§ 45-2-3.2. Availability of funds upon failure of city or town to approve annual appropriation.
(a) 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.
(b) 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;
(i) 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.
(ii) 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.
(c) 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.
(d) 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.
(e) 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.
Structure Rhode Island General Laws
Section 45-2-1. - Charters and special acts.
Section 45-2-2. - Power to tax property.
Section 45-2-2.1. - Tax compacts between municipalities.
Section 45-2-3. - Power to appropriate money.
Section 45-2-3.1. - Powers of certain towns.
Section 45-2-3.3. - Background checks.
Section 45-2-3.4. - Background checks.
Section 45-2-4. - Power to own property and make contracts.
Section 45-2-5. - Power to use, lease, or dispose of property no longer needed.
Section 45-2-5.1. - Westerly municipal land trust.
Section 45-2-5.2. - Prudence Island school foundation.
Section 45-2-6. - Lands given for specific use not subject to disposal.
Section 45-2-7. - Providence school land unaffected.
Section 45-2-8. - Ratification of prior conveyances.
Section 45-2-9. - Continuation in force of town and city laws.
Section 45-2-10. - Election and appointment of officers and agents.
Section 45-2-11. - Medical services for employees.
Section 45-2-12. - Town of New Shoreham may establish police court.
Section 45-2-13. - City of Pawtucket — Municipal police court — Municipal housing court.
Section 45-2-14. - City of Central Falls — Police court.
Section 45-2-15.2. - Municipal employees — Residency within municipality not required.
Section 45-2-16. - Naming of city or town constructions.
Section 45-2-17. - Regulation of liquefied natural gas facilities.
Section 45-2-18. - City of Providence — Establishment of department of public parks.
Section 45-2-19. - City of Warwick — Municipal court.
Section 45-2-20. - Town of Coventry — Establishment of a senior citizens’ board.
Section 45-2-21. - City of Cranston — Municipal court.
Section 45-2-22. - Arson prevention programs.
Section 45-2-24. - Town of Coventry — Municipal court.
Section 45-2-25. - City of Woonsocket — Municipal court.
Section 45-2-26. - Town of West Warwick — Municipal court.
Section 45-2-27. - City of Central Falls — Municipal court.
Section 45-2-28. - Charitable contributions.
Section 45-2-29. - Town of Westerly — Municipal court.
Section 45-2-30. - Town of Narragansett — Municipal court.
Section 45-2-31. - Registration of business name in the town of North Providence.
Section 45-2-31.1. - Business registration fee — Town of Johnston.
Section 45-2-31.2. - Business registration fee — Town of Warren.
Section 45-2-31.3. - Business registration fee — Town of Smithfield.
Section 45-2-31.4. - Business registration fee — Town of Richmond.
Section 45-2-31.5. - Town of Warren — Delegation of local licensing authority.
Section 45-2-32. - Town of Charlestown — Municipal court.
Section 45-2-33. - Additional substance abuse prevention assessment.
Section 45-2-34. - Town of Tiverton — Municipal court.
Section 45-2-35. - Town of New Shoreham — Landing fee.
Section 45-2-35.1. - City of Newport — Landing and boarding fees.
Section 45-2-35.2. - Town of Narragansett — Landing fee.
Section 45-2-36. - Town of Exeter — Tax assessor.
Section 45-2-37. - Town of Middletown — Municipal court.
Section 45-2-38. - City of East Providence — Municipal court.
Section 45-2-39. - Care and repair of stone walls.
Section 45-2-39.1. - Theft of historic stone walls.
Section 45-2-41. - Residency requirements — Generally.
Section 45-2-42. - Town of East Greenwich — Smoking prohibited in municipal buildings.
Section 45-2-43. - Right of way tree planting.
Section 45-2-44. - Town of Cumberland — Municipal court.
Section 45-2-45. - Town of Bristol — Municipal court.
Section 45-2-46. - Towns of Burrillville and North Smithfield — Municipal court.
Section 45-2-47. - Town of Warren — Municipal court — Municipal housing court.
Section 45-2-48. - Town of East Greenwich — Municipal court.
Section 45-2-49. - Town of Burrillville — Municipal court.
Section 45-2-50. - Town of Exeter — Municipal court.
Section 45-2-51. - [Repealed.]
Section 45-2-51.1. - Town of Lincoln — Municipal court — Municipal housing court.
Section 45-2-52. - Town of Jamestown — Municipal Court.
Section 45-2-53. - Town of North Kingstown — Fence viewer.
Section 45-2-54. - Regulation of excavating.
Section 45-2-55. - Town of North Kingstown — Municipal Court.
Section 45-2-56. - Town of Hopkinton — Municipal Court.
Section 45-2-57. - Town of Richmond — Noise pollution.
Section 45-2-58. - Town of Smithfield — Municipal court.
Section 45-2-59. - Town of North Smithfield — Municipal court.
Section 45-2-60. - City of Pawtucket — Licenses.
Section 45-2-61. - Town of Barrington — Municipal court.
Section 45-2-62. - [Repealed.]
Section 45-2-62.1. - Town of Portsmouth — Municipal court — Municipal housing court.
Section 45-2-63. - Town of Richmond — Municipal court.
Section 45-2-64. - Town of Coventry — Regulation of asphalt or continuous mixing facilities.
Section 45-2-65. - Right to counsel.
Section 45-2-66. - Ability to pay hearings.
Section 45-2-67. - Town of South Kingstown — Municipal court.