislative body of the municipality, who exercises day-to-day executive authority over the municipality’s affairs.
    2. “District management authority” means a district management authority established pursuant to the provisions of this chapter.
    3. “Fiscal year” means the fiscal year of the municipality within which the management district is located; “first fiscal year” means the first full fiscal year after the fiscal year during which the management district is created; subsequent fiscal years are referred to in like manner.
    4. “Management district” means a management district established pursuant to the provisions of this chapter and, as the context may require, includes any subdistrict within the management district.
    5. “Municipality” means a city or town of the state of Rhode Island having a population according to the most recent federal census of not less than one hundred thousand (100,000); however, notwithstanding the population requirement, the cities of Newport and Pawtucket shall be considered municipalities for purposes of this chapter. Where the context requires, “municipality” also means a city or town within which a management district is created pursuant to the provisions of this chapter.
    6. “Real property” means land and buildings or structures located on the land but does not include lines, mains, poles, easements and rights-of-way owned by public utilities.
    7. “State” means the state of Rhode Island.
  2. References in this chapter to owners or tenants of real property located within a management district or residents of a management district, or managers of real property located within the management district will be construed to include shareholders, members, partners, directors, officers, employees or agents thereof.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1; P.L. 2009, ch. 265, § 1; P.L. 2009, ch. 365, § 1; P.L. 2011, ch. 31, § 1; P.L. 2011, ch. 37, § 1.

Compiler’s Notes.

P.L. 2009, ch. 265, § 1, and P.L. 2009, ch. 365, § 1, enacted identical amendments to this section.

P.L. 2011, ch. 31, § 1, and P.L. 2011, ch. 37, § 1, enacted identical amendments to this section.

45-59-4. Creation of district or subdistrict.

A management district may be created by an ordinance or resolution enacted by the city or town council of any municipality (as defined in § 45-59-3(5)) upon the written petition of persons owning real property located within the proposed district as provided in this chapter. A management district may contain one or more subdistricts. A subdistrict may be created within an existing district by compliance with the provisions of §§ 45-59-5 and 45-59-6 , but excluding § 45-59-5 (a)(8), solely with respect to the proposed subdistrict. Any subdistrict will be managed by the district management authority having management authority over the district in which the subdistrict is located.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-5. Contents of petition — Signers.

  1. The written petition will be signed by persons who own real property located within the proposed district, and if the petition provides for one or more subdistricts, within the subdistricts, constituting, in the aggregate, sixty percent (60%) of the aggregate assessed valuation of all real property, not exempt from taxation by law. The written petition will set forth:
    1. A statement requesting the creation of a management district and a district management authority.
    2. The name of the district management authority.
    3. A description of the proposed management district and any subdistrict sufficient to reasonably identify the boundaries of the proposed district and a map delineating the boundaries of the management district and any subdistrict. The boundaries of a district or subdistrict may be described by reference to streets or highways.
    4. The purposes for which the district management authority is to be created which may be all of the purposes set forth in this chapter or only those specifically set forth in the petition. The purposes of the district management authority in any subdistrict may be different from those in a management district.
    5. Any limitations on the powers of the district management authority which may include limitations on the amount of the special tax assessment which the district management authority is permitted to make.
    6. A statement that more than fifty percent (50%) of area of the land located within the proposed district is devoted to commercial and retail uses.
    7. The factors upon which the special tax assessment provided in this chapter will be based which factors may be any one or a combination of: (i) assessed valuation as of the date provided in § 44-5-1 , (ii) square footage of land or improvements, (iii) linear footage along street fronts, (iv) formulas reflecting that different areas or zones within the management district will have greater or lesser benefit from the activities to be undertaken by the district management authority, (v) formulas establishing different assessment levels for different classes of real property, or (vi) any other method which reasonably apportions the expenses of the activities of the district management authority among the owners of real property within the management district which is benefited by the activities of the district management authority. Different factors may be used for the purposes of a special tax assessment in a subdistrict.
    8. The name of a non-profit corporation designated by the petitioners as being representative of the business community within the municipality which will have the appointive powers provided in this chapter with respect to the governing board. The non-profit organization will be one which has qualified under § 501(c) of the Internal Revenue Code of 1986 [26 U.S.C. § 501(c)], as amended, and has received a determination letter from the Internal Revenue Service confirming its status (which determination letter continues to be in full force and effect.)
  2. In addition, the petition may designate one or more persons who are authorized on behalf of the petitioners to modify or amend the petition prior to the passage of the ordinance or resolution.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

Federal Act References.

The bracketed reference to the United States Code in subdivision (a)(8) was inserted by the compiler.

45-59-6. Public hearing on petition.

  1. The city or town council to which the petition is submitted will forthwith and in any event no later than ninety (90) days after the receipt of the petition hold a public hearing for the purpose of receiving comments from all interested persons on the approval of the petition and the creation of a management district and a district management authority pursuant to the petition. Notice of the public hearing will be given by publication in a newspaper of general circulation within the municipality at least once a week for three (3) successive weeks prior to the date of the hearing. The notice will state the date, time and place of the hearing and contain a description of the boundaries of the proposed district, sufficient to reasonably identify the boundaries of the proposed district, a statement to the effect that it is proposed to create a management district and a district management authority which will have the power to provide services within the management district and apportion the cost of services among the owners of real properly located in the district by means of a special tax assessment, and the office where a copy of the petition may be examined. No notice, other than the notice by publication referred to in this section to the owners of property within the proposed district is required. The boundaries of a district may be described by reference to streets or highways.
  2. At any time prior to the passage of the ordinance or resolution, the petition may be modified or amended by the petitioners or by persons authorized to act on their behalf without further advertising, provided, however, that in the event such modification or amendment to the petition would either: (1) enlarge or add additional real property to the proposed district or (2) enlarge the purpose of the proposed district management authority or (3) lessen any limitation on the powers of the district management authority, a new public hearing will be held in accordance with the provisions of subsection (a) of this section.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-7. Creation of authority.

  1. After the hearing, the city or town council may approve the petition by ordinance or resolution which will contain a finding to the effect that:
    1. The petition has been submitted by persons who own real property located within the proposed district, and in any proposed subdistrict, constituting in the aggregate sixty percent (60%) of the aggregate assessed valuation of all real property not exempt from taxation by law; and
    2. A majority of the area of the land located within the proposed district is devoted to commercial and retail uses.
  2. For purposes of the finding required by subdivision (a)(1) of this section, the city or town council may conclusively rely on the records of the city or town assessors to determine the ownership of real property located within the proposed district (barring actual notice to the contrary).
  3. Upon the approval of the petition by the city or town council, a management district and a district management authority will thereby be created. The city or town council may approve or disapprove the petition; it will have no authority to create a management district or district management authority which differs from that sought by the petition.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-8. The authority.

The district management authority thus created will be a body corporate and politic and an instrumentality and agency of the municipality within which the management district is located but having a distinct legal existence from the municipality. It is hereby declared that in exercising the powers granted to it by this chapter, the district management authority will exercise public and essential governmental functions of the municipality. No part of the net earnings of the district management authority will be distributable to, or inure to the benefit of, any private person.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-9. Purposes of authority.

  1. Except as its purposes may be limited by the petition, the management district commission authority will have the following purposes within the management district:
    1. To provide for the cleaning of the public streets and sidewalks and the removal of snow;
    2. To provide for security; however, nothing contained in this section shall bestow or authorize any police powers on any security force established by this provision;
    3. To install, repair and maintain public streets and sidewalks and lighting for public streets and sidewalks;
    4. To install, repair and maintain street signs;
    5. To provide for landscaping and the repair and maintenance of public spaces;
    6. To provide for refuse collection and removal;
    7. To provide for motor vehicle parking;
    8. To sponsor and promote recreational, cultural and retail activities;
    9. To promote the development of the management district including collecting and disseminating information;
    10. To construct public facilities; and
    11. To provide such other services and facilities within the management district as may be beneficial to the management district and the property owners, tenants and other occupants in the district.
  2. Nothing in this chapter shall be construed to authorize or bestow any police powers upon the security force established in this section.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-10. Powers of authority.

Except as its powers may be limited by the petition, the district management authority will have the power:

  1. To have perpetual succession unless a limited period of duration is stated in the petition;
  2. To sue and be sued, complain and defend, in its corporate name;
  3. To have a corporate seal which may be altered at pleasure, and to use the seal by causing it, or a facsimile of the seal, to be impressed or affixed or in any other manner reproduced;
  4. To purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property or any interest in property, wherever situated, and without restriction as to amount;
  5. To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets;
  6. To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of domestic or foreign corporations, whether for profit or not for profit, limited liability companies, associations, partnerships or individuals, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof;
  7. To make contracts and guarantees and incur liabilities, borrow money, for periods of three (3) years or less, at such rates of interest as the district management authority may determine, issue its notes and other obligations, guarantee debts and secure any of its obligations by mortgage or pledge of all or any of its property, assets and income;
  8. To lend money for its purposes, invest and reinvest its funds, and to take and hold real and personal property as security for the payments of funds so loaned or invested;
  9. To elect or appoint officers and agents of the district management authority and to define their duties and fix their compensation;
  10. To make and alter bylaws, not inconsistent with the petition or with the laws of this state, for the administration and regulation of the affairs of the district management authority;
  11. To accept grants or funds from the state and from nonprofit corporations;
  12. To have and exercise all other powers necessary or convenient to effect any or all of the purposes for which the district management authority is created.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-11. Bylaws.

The board of directors of the district management authority may adopt bylaws containing provisions for the regulation and management of the activities of the district management authority.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-12. Governing board.

  1. The activities of the district management authority will be managed by a board of directors which will consist of nine (9) members.
  2. All of the directors will be owners or tenants of real property (not exempt from taxation by law) located within the management district or residents of the management district, or managers of real property (not exempt from taxation by law) located within the management district except for: (1) the chief elected officer of the municipality or his or her designee, (2) owners of real property located within the management district which is exempt from taxation by law who are voluntarily contributing to the costs of operating the management district.
  3. Two (2) of the directors will be appointed by the chief elected officer of the municipality within which the district management authority is located, one of whom may be the chief elected officer of the municipality or his or her designee and the other will be an owner of real property (not exempt from taxation by law) located within the management district. Seven (7) of the directors will be appointed by the organization which was designated in the petition submitted pursuant to § 45-59-5 ; four (4) of the seven (7) directors so appointed will be owners of real property (not exempt from taxation by law) located within the management district or owners of real property located within the management district which is exempt from taxation by law who are voluntarily contributing to the costs of operating the management district.
  4. Terms for the directors will be as follows:
    1. The chief elected officer will assign to the persons initially appointed by him or her terms of one and two (2) years so that the terms of the directors so appointed will expire on the last days of the first and second fiscal years respectively.
    2. The business organization designated in the petition filed pursuant to § 45-59-5 will assign to the seven (7) persons initially appointed by it, terms of one year (as to two (2) of them), two (2) years (as to two (2) of them), and three (3) years (as to three (3) of them) so that the terms of the directors so appointed will expire on the last days of the first, second and third fiscal years respectively.
    3. Beginning on the last day of the first fiscal year and on the last day of each succeeding fiscal year, the appointing authorities will appoint directors, to succeed the directors whose terms are then expiring, which successor directors will serve for terms of three (3) years and thereafter until their successors are appointed and will have qualified.
  5. Directors will receive no compensation for the performance of their duties but may be reimbursed for their reasonable expenses in carrying out such duties.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-13. Officers.

  1. The officers of a district management authority will consist of a chairperson, a treasurer and a secretary, each of whom will be elected by the board of directors. Such other officers and assistant officers and agents as may be deemed necessary may be elected or appointed by the board of directors at any time and in any manner that may be prescribed by the bylaws. Any two (2) or more offices may be held by the same person.
  2. All officers and agents of the district management authority will have such authority and perform such duties in the management of the district management authority as may be provided in the bylaws, or as may be determined by resolution or vote of the board of directors, subject to any limitations on such authority contained in the bylaws.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-14. Annual budget.

  1. Not later than sixty (60) days prior to the beginning of each fiscal year, the district management authority will annually prepare an operating budget containing:
    1. An estimate of surplus from its current fiscal year available for expenditure in the ensuing fiscal year;
    2. An estimate of receipts for the ensuing fiscal year from the special tax assessment provided for in this chapter;
    3. An estimate of receipts for the ensuing fiscal year from all other sources; and
    4. An estimate of expenditures for the ensuing fiscal year for the carrying on of the district management authority’s activities including debt service, if any.
  2. Prior to the adoption of the budget, the district management authority will hold a public hearing thereon at which all interested persons may be heard. Notice of the public hearing will be given by publication in a newspaper of general circulation within the municipality at least once a week for three (3) successive weeks prior to the date of the hearing.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-15. Special tax assessments.

Each district management authority will have the power to apportion the annual operating expenses of the district management authority among the owners of ratable real property, not otherwise exempt by law, located within the management district by a special tax assessment. The special tax assessment will be based on the factors set forth in the petition approved by the city or town council. The rate of the special tax assessment with respect to any subdistrict may vary in the amount from the rate of the special tax assessment generally applicable to the owners of ratable real property within the management district. The special tax assessments made by a district management authority will not be considered to be a tax of the municipality for purposes of § 44-5-2 .

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-16. Limit on assessments.

The total of the special tax assessments levied on the ratable real property within the management district will not exceed ten percent (10%) of the total of the real property taxes levied on the ratable real property within the management district, not exempt from taxation by law, for the fiscal year of the municipality that ends within or with the fiscal year of the district management authority.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-17. Collection of assessments.

The assessments made by any district management authority will be collected by the tax collector of the municipality within which the management district is located for the account of the district management authority. The assessments so collected will not be commingled with funds of the municipality and forthwith upon their collection will be remitted to the district management authority. Assessments will be a lien on the real property of the persons against whom the assessments are made in the same manner as taxes assessed by a municipality under § 44-9-1 . Tax collectors of municipalities within which management districts are created will have the same powers with respect to assessments and their collection as are granted to them by chapter 9 of title 44 of the general laws with respect to municipal property taxes except that these powers will be exercised for and on behalf of the district management authority.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-18. Petition for relief from assessment.

  1. Any person aggrieved on any ground whatsoever by any assessment against him or her by a district management authority in any municipality may within three (3) months after the last day appointed for the payment without penalty of the assessment, or the first installment of the payment, if the assessment is payable in installments, file a notice of appeal with the district management authority, and within thirty (30) days thereafter, file a petition in the superior court for the county within which the municipality is located for relief from the assessment, to which petition the district management authority will be made a party respondent, and the clerk of the superior court will thereupon issue a citation substantially in the following form:

    Click to view

  2. The petition will be subject to the provisions of §§ 44-5-26 44-5-31 insofar as those sections may be applicable.

THE STATE OF RHODE ISLAND To the sheriff of the several counties, or to the deputies, Greetings: We command you to summon the treasurer of (the district management authority): to wit, of (if to be found in your precinct) to answer the complaint of of on the return day hereof (said return day being the day of , A.D. 20) in the superior court to be holden at the county's courthouse in as by petition filed in court is fully set forth; and to show cause why said petition should not be granted. Hereof fail not, and make true return of this writ with your doings thereon. Witness, the seal of our superior court, at this day of in the year, A.D. 20. , Clerk

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

Compiler’s Notes.

In 2021, “STATE OF RHODE ISLAND” was substituted for “STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS” in the form in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

45-59-19. Agreements with the state.

The state and a district management authority may enter into agreements pursuant to which the state agrees with the district management authority that the district management authority will thereafter undertake services previously provided by the state in consideration of the state’s paying to the district management authority of such sums as the parties may agree to.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-20. Agreements with municipalities.

The services provided by a district management authority will be supplemental to the services otherwise provided by the municipality within the management district.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-21. Amendment.

At any time after the approval of a petition and the creation of a district management authority, the boundaries of the management district and the purposes and powers of the district management authority may be amended by the filing of a petition for amendment. The petition will set forth the amendments sought; it will be signed either: (1) by not less than two-thirds (2/3) of the members of the district management authority board of directors or, (2) in the event that additional property is to be included within the district, by persons who own real property located within the additional property which is to be included within the revised boundary of the district and who constitute in the aggregate, sixty percent (60%) of the aggregate assessed valuation of all real property, not exempt from taxation by law, of such additional real property. The petition will be heard and acted upon by the city or town council in the same manner as petitions are required to be heard and acted upon pursuant to §§ 45-59-6 and 45-59-7 . Upon the approval of the petition for amendment by the city or town council, the boundaries of the management district and the purposes and powers of the district management authority will be as set forth in the petition for amendment.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-22. Dissolution.

  1. Any district management authority may be dissolved and the designation of a management district terminated by ordinance or resolution of the city or town council of the municipality within which it is located adopted after public hearing as provided in § 45-59-6 .
  2. Any district management authority must be dissolved and the designation of a business district terminated by ordinance or resolution of the city or town council of the municipality within which it is located upon the receipt of a written petition for dissolution signed by persons who own real property located within the district constituting, in the aggregate, not less than sixty percent (60%) of the aggregate valuation of all real property, not exempt from taxation by law, located within the district.
  3. Any district management authority will be automatically dissolved and the designation of a management district will be automatically terminated at the end of the third full fiscal year after its creation and designation and after it has actually commenced providing services unless the continuance of the existence of the district management authority and the designation of the district is approved in writings which are filed with the clerk of the municipality within which the management district is located and are signed by persons who own real property located within the district and within any subdistrict constituting, in the aggregate, not less than sixty percent (60%) of the aggregated assessed valuation of all real property, not exempt from taxation by law.
  4. Any such dissolution and termination occurring under the provisions of subsections (a) and (b) of this section will be effective as of the end of the fiscal year within which the ordinance or resolution of the city or town council is enacted except that the district management authority’s existence will continue for the limited purpose provided for in subsection (e) of this section. Any such dissolution occurring under the provisions of subsection (c) of this section will be effective at the time provided in subsection (c) except that the district management authority’s existence will continue for the limited purpose provided for in subsection (e) of this section.
  5. Upon its dissolution, the district management authority will discontinue its operations and proceed to wind up its affairs. Notwithstanding its dissolution, the district management authority will continue in existence for the limited purpose of paying any indebtedness which it has incurred prior to its dissolution and it may continue to make special tax assessments for that purpose. After all of the indebtedness of the district management authority has been paid or its payment provided for, the remaining property and assets of the district management authority will be paid over to the municipality unless another disposition of the property and assets, benefiting the management district, has been directed by the district management authority’s board of directors.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-23. Exemption from taxation.

  1. Any notes or other obligations issued by any district management authority, their transfer and the income from the notes or obligations (including any profits made on the sale of the notes or obligations), will at all times be free from taxation by the state or any political subdivision or other instrumentality of the state.
  2. The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state and of the municipalities within which the district management authorities will undertake their activities, the increase of their commerce, welfare and prosperity and for the improvement of their health and living conditions and will constitute the performance of essential governmental functions and the district management authorities will not be required to pay any real or personal property taxes or assessments upon or in respect of any property owned by them levied by any municipality or other political subdivision of the state.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-24. Credit of municipality not pledged.

Notes and other obligations of a district management authority will not be deemed to constitute the debt or a pledge of the faith and credit of the municipality.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-25. Exemption from liability.

No member of the board of directors of a district management authority and no officer of an authority will be held civilly liable for any breach of his or her duties as such member or officer except for liability: (1) for acts or omissions not in good faith or which involve intentional misconduct or knowing violation of law, or (2) for any transaction from which such member or officer derived an improper personal benefit, or (3) for any malicious, willful or wanton act.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-26. Applicability of other laws.

  1. District management authorities will be subject to the provisions of chapter 14.1 of title 37 (Minority Business Enterprise), chapter 2 of title 38 (Access to Public Records) and chapter 46 of title 42 (Open Meetings) of the general laws. District management authorities will also be subject to the provisions of chapter 14 of title 36 (Code of Ethics) of the general laws except as follows: (1) the directors and officers of the directors will not be required to file the financial statement required by § 36-14-16 , and (2) a director or officer of a district management authority will not have an interest which is in substantial conflict with the proper discharge of his or her duties and of his or her responsibilities under this chapter if any benefit or detriment accrues to him or her or any person within his or her family or any business associate, or any business by which the person is employed or in which the person has an interest or which the person represents, by virtue of the ownership or occupation of real property located within the management district.
  2. District management authorities will not be subject to laws or ordinances relating to the purchasing of property or services or the making of contracts and, except as provided in subsection (a) above, will not be subject to laws or ordinances relating generally to municipalities or to municipal agencies or departments.
  3. Employees of district management authorities will not be considered to be public or municipal employees.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

45-59-27. Notice of creation of district; actions to contest.

Notice of the creation of a management district and a district management authority will be given by publication in a newspaper of general circulation within the municipality at some time subsequent to the approval of the petition by the city or town council as provided in § 45-59-7 . Actions to contest the validity of the proceedings for the creation of the management district and the district management authority must be commenced within sixty (60) days after the date of the notice and no action thereafter commenced will raise any question concerning the validity of the proceedings and the creation of the management district and the district management authority. After the expiration of the sixty (60) day period, the validity of the proceedings and the creation of the management district and the district management authority will be conclusively presumed.

History of Section. P.L. 2001, ch. 205, § 1; P.L. 2001, ch. 373, § 1.

Chapter 60 Block Island Housing Board

45-60-1. Creation of board.

  1. There is created and established a body politic and corporate to be known as the “Block Island housing board” to carry out the provisions of this chapter. The board is constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the board of the powers conferred by this chapter are deemed and held to be the performance of an essential governmental function of the town of New Shoreham.
  2. The board shall consist of seven (7) members all of whom shall be year-round residents of Block Island.
  3. Three (3) members of the board will be elected at large on a nonpartisan ballot by the voters of the town of New Shoreham to four (4) year terms. Candidates receiving the three (3) highest vote totals will be elected. In the first election, three (3) members will be elected; the two (2) receiving higher vote counts for four (4) years; one receiving the third highest count to a two (2) year term. In subsequent elections, there will be two (2) openings, followed two (2) years later with one opening, each for four (4) year terms, provided, however, that the town council of the town of New Shoreham shall appoint these three (3) members until the first regular town election following the enactment of this chapter.
  4. The New Shoreham town council shall appoint four (4) other members for two (2) year terms. Two (2) members shall represent a conservation group and a housing advocacy group respectively, the third shall be knowledgeable in real estate in the town. The remaining member shall be from the community at large.
  5. Should a board member resign for health or other reasons, the town council will appoint a person to fill the unexpired term of the vacating board member.
  6. Annually, the board shall elect from among its members a chairperson and vice-chairperson. The board will appoint a treasurer who will maintain books of record in conjunction with the town treasurer. The board may elect any other officers it determines necessary. Meetings shall be held monthly, at a time to be determined by the board, at the call of the chairperson, or at the request of four (4) members. Four (4) members shall constitute a quorum and action taken by the board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting.
  7. The board may appoint and employ an executive director on a full, part-time or contract basis, whose duties may include, but not be limited to:
    1. Supervise and administer allocations made through the trust fund in accordance with this chapter and with the rules and regulations of the board;
    2. Act as the chief administrative officer having general charge of the office and records;
    3. Act as executive secretary of the board; and
    4. Perform other duties as determined by the board which are in accordance with this chapter and with the rules and regulations of the board.
  8. The board shall hire legal counsel whose selection is subject to the approval for the town of New Shoreham for legal services.

History of Section. P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1.

45-60-2. Block Island housing trust fund.

  1. There is created a special designated account to be known as the “Block Island housing fund.” The fund shall be administered by the board and expenditures from the fund are made only to implement and effectuate the policies and purposes of this chapter. Funds shall consist of monies or in-kind donations from whatever source. These may include, but are not limited to, monies from the general treasury of the town, seasonal house rental taxes of no more than one percent (1%) of prevailing market rate, contributions from private or public sources, loans from private or financial institutions, grants, gifts or bequests.
  2. No funds shall be transferred from the housing trust account for investment or any other purpose without prior approval by the housing trust board.
  3. Unexpended balances and any earnings shall not revert to the town general fund but shall remain in the housing fund for use in accord with the purposes of this chapter.

History of Section. P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1.

45-60-3. General powers and duties of the board.

  1. The board shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limitation, those general powers provided to a nonprofit corporation and including, without limiting the generality of the foregoing, the power to:
    1. Upon application from an eligible applicant in a form prescribed by the board, provide funding in the form of grants, loans, loan guarantees, lines of credit, rental assistance or any other means determined to further the goals of the trust for eligible activities;
    2. Enter into cooperative agreements with private organizations or individuals or with any agency or instrumentality of the United States or of this state or town to carry out the purposes of this chapter;
    3. Purchase, sell, build, develop or restore real estate, the objective of which is to create affordable year-round and seasonal housing in perpetuity;
    4. Sell property to eligible applicants, such property may be deed-restricted such that affordability will remain in perpetuity;
    5. Rent or lease real estate the board may own or lease from others;
    6. Solicit bequests and accept donations;
    7. The selling to or renting/leasing to applicants will be done in accordance with the provisions of the Rhode Island Fair Housing Practices Act, chapter 37 of title 34;
    8. Collect taxes on behalf of the town of New Shoreham from those owners engaged in the business of renting, leasing, letting, or granting a license to use any seasonal rental in accordance with §§ 45-60-6 and 45-60-7 , and the taxes so imposed shall be in addition to all other taxes imposed by law.
  2. The board shall adopt reasonable rules and regulations governing the conduct of trust affairs, including the acquisition and management of its holdings, not inconsistent with the provisions of this chapter. All rules and regulations of the trust are subject to the approval of the town council.
  3. All meetings of the housing board shall be open to the public except that this provision shall not be deemed to prevent holding of executive sessions, provided all votes are taken in public or closed meeting with recorded vote taken in accordance with chapter 46 of title 42, the Rhode Island open meetings law.

History of Section. P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1; P.L. 2005, ch. 355, § 1; P.L. 2005, ch. 435, § 1.

45-60-4. Allocation system.

  1. In determining the allocation of funds available for the purposes of this chapter, the board shall evaluate each proposal on the basis of the following criteria which may include, but not be limited to:
    1. The need for a timely response to unpredictable circumstances or special opportunities to serve the purposes of this chapter;
    2. The level of funding or other participation by private or public sources in the activity being considered for funding by the board;
    3. What resources will be required in the future to sustain the project;
    4. The long-term effect of proposed activity and the likelihood that the activity will result in the preservation of affordability in perpetuity;
    5. The board’s allocation system shall include a method, defined by rule, that evaluates the need for, impact of, and quality of, activities proposed by applicants.
  2. Affordable housing projects must result in units which remain affordable for the maximum time allowed by law; the housing board shall retain first right of refusal in the event of sale or transfer of such properties for which funds from this trust fund have been used.

History of Section. P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1.

45-60-5. Annual report.

At the end of each fiscal year which is defined to begin on July 1 and continue through June 30 of each year, the board shall submit a report concerning its activities to the town council. More frequent reports may be given as requested. The report shall include, but not be limited to, the following:

  1. A list and description of activities funded by the board during the preceding year;
  2. A list of taxes and/or contributions received by the board, whatever their form or nature, and the source of the taxes and/or contributions, unless anonymity is a condition of a particular contribution. The record of individual payments shall be kept confidential, as are sales and income tax records;
  3. A full report of the board’s activities;
  4. Fund statements will be audited annually by a certified public accounting firm engaged by the housing board.

History of Section. P.L. 2002, ch. 45, § 1; P.L. 2002, ch. 51, § 1; P.L. 2005, ch. 355, § 1; P.L. 2005, ch. 435, § 1.

45-60-6. Imposition of seasonal rental tax, rate, procedure, enforcement, exemptions. [Contingent effective date; see notes.]

  1. It is hereby declared to be the legislative intent that every owner is exercising a taxable privilege who engages in the business of renting, leasing, letting, or granting a license to use any living quarters or sleeping or housekeeping accommodations in, from, or a part of, or in connection with any seasonal rental. However, any owner who rents, leases, lets, or grants a license to others to use, occupy, or enter upon any living quarters or sleeping or housekeeping accommodations in seasonal rentals and who exclusively enters into a bona fide written agreement for continuous residence for longer than six (6) months in duration at such property is not exercising a taxable privilege. For the exercise of such taxable privilege, a tax is hereby levied in an amount equal to no more than one percent (1%) of the actual rent received for such seasonal rental by owner. Such tax shall apply to seasonal rental whether or not there is in connection with any of the same any dining rooms, cafes, or other places where meals or lunches are sold or served to guests. For purposes of this chapter “seasonal rental” shall mean any home or apartment rented for six (6) months or less.
  2. The owner receiving the rent shall remit the tax to the town treasurer for deposit into the Block Island housing fund at the end of the rental season but no later than February 15th of the following year or at some other time as designated by the Block Island housing board.
  3. The tax levied by this section shall not apply to, be imposed upon, or collected from any person who shall have entered into a bona fide written lease for longer than six (6) months in duration for continuous residence at any one seasonal rental.
  4. The tax imposed by this section shall constitute a lien on the property on which the seasonal rental is located in the same manner as and shall be collectible as are liens authorized and imposed by chapter 9 of title 44.

History of Section. P.L. 2005, ch. 355, § 2; P.L. 2005, ch. 435, § 2.

Compiler’s Notes.

P.L. 2005, ch. 355, § 3, provides: “There shall be submitted to the qualified electors of the town of New Shoreham at a special election to be held on November 8, 2005, for their approval the following question:

“Shall the act passed by the general assembly at its January, 2005 session, entitled ‘An Act Relating to the Block Island Housing Board’ be approved and the board of canvassers shall certify the results of said election to the secretary of state.”

P.L. 2005, ch. 435, § 3, provides: “There shall be submitted to the qualified electors of the town of New Shoreham at a special election to be held on November 8, 2005, for their approval the following question:

“Shall the act passed by the general assembly at its January, 2005 session, entitled ‘An Act Relating to the Block Island Housing Board’ be approved and the board of canvassers shall certify the results of said election to the secretary of state.”

Effective Dates.

P.L. 2005, ch. 355, § 4, and P.L. 2005, ch. 435, § 4, provide that this section takes effect when the board of canvassers shall certify to the secretary of state that a majority of the qualified electors voting upon the question contained in Section 3 of those acts shall have voted to approve the question. The question in Section 3 of those acts was approved by the voters of the town of New Shoreham at a Special Local Referendum Election held on November 8, 2005.

Contingent Effective Dates.

P.L. 2005, ch. 355, § 4, and P.L. 2005, ch. 435, § 4, provide that this section takes effect when the board of canvassers shall certify to the secretary of state that a majority of the qualified electors voting upon the question contained in Section 3 of those acts shall have voted to approve the question.

45-60-7. Collections of seasonal rental tax.

  1. When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such nonmonetary consideration.
  2. The owner of the seasonal rental shall remit the tax to the town treasurer for deposit into the Block Island housing fund at the end of the rental season but no later than February 15th of the following year or at some other time as designated by the Block Island housing board.
  3. The town treasurer shall keep records showing the amount of taxes collected, which records shall disclose the taxes collected from each owner of such seasonal rental. The records of individual payments shall be kept confidential, as are sales and income tax records.
  4. The collections received by the town treasurer shall be deposited into the Block Island housing fund for use by the board as provided in this chapter.
  5. The board shall promulgate such rules and shall prescribe and publish such forms as may be necessary to effectuate the purposes of this section including, but not limited to, procedures for collection, timing, due dates and mailing of tax notices. The board is authorized to establish audit procedures and to assess for delinquent taxes.
  6. Any tax levied pursuant to this section shall be in addition to any other tax imposed pursuant to chapter 44-5-1 et seq., and in addition to all other taxes and fees and the consideration for the rental or lease.

History of Section. P.L. 2005, ch. 355, § 2; P.L. 2005, ch. 435, § 2.

Effective Dates.

P.L. 2005, ch. 355, § 4, and P.L. 2005, ch. 435, § 4, provide that this section takes effect when the board of canvassers shall certify to the secretary of state that a majority of the qualified electors voting upon the question contained in Section 3 of those acts shall have voted to approve the question. The question in Section 3 of those acts was approved by the voters of the town of New Shoreham at a Special Local Referendum Election held on November 8, 2005.

Chapter 61 Stormwater Management Districts

45-61-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island Stormwater Management and Utility District Act of 2002.”

History of Section. P.L. 2002, ch. 329, § 1.

45-61-2. Legislative findings.

The general assembly hereby recognizes and declares that:

  1. The general assembly finds that stormwater, when not properly controlled and treated, causes pollution of the waters of the state, threatens public health, and damages property. Stormwater carries pollutants and other material from the land — such as human and animal waste, oil, gasoline, grease, fertilizers, nutrients, and sediments — into rivers, streams, ponds, coves, drinking water aquifers, and Narragansett Bay. Stormwater reaches the state’s waters by streets, roads, lawns, and other means. As a result, public use of the natural resources of state for drinking water, swimming, fishing, shellfishing, and other forms of recreation is limited and in some cases prohibited.
  2. The general assembly further finds that inattention to stormwater management results in erosion of soils and destruction of both public and private property, thereby putting public safety at risk and harming property values and uses, including agriculture and industry. Therefore, to help alleviate existing and future degradation of the state’s waters and the associated risks to public health and safety, and to comply with state and federal stormwater management requirements, stormwater conveyance systems must be maintained and improved. The state of Rhode Island is delegated by the United States Environmental Protection Agency to implement “Phase II” stormwater management regulations, which require municipalities and other persons to increase their capacity to control stormwater. The Department of Environmental Management’s Pollution Discharge Elimination System program has promulgated these regulations.

History of Section. P.L. 2002, ch. 329, § 1; P.L. 2009, ch. 310, § 68.

45-61-3. Declaration of purpose.

The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating stormwater management districts (SMD), the boundaries of which may include all or part of a city or town, as specified by such ordinance. Such ordinances shall be designated to eliminate and prevent the contamination of the state’s waters and to operate and maintain existing stormwater conveyance systems.

History of Section. P.L. 2002, ch. 329, § 1.

45-61-4. Powers of councils.

The city or town council of any city or town in the state, by itself or with other cities and towns, pursuant to chapter 43 of this title, and in accordance with the purposes of this chapter, are hereby authorized to adopt ordinances creating stormwater management districts, which will be empowered, pursuant to such ordinance, to:

  1. Establish a fee system and raise funds for administration and operation of the district. The fee system shall be reasonable and equitable so that each contributor of runoff to the system shall pay to the extent to which runoff is contributed and the state shall be exempted from the fee system. However, the state department of transportation shall cooperate with the municipalities in the planning and implementation of wastewater management ordinances, including the providing of funds, if available, to match the fees collected by the municipalities annually;
  2. Prepare long range stormwater management master plans;
  3. Implement a stormwater management district in accordance with regulations and model ordinances promulgated under this chapter;
  4. Retrofit existing structures to improve water quality or alleviate downstream flooding or erosion;
  5. Properly maintain existing structures within the district;
  6. Borrow for capital improvement projects by issuing bonds or notes of the city or town;
  7. Hire personnel to carry out the functions of the districts;
  8. Receive grants, loans or funding from state and federal water quality programs;
  9. Grant credits to property owners who maintain retention and detention basins or other filtration structures on their property;
  10. Make grants for implementation of stormwater management district plans;
  11. Purchase, acquire, sell, transfer, or lease real or personal property;
  12. Impose liens;
  13. Levy fines and sanctions for noncompliance;
  14. Provide for an appeals process;
  15. Contract for services in order to carry out the function of the district.

History of Section. P.L. 2002, ch. 329, § 1.

Chapter 61.1 Storm Drainage System Maintenance

45-61.1-1. Purposes.

The purposes of this chapter are to:

  1. Require, at a minimum, the annual inspection of and if necessary the annual cleaning and maintenance of storm drainage systems that are prone to flooding in order to reduce the risks of flooding and roadway degradation, and the deposition of sediments and associated pollutants into the state’s waterways;
  2. Allow small municipal separate storm sewer systems in partnership with the department of transportation to designate storm drainage systems that are prone to flooding and would be subject to the requirements of this chapter;
  3. Provide an opportunity for public input during the storm drainage designation process; and
  4. Authorize the department of environmental management to adopt regulations, as necessary, to implement the provisions of this chapter.

History of Section. P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.

45-61.1-2. Storm drainage system inspection.

  1. Storm drainage systems are herein defined as catch basins, conveyance structures, and structural best management practices (BMPs) used for peak flow mitigation and runoff control/containment, water quality improvement and/or flood plain compensation.
  2. In accordance with the findings of § 45-61-2 and the purposes of this chapter, all storm drainage systems that are part of a regulated small municipal separate storm sewer system (small MS4), as defined in department of environmental management Rule 31(a)(5)(i) of the RIPDES Regulations, shall be inspected at least once per year, except those storm drainage systems that are not designated by the owner or operator of a regulated small MS4 pursuant to subsection 45-61.1-3(b) as being prone to street flooding and/or contributing significantly to storm water management problems. Storm drainage systems prone to flooding or contributing significantly to storm water management problems shall be inspected at least once per year and maintained and cleaned as necessary in order to reduce the risks of flooding and ensure proper functioning of storm drain systems.

History of Section. P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.

45-61.1-3. Stormwater management plans.

  1. Pursuant to the United States Environmental Protection Agency regulations requiring a storm water management program plan for the “Phase II” stormwater management program, as defined in 40 CFR 122.34, a regulated small MS4 is required to prepare a storm water management program plan as a condition of its general Rhode Island Pollutant Discharge Elimination System (RIPDES) permit for small MS4s. In accordance with the provisions established in § 45-61.1-2 , a regulated small MS4 with a general RIPDES permit is required to modify its storm water management program plan to provide for the annual inspection of designated storm drainage systems.
  2. A regulated small MS4 shall designate on or before March 10, 2007, those storm drainage systems that are prone to street flooding and/or contribute significantly to storm water management problems. Such designation shall be included as part of the public notification and public input process defined in subsection (c) of this section.
  3. A regulated small MS4 that modifies its storm water management program plan to implement the purposes of this chapter shall provide public notification of any such modifications and must provide an opportunity for public input at a public meeting prior to submitting the modifications to the department of environmental management on or before March 10, 2007; notice and meeting requirements herein set forth shall conform with the provisions of chapter 42-46 entitled “Open Meetings”.
  4. Pursuant to the provisions of subsection 45-61.1-2(b) , the first annual inspection(s) shall be completed no later than March 10, 2008.

History of Section. P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.

45-61.1-4. Department of environmental management.

The department is hereby authorized, as necessary, to modify the basic requirements of the general RIPDES permit for regulated small MS4s to implement the provisions contained in §§ 45-61.1-1 45-61.1-3 . The department may amend its regulations, as necessary, to bring the general RIPDES permit program for regulated small MS4s into consistency with the requirements of this section.

History of Section. P.L. 2006, ch. 364, § 1; P.L. 2006, ch. 446, § 1.

Chapter 61.2 The Smart Development for a Cleaner Bay Act of 2007

45-61.2-1. Findings.

  1. The general assembly hereby recognizes and declares that:
    1. Stormwater, when not properly controlled and treated, causes pollution of the waters of the state, threatens public health, and damages property. Stormwater carries pollutants into rivers, streams, ponds, coves, drinking water aquifers and Narragansett Bay;
    2. Stormwater reaches the state’s waters by streets, roads, lawns and other means. As a result, public use of the state’s natural resources for drinking water, swimming, fishing, shellfishing and other forms of recreation is limited and in some cases prohibited;
    3. Development often results in increased stormwater runoff by increasing the size and number of paved and other impervious surfaces within the state, and decreasing the amount of natural surface areas that naturally control stormwater runoff through natural filtration and groundwater recharge systems;
    4. Rhode Island’s State Land Use Policies and Plan “Land Use 2025” predicts under the “Current Trend Scenario” that by 2025 an area comprising over one hundred eight thousand (108,000) acres, or sixteen percent (16%) of the state’s total area, could be developed with twenty (20) more years of building to current plans; and
    5. Rhode Island’s stormwater design and installation standards manual has been developed to describe mandatory and suggested stormwater design and performance criteria for applicants to the department of environmental management (DEM), coastal resources management council (CRMC) and Rhode Island’s cities and towns.
    6. To prevent the future degradation of the state’s waters the general assembly finds that Rhode Island should update the stormwater design and installation standards manual to implement comprehensive stormwater standards for development that will maintain natural hydrological systems and reduce pollution to the maximum extent possible by requiring the use of modern non-structural low impact design practices and techniques.

History of Section. P.L. 2007, ch. 133, § 1; P.L. 2007, ch. 203, § 1.

45-61.2-2. Implementation.

  1. The department of environmental management (DEM), in conjunction with the coastal resources management council (CRMC) shall, by July 1, 2008, amend the Rhode Island stormwater design and installation standards manual. The changes shall include, but not be limited to, incorporation into existing regulatory programs that already include the review of stormwater impacts the following requirements:
    1. Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;
    2. Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and
    3. Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable.
  2. City and town ordinances and regulations may require compliance with the Rhode Island stormwater design and installation standards manual, as amended, for any development, redevelopment, or land disturbance.

History of Section. P.L. 2007, ch. 133, § 1; P.L. 2007, ch. 203, § 1; P.L. 2009, ch. 310, § 69; P.L. 2012, ch. 219, § 1; P.L. 2012, ch. 228, § 1.

Compiler’s Notes.

P.L. 2012, ch. 219, § 1, and P.L. 2012, ch. 228, § 1 enacted identical amendments to this section.

Chapter 62 Dam Management Districts

45-62-1. Legislative findings.

The general assembly recognizes and declares that:

  1. Many man-made dams in Rhode Island provide important values to local communities, including the protection of public safety and private property; the protection of drinking water supplies, recreational opportunities, and electrical supplies; the preservation and enhancement of scenic beauty; and the conservation of fish and wildlife resources.
  2. In order to protect the values that dams provide, or mitigate the risk posed by dams that no longer serve any useful purpose, dams must be properly operated, maintained, repaired and/or removed.
  3. The costs of properly operating, maintaining, repairing and/or removing dams are often significant and recurring in nature. In order to meet these costs, local communities should be able to form dam management districts as one of several financial tools available to them.

History of Section. P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1; P.L. 2009, ch. 310, § 70.

45-62-2. Declaration of purpose.

The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating dam management districts (“district”) for dams, the boundaries of which may include all or part of a city or town as specified by the ordinance. These ordinances shall be designed to prevent threats to public safety and public and private property caused by the failure or breach of dams and to protect the values associated with dams through the implementation of dam repairs, maintenance, management and/or removal. Dam management districts created pursuant to this chapter shall be bodies corporate and politic, having an existence separate and apart from the town or city and from the state, for the purpose of managing dams and providing for dam safety within the boundaries of the district.

History of Section. P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.

45-62-3. Power of councils.

  1. The council of any city or town is authorized and empowered to establish by ordinance one or more dam management districts within the city or town; if the need for the management of a dam or dams is multi-municipal, a multi-municipal dam management district may be established by the concurrent adoption of an ordinance by the city or town councils of the municipalities in which the dam management district will be located. The ordinance shall set forth the boundaries of the district, provide for the governance and administration of the district, and require for annual reporting by the district, as a minimum, to each city and town with area within the district and the department of environmental management.
  2. Except as restricted or limited by ordinance, a dam management district shall have the power to:
    1. Provide for entry of city, town, state or district officials in a manner equivalent to the provisions of § 23-27.3-112.0 , onto private property within the district when necessary for the periodic inspection, maintenance and/or repair of dams and appurtenant facilities;
    2. Provide for the supervision, control, maintenance, repair and/or reconstruction of dams, including activities relating to dam removal;
    3. Establish a public education program to educate new residents and update members of the district on new information or procedures for proper maintenance and operation of dams and the implications for failing to operate and maintain dams in a manner that meets generally accepted dam safety practices;
    4. Raise and expend funds for the administration, operations, contractual obligations, and services of the district, and fix and collect rates, fees, and charges within the district for the provision of dam management services by the district;
    5. Employ staff, counsel, and consultants as necessary to carry out the functions of the district and purposes of this chapter;
    6. Acquire, hold, use, sell, transfer and lease real or personal property, and to own, operate, maintain, repair, improve any property acquired;
    7. Apply for, contract for, receive, and expend grants and loans for the maintenance, repair, removal and/or reconstruction of dams, and for other activities authorized by this chapter; and
    8. Adopt a common seal, sue and be sued, and enjoy the powers generally incident to corporations.
  3. Any dam owned and furnished by any municipality, water district, fire district or any other municipal or quasi-municipal corporation that is regulated as a water supplier by the Rhode Island public utilities commission under chapter 1 of title 39 and subject to the provisions of chapter 15.6 of title 46 shall be exempt from the provisions of this chapter.
  4. With respect to the towns of Burriville and Glocester, collection of Dam Management District fees shall be in the same manner as provided by law for the collection of taxes by municipalities and the collector of fees for the said Management District shall, for the purposes of collecting fees assessed by said Management District, have the same powers and authority as are by law conferred on collection of taxes for towns in the state.

History of Section. P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1; P.L. 2008, ch. 282, § 1; P.L. 2008, ch. 362, § 1.

45-62-4. Lien of district fees.

All fees and charges assessed against any person in any district pursuant to this chapter shall constitute a lien upon that person’s real estate in the district for the space of three (3) years after the assessment, and, if the real estate is not alienated, then until the fees are collected.

History of Section. P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.

45-62-5. Indemnification.

Any elected or appointed district official, employee, or member of the district is entitled to all the rights and benefits of indemnification, as provided by § 45-15-16 .

History of Section. P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.

45-62-5.1. Immunity from civil liability.

Pascoag Reservoir Dam Management District created pursuant to this chapter shall be immune from civil liability for any tort committed upon any lake bed the Pascoag Reservoir Dam Management District may acquire, hold, use or lease pursuant to § 45-62-3 .

History of Section. P.L. 2012, ch. 269, § 1; P.L. 2012, ch. 280, § 1; P.L. 2020, ch. 79, art. 2, § 28.

Compiler’s Notes.

P.L. 2012, ch. 269, § 1, and P.L. 2012, ch. 280, § 1 enacted identical versions of this section.

45-62-6. Powers of department and responsibilities of dam owners retained.

Nothing in this chapter shall be construed to affect the powers and duties of the department of environmental management, as they relate to dams, established pursuant to other provisions of law; nor shall this chapter be construed to affect the responsibilities of dam owners, established pursuant to chapter 19 of title 46, absent the establishment of a district.

History of Section. P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1.

45-62-7. Exemption from real and personal property taxes.

The towns of Burriville and Glocester are authorized to enact ordinances which exempt from taxation real and personal property owned by a Dam Management District created pursuant to this chapter, said exemption to be limited to property that consists of the lake bed of the Pascoag Reservoir, also known as Echo Lake and property on which any dam, spillway and any appurtenant structures may be located as the same relate to the Pascoag Reservoir, also known as Echo Lake.

History of Section. P.L. 2008, ch. 282, § 2; P.L. 2008, ch. 362, § 2.

Chapter 63 Middletown Stormwater Control System

45-63-1. Legislative findings.

The general assembly hereby recognizes and declares that:

  1. A stormwater control system which provides for the collection, treatment, storage and disposal of stormwater provides benefits and services to all property within a municipality.
  2. Such benefits include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazards to property and life resulting from stormwater run off, improvement in general health and welfare through reduction of undesirable stormwater conditions and improvement to the water quality in the stormwater and surface water systems and their receiving waters.
  3. That portions of the town of Middletown do not have the benefit of stormwater control systems or the systems are antiquated and/or ineffective.
  4. That construction of adequate stormwater control systems in areas of the town of Middletown not presently served by stormwater control systems would further the goals of reducing hazards to life and property through reduction of undesirable stormwater conditions, improvement to the water quality and improvement in general health and welfare.
  5. That the town of Middletown desires to provide such stormwater control systems to areas in need of same.
  6. That in order to provide such facilities the town is in need of a funding mechanism to help defray the cost of installation of same.
  7. That it is the policy of the state of Rhode Island to empower and assist the local municipalities to meet the needs of residents, reduce hazards to life and property and improve water quality.

History of Section. P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.

45-63-2. Authorization.

  1. Subject to approval of the Rhode Island department of environmental management, where required by law or regulation, and where appropriate, to the approval of such other state and federal agencies having jurisdiction over the subject matter, the town of Middletown, is authorized and empowered to design, plan, permit, layout and construct, maintain and operate a stormwater control system facility inclusive, but not limited to, pipes, connections, catch basins, manholes, retention and/or detention basins, water quality ponds, swales, channels, pumps, holding tanks and such other facilities as may be reasonably necessary for the collection, treatment, storage and disposal of stormwater and for such purposes to take by eminent domain or otherwise acquire any lands, rights-of-way, or easements, public or private in said town necessary for accomplishing the purposes set forth in this chapter.
  2. The design, permit, layout and construction of said stormwater control system shall be vested in the town council, subject to approval of the Rhode Island department of environmental management. The members of the town council and their duly authorized agents may enter upon property within the town to examine, inspect and survey same whenever necessary for the performance of their duties hereunder.

History of Section. P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1; P.L. 2009, ch. 310, § 71.

45-63-3. Special assessment.

  1. The town of Middletown, by ordinance, is authorized to impose and collect a special assessment to defray the cost of construction of said stormwater control systems in areas not presently served by subsurface stormwater control systems. The town council shall prescribe a just and equitable annual assessment to all owners of land abutting on that portion of any street, highway or right-of-way in which storm water drainage pipes, catch basins and lines are installed at the expense of the town of Middletown. Said assessment shall be adopted by ordinance of the town council after public hearing thereon, shall be imposed only after said stormwater control system shall have been installed and shall be formulated to repay to the town the actual costs of construction of said storm water control system, including design, permitting, debt service and costs on any issuance of bonds or notes issued to finance the same, or such portion thereof as the town shall deem appropriate, over a period not to exceed twenty (20) years, (or the repayment term of any bonds or notes utilized to finance same, whichever may be greater). Said assessment to owners of abutting land shall be at a uniform rate for each foot of frontage of land abutting on a street, highway or right-of-way, into which a subsurface stormwater control system shall have been installed by the town; provided, however, that a minimum rate may be established for any lot having foot frontage of less than fifty (50) feet which rate may be equal to that charged for a lot with foot frontage of fifty (50) feet; provided, that a higher rate per foot frontage may be assessed to a lot of land upon which a dwelling or other structure is located than an unimproved lot of land, and further provided, that whenever any lot is located at the intersection of two (2) streets, highways or rights-of-way in which stormwater drainage lines have been constructed at the expense of the town of Middletown hereunder the assessment on such lot shall be made only for the stormwater drainage line on one street, highway or right-of-way, that being the street, highway or right-of-way having the greatest linear foot frontage. It is hereby determined that assessment made under this section will not exceed the benefits to the abutting owners.
  2. Said ordinance shall provide that the amount of said special assessment shall be payable to the town in equal annual installments for a period not exceeding twenty (20) years, (or the repayment term of any bonds or notes utilized to finance same, whichever may be greater), with interest thereon, if any, at a rate to be determined by the town council not exceeding six percent (6%) per annum or the interest rate payable on any bonds or notes issued to finance same, whichever may be greater, payable at such time as each installment becomes due. Any property owner shall have the right to prepay unpaid installments with interest to time of prepayment.
  3. The town council shall annually, prior to the first day of July, certify to the finance director all assessments made by it under the authority of this section. Each such assessment made by the town council pursuant to this section shall be a lien upon the lands, buildings and improvements upon which it is made in the same way and manner in which taxes assessed on real estate and if not paid as required shall be collected in the same manner that taxes assessed on real estate are by law collected. Such assessment shall be due and payable at the time the next regular town taxes are first due and payable next after receipt by the finance director of the certification of assessments from the town council, except that payment may be made in quarterly installments and installment payments shall be due beginning at such time, and the finance director shall forthwith certify to the tax collector for collection, and the tax collector shall proceed to collect such assessment in the same manner and at the same time the regular taxes of the town are first due and payable, with provision for installments as provided in this section. Interest at the rate per annum for nonpayment of town taxes shall be charged and collected upon all overdue assessments and installments from the date they are payable until paid.

History of Section. P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1; P.L. 2009, ch. 310, § 71.

45-63-4. Exemptions from special assessment.

The town council may, by ordinance, exempt from the payment of any and all assessments for the construction of stormwater control facilities hereunder, the land of any religious corporation on which are located buildings used solely for holding of religious services therein and all land in the town held by cemetery corporations and used solely for cemetery purposes.

History of Section. P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.

45-63-5. Adjustment of special assessment.

Upon petition of the owner of a lot of land of irregular shape or which is unduly above or below grade or which for any other reason is deemed to be inequitably charged or assessed under this chapter, the town council may adjust the charge or assessment on such lot or exempt such lot from such charge or assessment.

History of Section. P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.

45-63-6. Stormwater control system in existing street.

Nothing herein shall be construed to require the town of Middletown to install any storm water control facilities in any existing street and installation of such facilities shall be in the discretion of the town council.

History of Section. P.L. 2006, ch. 121, § 1; P.L. 2006, ch. 142, § 1.

Chapter 64 Master Fire Alarm Box Charges

45-64-1. Power to assess charges against users.

In addition to the powers, privileges, prerogatives, and authority that are now granted to each city and town and fire district, or any agency of a city or town and fire district, in connection with fire alarm master box systems of these municipalities, each city and town and fire district is authorized and empowered to enact ordinances assessing users of master alarm fire box systems of the fire departments of the cities and towns and fire district, a charge not to exceed five hundred dollars ($500) for the use of said systems in an amount that recovers the cost to the city or town and fire district of the service rendered to the users. In enacting this ordinance, any city or town and fire district may also provide that all unpaid charges shall be a lien upon the real estate of the users.

History of Section. P.L. 2011, ch. 231, § 1; P.L. 2011, ch. 256, § 1.

Compiler’s Notes.

P.L. 2011, ch. 231, § 1, and P.L. 2011, ch. 256, § 1, enacted identical versions of this chapter.

45-64-2. Adoption of implementing provisions.

Each city and town and fire district may, by ordinance, define the person or persons, firm, corporation, partnership, individual, assignee, trustee, or other person upon whom a charge is assessed, and may adopt any other ordinances, rules, or regulations that may be necessary to carry out the provisions of this chapter, and may impose a penalty or penalties for any violation of the ordinance, rule or regulation.

History of Section. P.L. 2011, ch. 231, § 1; P.L. 2011, ch. 256, § 1.

45-64-3. Severability.

If any part, subdivision, or section of this chapter is declared unconstitutional, the validity of the remaining parts shall not be affected.

History of Section. P.L. 2011, ch. 231, § 1; P.L. 2011, ch. 256, § 1.

Chapter 65 Retirement Security Act for Locally Administered Pension Funds

45-65-1. Short title.

This chapter shall be known as and may be cited as the “Pathway to Retirement Security for Locally Administered Pension Funds Act.”

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

Compiler’s Notes.

P.L. 2011, ch. 408, § 22, and P.L. 2011, ch. 409, § 22 enacted identical versions of this chapter.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

45-65-2. Purpose.

The purpose of this chapter is to provide retirement security to current and retired municipal employees by codifying standards to promote the sustainability and longevity of pension plans established and administered by municipalities.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

45-65-3. Legislative findings.

It is the intention of the general assembly to begin the process of ensuring the sustainability of locally administered pension plans and to advance and maintain the long-term stability of such plans. The general assembly finds and declares that:

  1. Rhode Island law authorizes and empowers municipalities to administer their own municipal pension plans; currently, there are thirty-six (36) such plans administered by twenty-four (24) municipalities.
  2. According to a report by the Office of the Auditor General entitled Pension and OPEB Plans Administered by Rhode Island Municipalities (September 2011): “Many municipal pension plans are severely underfunded which presents the risk that sufficient funds will not be available to meet promised benefits to retirees. It also undermines the overall fiscal health of the plan’s sponsor.”
  3. It is in the best interests of individual employees, taxpayers, municipalities and the state itself to maintain viable and sustainable municipal public pension plans. These interests include:

    Preserving a level of pension benefits that is, over the long term, reasonable for current and retired municipal employees and affordable for taxpayers;

    Avoiding significant and unanticipated retirement benefit reductions, which could cause an increase in poverty among retired municipal employees and a resulting strain on state social services;

    Maintaining investments in infrastructure and education on the state and local levels in lieu of diverting critical resources to satisfy pension obligations;

    Preventing the financial downgrade of municipalities by rating agencies as a result of unfunded pension obligations, which would make it more difficult to access the capital markets and increase the costs of borrowing;

    Encouraging rating agencies, in recognition of the state’s proactive approach toward financial discipline, to take positive credit actions on Rhode Island municipal bonds; and

    Creating a more stable and well-managed environment in Rhode Island to attract new businesses and maintain and expand existing businesses, which will diminish the uncertainty and fiscal instability that accompany uncontrolled pension obligations.

  4. The first step in ensuring the viability and sustainability of local pension plans is to get an accurate analysis of the current condition and fiscal health of the individual plans.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

45-65-4. Definitions.

As used in this chapter the following terms shall have the following meanings:

  1. “Actuarial experience study” means a report provided by an actuary that includes a recent discussion of plan experience, recommendations for actuarial assumptions and methods, and information about the actuarial impact of these recommendations on the liabilities and other key actuarial measures.
  2. “Annual actuarial valuation study” means a valuation of a locally administered plan completed by an actuary, and a certification based on that valuation indicating whether such plan is or is not in critical status, on an annual basis.
  3. “Critical status” means that, as determined by its actuary, as of the beginning of the plan year, a plan’s funded percentage for such plan year is less than sixty percent (60%).
  4. “Locally administered plan” or “plan” means any defined benefit pension plan established by a municipality for its employees, other than: (a) A plan that is part of the Employees’ Retirement System of Rhode Island as defined in chapter 8 of title 36 or the Municipal Employees’ Retirement System of Rhode Island as defined in chapter 21 of this title; or (b) A plan established by a municipality that has filed for bankruptcy protection pursuant to chapter 9 of title 11 of the United States Code, a plan established by a municipality for which a receiver has been appointed pursuant to chapter 9 of this title or a plan established by a municipality for which a fiscal overseer has been appointed pursuant to chapter 9 of this title.
  5. “Municipality” means any town or city in the State of Rhode Island, any city or town housing authority, fire, water, sewer district, regional school district or public building authority as established by chapter 14 of title 37.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

45-65-5. Actuarial valuation methodology.

Actuarial methods used by the actuary in preparing an actuarial experience study or annual actuarial valuation shall be in compliance with accepted actuarial standards and applicable public pension accounting laws, rules and regulations. The actuary shall not, year to year, change actuarial methods for the sole purpose of achieving a more favorable funding or fiscal result. Any actuarial study shall be made by the actuary in good faith and in accordance with accepted actuarial standards.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

45-65-6. Certification and notice requirements.

  1. Every municipality that maintains a locally administered plan shall submit its initial annual actuarial valuation study to the study commission created herein under § 45-64-8 on or before April 1, 2012, and for each plan year ending on or after December 31, 2012, within six (6) months of completing such plan year. The initial actuarial experience study shall be submitted to the study commission on or before April 1, 2012, and subsequent actuarial experience studies must be submitted to the study commission no less frequently than once every three (3) years.
  2. In any case in which an actuary certifies that a locally administered plan is in critical status for a plan year, the municipality administering such a plan shall, not later than thirty (30) business days following the certification, provide notification of the critical status to the participants and beneficiaries of the plan and to the general assembly, the governor, the general treasurer, the director of revenue, and the auditor general. The notification shall also be posted electronically on the general treasurer’s website. Within one hundred eighty (180) days of sending the critical status notice, the municipality shall submit to the study commission a reasonable alternative funding improvement plan to emerge from critical status.
  3. The state shall reimburse every municipality for fifty percent (50%) of the cost of undertaking its annual actuarial valuation study, which is due on April 1, 2012.
  4. Notwithstanding any other law to the contrary, the funding improvement plans and actuarial valuation studies submitted pursuant to this section shall be public records.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22; P.L. 2012, ch. 241, art. 16, § 3.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

Tyler Martin, 2019 Survey: Cranston Police Retirees Action Comm. v. City of Cranston, 25 Roger Williams U. L. Rev. 564 (2020).

45-65-7. Failure to comply.

  1. With respect to any municipality that fails to comply with the requirements of this chapter within the prescribed time, the general treasurer is authorized to withhold moneys due to the municipality from the state for any purpose other than education, including, but not limited to, municipal aid and other aid provided under §§ 45-13-5.1 , 45-13-12 , 44-34.1-2 , 44-13-13 , 44-18-18.1 , 44-18-36.1(b) and 42-63.1-3 .

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

45-65-8. Study commission.

A study commission for locally administered plans shall be established to review existing legislation and pension plan administrative practices and to make recommendations for the improved security and funding of locally administered plans and other post-retirement benefit obligations of cities and towns. The commission shall consist of fourteen (14) members: the director of the department of revenue, or his or her designee; who shall be the chair, the auditor general, one member each representing the department of administration, the general treasurer, the League of Cities and Towns and the Rhode Island Public Expenditures Council, and three (3) members appointed by the governor representing municipal police, fire and non-public safety employees. In addition, the Speaker of the House and President of the State Senate shall each appoint one member to the commission and then shall jointly select and appoint one elected mayor from a city or town with a population greater than 50,000, one elected mayor from a city or town with a population less than 50,000 and one appointed town administrator.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

45-65-9. Severability — Indispensable party.

The holding of any section or sections or parts hereof to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof. The state shall be an indispensable party in any action contesting the validity of this chapter.

History of Section. P.L. 2011, ch. 408, § 22; P.L. 2011, ch. 409, § 22.

45-65-10. Oversight and report on the status of locally administered pension plans.

  1. An advisory council regarding locally administered pension plans shall be established and consist of:
    1. The general treasurer, who shall serve as a chairperson;
    2. The auditor general;
    3. A representative of organized labor appointed by the governor;
    4. A representative of the Rhode Island League of Cities and Towns; and
    5. The director of revenue or designee who shall be from the office of municipal finance.
  2. On or before April 30 of each year, the advisory council shall provide to the governor’s office and to both chambers of the general assembly an annual report that shall include a “performance dashboard” of all pension plans used by either the state and/or any municipality or municipal employees, that sets forth for each plan:
    1. Fund performance for each plan’s most recently completed and previous five (5) and ten (10) fiscal years;
    2. The total percentage of the plan that is funded;
    3. The percentage of administrative costs of the fund as measured against the fund’s assets;
    4. Assumed and projected rates of return for the funds; and
    5. The municipality’s or community’s capacity to pay the municipality’s required funding payment as a percentage of their tax levy ratio.
  3. Cities and towns shall supply the information requested by the advisory council to furnish this report.
  4. The report shall be accompanied by an opinion prepared by the general treasurer regarding the sustainability of each plan and any potential areas of concern.

History of Section. P.L. 2016, ch. 524, § 1.

Chapter 66 Central Coventry Fire District Annual Appropriation

45-66-1. Repealed.

History of Section. P.L. 2013, ch. 8, § 1; Repealed by P.L. 2013, ch. 8, § 2, effective May 10, 2013.

Compiler’s Notes.

Former § 45-66-1 concerned availability of funds upon failure of the qualified voters of the Central Coventry fire district to authorize the assessment and collection of taxes.

Chapter 67 Block Island Utility District Act of 2017

45-67-1. Short title.

This act shall be known and may be cited as the “Block Island Utility District Act of 2017.”

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

Compiler’s Notes.

P.L. 2017, ch. 280, § 1, and P.L. 2017, ch. 293, § 1 enacted identical versions of this chapter.

45-67-2. Definitions.

Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:

  1. “BIPCo” means the Block Island Power Company.
  2. “BIPCo assets” means that real property, personal property, rights in any real and personal property, facilities, equipment, contract rights, statutory rights and privileges, franchises and other tangible or intangible property of any kind owned by BIPCo.
  3. “BIPCo contractual obligations” means the obligations represented by and inherent in any contract entered into between BIPCo and another utility or other party, which obligations remain outstanding in any part as of the date when BIPCo ceases to be an electric utility pursuant to § 45-67-8(1) .
  4. “BIPCo debt obligations” means the obligations represented by and inherent in any debt incurred by BIPCo for the purpose of financing any aspect of its electric system or operations, which obligations remain outstanding in any part as of the date when BIPCo ceases to be an electric utility pursuant to § 45-67-8(1) .
  5. “Qualified elector” means any person whose name appears on an active account with the utility district and who is designated by the account holder to be the qualified elector. No active account shall have more than one qualified elector and no qualified elector shall have more than one vote.
  6. “Utility district” means the Block Island utility district, a quasi-municipal corporation, having a distinct legal existence from the state, established and empowered by this chapter to:
    1. Fulfill electric utility functions, powers, rights, and obligations;
    2. Exercise certain powers as an electric distribution company and power producer; and
    3. Provide additional utility services not inconsistent with the duties, powers and obligations of the utility district as defined in this section.
  7. “Utility service area” means that geographic area comprising New Shoreham, Rhode Island.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-3. Statement of purpose.

This chapter is intended to establish the Block Island utility district and to authorize and enable the utility district to provide utility products and services as may be authorized, from time to time, by the utility district’s board of utility commissioners.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-4. Block Island utility district established.

  1. There is hereby created a quasi-municipal corporation, having a distinct legal existence from the state, to be known as the Block Island utility district, the boundaries of which shall be coterminous with the boundaries of New Shoreham, Rhode Island. The utility district shall have and be entitled to exercise the powers, rights, and functions set forth in this chapter. Notwithstanding any other provision of these general laws or of any regulation, ordinance, rules or requirements promulgated thereunder to the contrary, upon the creation of the utility district, all rights, obligations, and duties under contracts and agreements to which BIPCo is a party that are assumed by or transferred to the utility district shall not be affected, modified, limited, or altered as a result of such assumption or transfer and shall be assumed, performed, and be fully enforceable by and against the utility district.
  2. In the event that BIPCo and the utility district are unable to agree on the price, terms and conditions of such sale of personal property and assumption of such obligations, then BIPCo shall continue as the electric utility servicing the utility service area, and the Block Island utility district shall not function as an electric utility.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-5. Board of utility commissioners of the Block Island utility district established.

There is hereby created a board to be known as the board of utility commissioners of the Block Island utility district. The powers of the utility district as set forth in this chapter shall be vested in and exercised by a majority of the members of the board of utility commissioners then in office; provided, however, that the board of utility commissioners in its discretion may delegate executive functions to managers, by resolution, rule, or otherwise.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-6. Membership of board of utility commissioners.

  1. The board of utility commissioners shall consist of five (5) members, no less than three (3) of whom shall be residents of the town of New Shoreham as defined by the Revised Ordinances of the town of New Shoreham, Chapter 2, Article I, Section 2-2. A majority of the board shall constitute a quorum and a majority of the members shall be necessary for all actions taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. The initial elected members of the board of utility commissioners shall be elected with staggered terms of two (2) years and four (4) years. The three (3) candidates receiving the most votes will serve four-year (4) terms; the two (2) candidates receiving the next highest number of votes will serve two-year (2) terms. Thereafter, the members of the board of utility commissioners of the utility district shall be elected for a term of four (4) years by ballot of qualified electors.
  2. The election of the initial board of utility commissioners shall be administered by the town of New Shoreham using the list of qualified electors provided by BIPCo.
  3. Each member of the board of utility commissioners shall be a qualified elector. A qualified elector shall be eligible to be a candidate for election to the board; provided, however, that they shall first have filed a declaration of candidacy with the secretary of the board of utility commissioners not later than thirty (30) calendar days prior to the scheduled date of the election through which such person seeks to be elected. In the event of a vacancy occurring on the board of utility commissioners by reason of death, resignation, or other cause, the board itself may select an eligible candidate to fill the vacancy until the next annual election. In the event that an active account is in the name of a corporation or other entity, the designated qualified elector of such an entity shall also be eligible to be a candidate for election to the board.
  4. The board of utility commissioners shall elect each year from among its members:
    1. A chairperson;
    2. A vice chairperson;
    3. A secretary; and
    4. A treasurer.
  5. The board of utility commissioners shall establish and adopt bylaws for the management and conduct of the utility district’s affairs and other aspects of the governance of the utility district not otherwise controlled by this chapter.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-7. Compensation of the board — Employees of the utility district.

  1. Members of the board of utility commissioners shall not be entitled to receive compensation for attendance at scheduled and special meetings of the board of utility commissioners. The salaries, compensation, and expenses of employees and agents of the utility district shall be paid solely out of funds of the utility district. No part of the earnings of the utility district shall inure to the benefit of any private person.
  2. The board may enter into employment contracts with its executive employees. The board shall have the authority to approve employee benefit plans, including fringe benefits such as, but not limited to, pension, health, disability, and other insurances.
  3. No member of the board of utility commissioners shall directly or indirectly engage or participate in the proceeds of any contract or agreement to supply anything of value or receive anything of value from the utility district. The prohibition set forth in this subsection may be waived by a vote of four (4) of the board of utility commissioners if, and only if, the board of utility commissioners shall have first obtained an opinion of the attorney general and/or the Rhode Island ethics commission based on full disclosure of all relevant facts that the waiver does not contravene state law and is otherwise in the best interests of the consumers served by the utility district.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-8. Powers of the utility district.

The utility district shall have the power:

  1. To acquire the BIPCo assets and to assume the BIPCo debt obligations. The sale by voluntary purchase of such property and the assumption of such obligations shall be negotiated between BIPCo and the utility district; provided, however, that upon acquiring BIPCo assets, the utility district shall assume and fulfill all of BIPCo’s related contractual obligations in full;
  2. To acquire such other real or personal property by voluntary purchase from the owner or owners of the property, and to the extent that the board of utility commissioners deems it advisable, to acquire property held by a corporation through acquisition of the stock of the corporation and dissolution of the corporation;
  3. To acquire real property, fixtures, and rights and interests in real property within its utility service area by eminent domain, except for real property owned in whole or in part by the town of New Shoreham or BIPCo, or real property owned by other utilities, subject to the supervision of the public utilities commission in the manner prescribed in § 39-1-31 ;
  4. To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired under this section all of which, together with the acquisition of the property, are hereby declared to be public purposes;
  5. To produce, purchase, acquire, distribute, and sell electricity at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to lay down, construct, own, operate, maintain, repair, and improve mains, pipes, towers, and other equipment and facilities necessary, appropriate or useful for those purposes within its utility service area, subject to franchise rights of other utilities; and to contract with others for any or all of the foregoing purposes;
  6. To produce, buy, sell, and trade electric capability, power, or energy products or services at wholesale or retail within its utility service area, subject to franchise rights of other utilities; to purchase for its own use or for resale electric transmission service and ancillary services within its utility service area, subject to franchise rights of other utilities; and to engage in any other transaction with respect to electricity or electricity products within its utility service area, subject to franchise rights of other utilities that was heretofore authorized for investor-owned electric companies operating as domestic electric utilities within the state (including participation in generating facilities as authorized by chapter 20 of title 39); provided, that the utility district shall operate and be subject to regulation of its retail rates for electricity under title 39 when operating within its utility service area;
  7. To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of an electric utility;
  8. To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment within its utility service area, subject to franchise rights of other utilities necessary, appropriate, or useful to the operation of other utilities, including, but not limited to: communications services such as internet service, high-speed data transfer, local and long-distance telephone service, community antenna television service, and to engage in the operation of such utilities within its utility service area subject to franchise rights of other utilities;
  9. To sue and be sued;
  10. To adopt and alter a corporate seal;
  11. To acquire, hold, use, lease, sell, transfer, assign, or otherwise dispose of any property, real, personal, or mixed, or any interest therein, for its corporate purposes, and to mortgage, pledge, or lease any such property;
  12. To make and adopt bylaws for the management and regulation of its affairs;
  13. To borrow money for any of the purposes or powers granted to it under, or by operation of this chapter, including the creation and maintenance of working capital, and to issue negotiable bonds, notes, or other obligations, to fund or refund the same, and to secure the obligation of such bonds, notes, or other obligations in any case by pledge of, or security interest in, the revenues and property of the utility district;
  14. To fix rates (subject to the requirements of title 39 in the case of retail electric rates within its utility service area) and collect charges for the use of the facilities or services rendered by or any commodities furnished by the utility district; and
  15. To contract in its own name for any lawful purpose that would effectuate the purposes and provisions of this chapter; to execute all instruments necessary to carry out the purposes of this chapter; and to do all things necessary or convenient to carry into effect and operation the powers granted by this chapter.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-9. Limitation of powers.

All services provided by the utility district that constitute public utility services within the meaning of § 39-1-2 shall be subject to the applicable jurisdictions of the public utilities commission and the division of public utilities and carriers.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-10. Exemptions.

  1. The exemption waiver provided by the public utilities commission to BIPCo from the terms of § 39-1-27 shall also apply to the utility district and the public utilities commission shall have the authority to provide such other waivers from this section as may be in the public interest.
  2. The utility district shall, from time to time, submit plans to the public utilities commission on retail choice as defined in § 39-1-27.3 . The public utilities commission shall have the authority to approve those plans as may be in the interests of all ratepayers of the utility district, including the option of not offering retail choice. Any waiver on retail choice granted by the public utilities commission to BIPCo shall also apply to the utility district.
  3. The exemptions provided for the Pascoag utility district and BIPCo under §§ 39-1-27.3.1 , 39-1-27.12 , 39-2-1.2(b) , 39-2-25 , 39-26.1-1 through and including 39-26.1-6 , and chapters 1.1, 26, 26.2, 26.4, and 26.6 of title 39 shall also apply to the Block Island utility district. The utility district shall be exempt from the provisions of chapter 18 of title 35.
  4. As long as the utility district has a waiver from the restructuring provisions of § 39-1-27 , then the utility district shall also be granted a waiver from the provisions of § 39-1-27 .6 such that the employees of the utility district may be allowed to provide both electrical generation and distribution services.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-11. Bonds.

  1. The utility district shall have the power, and is hereby authorized, from time to time, to issue its negotiable bonds for any of its corporate or district purposes and to secure the payment of the bonds in such manner and by such means as may be provided in the resolution or resolutions of the utility district authorizing the bonds, subject to the regulatory jurisdiction of the division of public utilities and carriers in the manner prescribed in § 39-3-15 , where applicable.
  2. The utility district is specifically authorized to secure bonds that it may issue from time to time by a pledge of, or creation of other security interest in, the revenues of the utility district, which pledge or security interest may be enforceable by the grant of a conditional franchise, in the event of default in the payment of the bonds, entitling the secured party or trustee to enter upon and take control of the utility district’s facilities and service and to provide utility service and receive the revenues from the utility district’s facilities and service for such period, not exceeding twenty (20) years, as may be necessary to recover all payments due on the bonds.
  3. The bonds of the utility district shall be authorized by resolution of the board of utility commissioners. The bonds shall bear such date or dates, mature at such time or times not exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such time or times, be in such denominations and in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and such time or times and be subject to redemption at such premium, if required, and on such terms, as the resolution may provide. The bonds so authorized and issued pursuant to this chapter may be sold at public or private sale for any price or prices that the utility district shall determine.
  4. Pending the issuance of bonds in definitive form, the utility district may issue bond anticipation notes or interim receipts in such form as the board of utility commissioners may elect.
  5. The utility district is hereby authorized to provide for the issuance of refunding bonds of the utility district for the purpose of refunding any bonds or notes then outstanding that shall have been issued under the provisions of this chapter, including the payment of any redemption premium on the bonds or interest accrued or to accrue to the earliest or subsequent date of redemption, purchase, or maturity of the bonds and, if deemed advisable by the utility district, for the additional purpose of paying all or a part of the cost of acquiring, constructing, reconstructing, rehabilitating, or improving any property, facilities, or systems, or parts of property, facilities or systems, of the utility district. The proceeds of bond or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the utility district, to the purchase, retirement at maturity or redemption of outstanding bonds or notes either on their earliest or a subsequent redemption date and may, pending that application, be placed in escrow in the same manner and through the same means as are generally available to and incumbent upon political subdivisions of the state.
  6. It is hereby declared that the utility district and the carrying out of its corporate purposes is, in all respects, for the benefit of the people of the state and for the improvement of their health, welfare, and prosperity, and the utility district will be performing an essential governmental function in the exercise of the powers conferred by this chapter. The state therefore covenants with the holders of the utility district’s bonds that the utility district shall not be required to pay taxes or payments in lieu of taxes to the state or any other political subdivision of the state upon any property of the utility district or under its jurisdiction, control, or supervision, or upon any of the utility district’s activities in the operation or maintenance of the property, or upon any earnings, revenues, monies or other income derived by the utility district, and that the bonds of the utility district and the income from the bonds shall at all times be exempt from taxation by the state and its political subdivisions. Notwithstanding the foregoing, nothing in this section shall be deemed to prohibit the division of public utilities and carriers, the public utilities commission, and the department of attorney general from assessing the utility in accordance with the provisions of §§ 39-1-23 , 39-1-26 , 39-19-9 and 39-19-14 , if applicable.
  7. Any resolution or resolutions authorizing any bond, or any issue of bonds, may contain provisions that shall be a part of the contract with the bondholders of the bonds thereby authorized, as to:
    1. Pledging all or any part of the money, earnings, income, and revenues derived from all or any part of the property of the utility district to secure the payment of any bonds or of any issue of bonds subject to such agreements with bondholders as may then exist;
    2. The rates to be fixed and the charges to be collected and the amounts to be raised in each year and the use and disposition of the earnings and other revenue;
    3. The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
    4. Limitations on the right of the utility district to restrict and regulate the use of the properties in connection with which the bonds are issued;
    5. Limitations on the purposes to which the proceeds of sale of any issue of bonds may be put;
    6. Limitations on the issuance of additional bonds, including refunding bonds and the terms upon which additional bonds may be issued and secured;
    7. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the percentage of bondholders whose consent shall be required for such amendment or abrogation, and the manner in which consent may be given;
    8. The creation of special funds into which any earnings or revenues of the utility district may be deposited, and the investment of the funds;
    9. The appointment of a fiscal agent and the determination of its powers and duties;
    10. Limitations on the power of the utility district to sell or otherwise dispose of its properties;
    11. The preparation of annual budgets by the authority and the employment of consultants and auditors;
    12. The rights and remedies of bondholders in the event of failure on the part of the utility district to perform any covenant or agreement relating to a bond indenture;
    13. Covenanting that, as long as any bonds are outstanding, the utility district shall use its best efforts to establish and maintain its rates and charges at levels adequate at all times to pay and provide for all operating expenses of the utility district, all payments of principal, redemption premium (if any), and interest on bonds, notes, or other evidences of indebtedness incurred or assumed by the utility district, all renewals, repairs and replacements to the property and facilities of the utility district, and all other amounts that the utility district may be required by law to pay; and
    14. Any other matters of like or different character that in any way affect the security or protection of the bonds.
  8. The bonds of the utility district are hereby made securities in which all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations (including savings and loan associations), building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whomsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities that may be deposited with, and shall be received by, all public officers and bodies of this state, and all municipalities and municipal subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is now or may thereafter be required.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-12. State not liable.

Neither the state nor the town of New Shoreham is liable for the payment of the principal of or interest on any bonds or notes of the utility district, or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever that may be undertaken by the utility district, and none of the bonds or notes of the utility district, nor any of its agreements or obligations, are construed to constitute an indebtedness of the state or the town of New Shoreham within the meaning of any constitutional or statutory provision whatsoever, nor shall the issuance of bonds or notes, under the provisions of this chapter, directly or indirectly or contingently, obligate the state or any municipality of the state to levy or to pledge any form of taxation for them or to make any appropriation for their payment. All of the revenue bonds or notes shall contain on their face a statement to the effect that neither the state nor the town of New Shoreham are obligated to pay the revenue bonds or notes, or their interest, except from revenues of the project or projects for which they are issued, and that neither the faith and credit, nor the taxing power of the state or of any municipality of the state, is pledged to the payment of the principal of or the interest on those bonds or notes.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-13. Money of the utility district.

  1. All money of the utility district, from whatever source derived, shall be paid to the treasurer of the utility district. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the accounts shall be paid out with a check of the treasurer, on requisition by the utility district, or of any other person or persons that the utility district may authorize to make the requisitions. All deposits of money shall be secured by obligations of the United States or of the state, of a market value at all times not less than the amount of deposits, and all banks and trust companies are authorized to give security for the deposits. The utility district shall have the power, notwithstanding the provisions of this section, to contract with the holders of any of its bonds as to the custody, collection, security, investment, and payment of any money of the authority, or any money held in trust or otherwise for the payment of bonds or in any way to secure the bonds, and to carry out any contract. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as the money of the authority, and all banks and trust companies are authorized to give security for the deposits.
  2. Notwithstanding subsection (a) of this section, or any other provision of this chapter, the board of utility commissioners shall have the power to authorize, by resolution, a loan or advance from one utility fund of the utility district to another. Any such interfund advance or loan shall be for a term specified in the authorizing resolution of the board of utility commissioners and shall bear interest at a rate reasonably determined by the board of utility commissioners to be consistent with the public interest implicated in all funds involved in the interfund loan or advance; provided, however, that an interest rate set at the rate applicable to the utility district’s most recent borrowing from a bank or other financial institution shall be presumptively reasonable as the rate of interest for an interfund loan or advance.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-14. Alteration, amendment, repeal or severability.

The right to alter, amend, or repeal this chapter is reserved to the state, but no such alteration, amendment, or repeal shall operate to retroactively impair the obligation of any contract made or assumed by the utility district under any power conferred by this chapter. If any section, clause, provision, or term of this chapter shall be declared unconstitutional, void, ultra vires, or otherwise ineffective in whole or in part, such determination of invalidity shall not otherwise affect the validity or enforceability of any other provision of this chapter.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

45-67-15. Reversion upon dissolution or termination.

Upon dissolution or termination of the utility district, the assets of the utility district that remain after payment, or making provision for payment, of all bonds, notes, and other obligations of the utility district shall be distributed to the town of New Shoreham or as ordered by a court of proper jurisdiction.

History of Section. P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.

Chapter 68 Statewide Municipal Solar Permit

45-68-1. Legislative purpose.

The purpose of this chapter is to provide a predictable and universal process for obtaining a single permit that encompasses both building and electric permits for solar photovoltaic systems with municipalities.

History of Section. P.L. 2017, ch. 10, § 1; P.L. 2017, ch. 27, § 1.

Compiler’s Notes.

P.L. 2017, ch. 10, § 1, and P.L. 2017, ch. 27, § 1 enacted identical versions of this chapter.

45-68-2. Definitions.

When used in this chapter, these terms shall have the following meaning:

  1. “Commission” means the Rhode Island state building code commission;
  2. “Office” means the Rhode Island office of energy resources; and
  3. “Solar energy permit” means a standard application used by municipalities that covers both the building and electrical permit aspects of a solar photovoltaic system installation.

History of Section. P.L. 2017, ch. 10, § 1; P.L. 2017, ch. 27, § 1.

45-68-3. Renewable energy permit.

  1. The office, in consultation with the commission, shall promulgate and adopt rules and regulations that will create a statewide solar photovoltaic permit application that municipalities will be required to use beginning on January 1, 2018. The office’s rules and regulations shall be adopted no later than November 1, 2017.
  2. The office shall establish an advisory group for the purpose of creating a statewide solar energy permit application form.
  3. The advisory group shall include the following members and may be expanded by the office in its discretion, to include other personnel with experience and/or expertise in the area of solar energy:
    1. A renewable energy developer with expertise in residential solar photovoltaic installation;
    2. A renewable energy developer with expertise in commercial solar photovoltaic installations; and
    3. Three (3) municipal officials with expertise in building and electric permitting processes.

History of Section. P.L. 2017, ch. 10, § 1; P.L. 2017, ch. 27, § 1.

Chapter 69 Coastal Hazards

45-69-1. Coastal hazards.

For the purposes of coastal hazards, including sea level rise and coastal flooding, the state’s twenty-one (21) coastal communities are authorized to adopt the coastal resources management council’s (CRMC) coastal hazard application process applicable to a local overlay district bounded by the seven-foot (7´) sea level rise, plus one hundred- year (100) recurrence coastal storm as specified by the CRMC’s shoreline change special area management plan. This local overlay district shall be for the purposes of assessing coastal hazard risk of structures by applicants seeking local building permits.

History of Section. P.L. 2021, ch. 214, § 1, effective July 7, 2021; P.L. 2021, ch. 325, § 1, effective July 9, 2021.

Compiler's Notes.

P.L. 2021, ch. 214, § 1, and P.L. 2021, ch. 325, § 1 enacted identical versions of this section.