§ 45-12-22.3. Year-end deficits.
(a) 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.
(b) 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.
(c) 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.
Structure Rhode Island General Laws
Chapter 45-12 - Indebtedness of Towns and Cities
Section 45-12-1. - Payment of indebtedness.
Section 45-12-2. - Maximum aggregate indebtedness.
Section 45-12-2.1. - Ministerial approval.
Section 45-12-3. - Statements to accompany bills to general assembly to authorize indebtedness.
Section 45-12-4. - Borrowing in anticipation of taxes.
Section 45-12-4.1. - Borrowing where collection of taxes delayed or taxes refunded.
Section 45-12-4.2. - Borrowing in anticipation of federal or state grants.
Section 45-12-4.3. - Borrowing in anticipation of water and sewer tax and user charge revenue.
Section 45-12-4.4. - Borrowing in payment of certain judgments.
Section 45-12-4.5. - Relationship to charters.
Section 45-12-5. - Sale of evidences of indebtedness — Annual payments — Terms.
Section 45-12-5.1. - Callable bonds.
Section 45-12-5.2. - Issuance of refunding bonds to pay outstanding bonds.
Section 45-12-5.5. - Repealed.
Section 45-12-6. - Statutory bond authorizations construed as additional authority.
Section 45-12-7. - Sinking fund provisions construed as additions to general sinking fund.
Section 45-12-8. - Establishment of general sinking fund — Computation of payments to sinking fund.
Section 45-12-9. - Retirement of bonds in sinking fund.
Section 45-12-11. - Authority for issuance of indebtedness excess.
Section 45-12-12. - City and town boards to authorize duplicate bonds.
Section 45-12-13. - Repair or replacement of damaged bond or note.
Section 45-12-14. - Replacement of lost or destroyed bond or note — Bond to indemnify city or town.
Section 45-12-15. - Contractual debts unimpaired.
Section 45-12-16. - Interest rate.
Section 45-12-17. - Debt previously approved.
Section 45-12-18. - Bond anticipation notes.
Section 45-12-19. - Charter provisions as to referendum.
Section 45-12-20. - Issuance of bonds authorized by law approved by electors.
Section 45-12-21. - Powers of financial town meeting not affected.
Section 45-12-22.1. - Municipal deficits — Purpose.
Section 45-12-22.2. - Monitoring of financial operations — Corrective action.
Section 45-12-22.3. - Year-end deficits.
Section 45-12-22.5. - Unbudgeted expenditures.
Section 45-12-22.6. - Cooperation of school committees.
Section 45-12-22.7. - Enforcement and remedies.
Section 45-12-23. - Tax exemption.
Section 45-12-25. - Sale of bonds or notes at a discount.
Section 45-12-26. - Commercial agreements relating to registered bonds and notes.
Section 45-12-27. - Conflict between bond referendum provisions and bond expenditure provisions.
Section 45-12-28. - Permitted temporary investments for bond proceeds.
Section 45-12-30. - Securing of bonds or notes — Trust agreements.
Section 45-12-31. - Extinguishment of authorizations.
Section 45-12-33. - Borrowing for road and bridge, infrastructure, and school building projects.