R.I. Gen. Laws tit. 45 | Title 45 — Towns and Cities

Chapter 45-1 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.

Chapter 45-2 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general assembly specially relating to it, until the charter or acts expire by their own limitation, or are revoked or repealed.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.

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

(a) 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.

(b) 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.

§ 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.

§ 45-2-3.1 Powers of certain towns.

(a) 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;

(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.

(b) It shall be the duty of the appropriate elected and appointed officials of any town to carry into effect any and all authorized appropriations.

(c) 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.

§ 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.

§ 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.

§ 45-2-3.4 Background checks.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

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

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

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

(a) 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.

(b) 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.

(c) 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]

§ 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.

§ 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.

(a) For purposes of this section, the definition of “liquefied natural gas” as stated in § 39-1-2 applies.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

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

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

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

(a) 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.

(b) 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).

(c) 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 municipal court may also order the destruction of any vehicle impounded in accordance with any ordinance enacted pursuant to § 31-12-12(c). 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; P.L. 2022, ch. 275, § 2, effective July 2, 2022; P.L. 2022, ch. 331, § 2, effective July 6, 2022.

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

(a) There is hereby created in the town of Coventry a senior citizens’ board.

(b) The senior citizens’ board is responsible for the administration of programs for senior citizens and the operation of senior citizens’ centers.

(c) 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.

(d) 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.

(e) The senior citizens’ board has the power to hire and fire its employees with exception of the director.

(f) A director is appointed by the town council from a list of three (3) names submitted by the senior citizens’ board.

(g) 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.

(a) 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.

(b) 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.

(c) 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]

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

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(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.

(c) 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.

(a) 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.

(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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) There shall be a fee for each registration. The registration fee shall be set by town council ordinance.

(c) 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.

(d) 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.

(e) 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.

(a) 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.

(b) There shall be a fee for each registration. The registration fee shall be set by town council ordinance.

(c) 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.

(d) 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.

(e) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

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

(a) 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.

(b) The town council shall have the authority to establish, by ordinance, a fee for registration not to exceed ten dollars ($10.00).

(c) 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.

(d) 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.

(e) 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.

§ 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.

§ 45-2-31.6 Business registration — Town of Cumberland.

(a) All sole proprietorships, partnerships, or any other form of business entity not filed at, or registered with, the secretary of state, shall register their business, company, trade, or office situated in the town of Cumberland with the town clerk of the town of Cumberland. 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 location of the business; the type of business to be conducted; and other basic information required by the town clerk.

(b) There shall be a fee of ten dollars ($10.00) for each registration.

(c) 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.

(e) 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 Cumberland 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. 2024, ch. 11, § 1, effective May 3, 2024; P.L. 2024, ch. 12, § 1, effective May 3, 2024.

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

(a) 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.

(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.

(c) 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.

(d) 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.

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

(a) 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.

(b) 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.

(c) 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:

(i) To restrain, prevent, enjoin, abate, or correct a violation;

(ii) To order the repair, vacation, or demolition of any dwelling existing in violation; or

(iii) 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 one dollar ($1.00) 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; P.L. 2025, ch. 125, § 1, effective June 25, 2025; P.L. 2025, ch. 126, § 1, effective June 25, 2025.

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

(a) The city of Newport is authorized to charge, assess, or otherwise collect from every cruise vessel landing in the city of Newport a landing fee of ten dollars ($10.00) per passenger and from every cruise vessel embarking from Newport, a boarding fee of ten dollars ($10.00) 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.

(b) The city council of the City of Newport shall promulgate rules and regulations to implement the provisions of this section.

(c) 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; P.L. 2024, ch. 358, § 1, effective June 26, 2024; P.L. 2024, ch. 359, § 1, effective June 26, 2024.

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

(a) The town of Narragansett is hereby authorized to charge, assess, or otherwise collect a one dollar ($1.00) 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 that 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.

(b) 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.

(c) From the funds collected between July 1, 2001, and May 31, 2002, one-third (⅓) 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.

(d) 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; P.L. 2022, ch. 89, § 1, effective June 17, 2022; P.L. 2022, ch. 90, § 1, effective June 17, 2022; P.L. 2025, ch. 216, § 1, effective June 26, 2025; P.L. 2025, ch. 217, § 1, effective June 26, 2025.

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

(a) 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

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(a) 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.

(b) 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.

(c) 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.

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

(a) 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.

(b) 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.

(c) 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.

§ 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.

(a) 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.

(b) 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]

§ 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.

(a) 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.

(b) “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.

(c) 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.

(a) 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.

(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.

(c) 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.

(a) 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.

(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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

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

(a) 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.

(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.

(c) 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.

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

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(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.

(c) 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.]

[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.

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

(a) 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.

(b) 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.

(c) 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

(d) 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.

(e) 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.

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

(a) 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.

(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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(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.

(c) 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.

(a) 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.

(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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(a) 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.

(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.

(d) 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.

§ 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.

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

(a) 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.

(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.

(c) 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.

(d) 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.

§ 45-2-62 [Repealed.]

[Repealed]

History of Section. P.L. 2013, ch. 98, § 1; P.L. 2013, ch. 108, § 1; repealed by P.L. 2022, ch. 95, § 1, effective June 17, 2022; repealed by P.L. 2022, ch. 96, § 1, effective June 17, 2022.

§ 45-2-62.1 Town of Portsmouth — Municipal court — Municipal housing court.

(a) The town council of the town of Portsmouth 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.

(b) The town council of the town of Portsmouth 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 (Rhode Island zoning enabling act of 1991); any violation of chapter 24.1 of this title (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 Portsmouth ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (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 Portsmouth 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.

(c) With respect to violations falling under the jurisdiction of the Portsmouth 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

(e) 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 of the town of Portsmouth 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 fines not in excess of five hundred dollars ($500) and is empowered to administer oaths; compel the attendance of witnesses; and punish persons for contempt.

History of Section. P.L. 2022, ch. 95, § 2, effective June 17, 2022; P.L. 2022, ch. 96, § 2, effective June 17, 2022.

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

(a) 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.

(b) 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.

(c) 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.

(d) 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.

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

(a) 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.

(b) 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.

(a) 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.

(b) 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.

§ 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.

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

(a) 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.

(b) 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.

(c) 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

(d) 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.

§ 45-2-68 Town of Foster — Municipal court.

(a) The town council of the town of Foster 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 Providence county superior court and be entitled in the latter court to a trial de novo.

(b) The town council of the town of Foster 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 (“Rhode Island zoning enabling act of 1991”); any violation of chapter 24.1 of this title (” historical area zoning”); any violation of chapter 24.2 of this title (“minimum housing standards”); any violation of chapter 24.3 of this title (“housing maintenance and occupancy code”); any violation of chapter 23 of this title (“development review act”); any violation of any local Foster ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (“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 Foster housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the Providence county superior court and be entitled in the latter court to a trial de novo.

(c) With respect to violations falling under the jurisdiction of the Foster 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

(e) The town council of the town of Foster is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Foster 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. 2024, ch. 180, § 1, effective June 20, 2024; P.L. 2024, ch. 181, § 1, effective June 20, 2024.

§ 45-2-69 Town of Johnston — Municipal court — Municipal housing court.

(a) Municipal court jurisdiction. The town council of the town of Johnston may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine cases 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 the conviction, file an appeal from the conviction to the superior court and be entitled, in the latter court, to a trial de novo.

(b) Municipal housing court jurisdiction.

(1) The town council of the town of Johnston 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 (“zoning ordinances”); any violation of chapter 24.1 of this title (“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 of land and occupancy code”); any violation of any local Johnston ordinance or regulation, enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (“state building code”); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-I 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 judgement, decree, or order of the Johnston 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.

(2) With respect to violations falling under the jurisdiction of the Johnston housing court, as outlined in subsection (b)(1) of this subsection, the town council may also confer upon the housing court, in furtherance of the court’s jurisdiction, the power to proceed according to equity:

(i) To restrain, prevent, enjoin, abate, or correct a violation;

(ii) To order the repair, vacation, or demolition of any dwelling existing in violation;

(iii) To otherwise compel compliance with all of the provisions of the ordinances and statutes; and

(iv) 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.

(c) Appointment of municipal court judge and housing court clerk. The town council of the town of Johnston is authorized and empowered to appoint a judge of the municipal court, who may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council of the town of Johnston 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.

(d) Operation, management, and powers of the municipal court and housing 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 fines not in excess of five hundred dollars ($500) and is empowered to administer oaths; compel the attendance of witnesses; and punish persons for contempt.

History of Section. P.L. 2024, ch. 451, § 2, effective June 29, 2024.

§ 45-2-70 Reimbursement of public safety training expenses.

(a) Any law enforcement agency, fire department, fire district, or emergency medical services organization within the state that hires a public safety employee (including law enforcement officers, firefighters, or emergency medical personnel) from another municipality or fire district within the state shall, upon hiring such personnel, reimburse the original employing municipality or fire district for the cost of training and equipping the employee, provided these costs were incurred within three (3) years of the employee’s hire.

(b) Reimbursable expenses shall include, but are not limited to:

(1) Costs for basic and specialized training programs;

(2) Uniforms, personal protective equipment, and other non-reusable items;

(3) Equipment and materials directly provided during the training period; and

(4) A prorated portion of the base salary and benefits paid during the training academy period.

(c) The reimbursing organization shall notify the original employing municipality or fire district within ten (10) days of the employee’s hire. The original employer shall provide an itemized statement of reimbursable costs within thirty (30) days of notification. Payment must be made within one hundred twenty (120) days of receipt of the itemized claim.

(d) Reimbursement percentages are determined based on the time elapsed since the completion of training:

(1) One hundred percent (100%) reimbursement for hires made within one year of training academy completion;

(2) Seventy-five percent (75%) reimbursement for hires between one and two (2) years after training academy completion;

(3) Fifty percent (50%) reimbursement for hires between two (2) and three (3) years after training academy completion.

(e) This section supersedes any conflicting municipal policies, resolutions, charter provisions or bylaws, or ordinances.

History of Section. P.L. 2025, ch. 62, § 1, effective June 13, 2025; P.L. 2025, ch. 63, § 1, effective June 13, 2025.

Chapter 45-3 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.

§ 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.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

§ 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.

§ 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.

§ 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.

§ 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 (½) to the use of the town, and one-half (½) 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 OF SC.

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”

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.

§ 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.

§ 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.

§ 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.

§ 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 (⅕) 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.

(a) 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.

(b) 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 45-4 Election and Qualification of Officers

§ 45-4-1 Officers to be elected.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 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.

§ 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.

§ 45-4-8 Repealed.

[Repealed]

§ 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.

§ 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.

§ 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.

§ 45-4-13 Bond of tax collectors.

(a) 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.

(b) 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.

§ 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.

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

(a) 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.

(b) 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.

§ 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.

(a) 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.

(b) 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.

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

(a) 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.

(b) 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.

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

(a) 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.

(b) 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.

Chapter 45-5 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 45-5-11 Burial lands and funds.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 45-5-12 Neglected burial grounds.

(a) 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.

(b) 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

§ 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.

(a) 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.

(b) 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 45-6 Ordinances

§ 45-6-1 Scope of ordinances permissible.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 45-6-2.1 Repealed.

[Repealed]

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

(a) 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.

(b) 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.

(a) 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.

(b) 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.

§ 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.

§ 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.

§ 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.

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

(a) 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.

(b) The ordinance may provide for the assessment of any fees, charges and assessments affiliated with the shut off and restoration of service.

(c) 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.

(a) 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.

(b) 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).

(c) No ordinance passed under this section shall take effect until sixty (60) days after its final passage.

(d) 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.

Chapter 45-6.1 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.

§ 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.

(a) 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.

(b) 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]

§ 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.

(a) 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.

(b) The North Smithfield police department shall establish hours and days during which fines may be paid in person.

(c) 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 45-7 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.

§ 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.

§ 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]

§ 45-7-6 Fees of clerk.

The fees of town clerks, and of other officers who perform the same duties, are as follows:

(a) For receiving and filing a certificate of attachment of real estate ......................................... $ .35

(b) For receiving and filing an account under the lien law ......................................... .35

(c) For recording every certificate of marriage ......................................... .25

(d) For recording every birth or death ......................................... .15

(e) For every certificate of the qualification of a voter ......................................... .25

(f) For drawing bond and license for keeping tavern ......................................... 1.00

(g) For allowing a discharge of a mortgage on the record ......................................... .50

(h) For receiving an appeal bond and filing it ......................................... .25

(i) For every warrant or citation ......................................... .75

(j) For receiving and filing every certificate of death ......................................... .15

(k) 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.

§ 45-7-7, 45-7-8. Repealed

§ 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 45-8 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.

§ 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.

§ 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.

§ 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 45-9 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.

§ 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:

(i) 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;

(ii) 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;

(iii) In replacement of motor vehicle and trailer excise taxes pursuant to chapter 34.1 of title 44;

(iv) From the public service corporation tax pursuant to chapter 13 of title 44;

(v) From the local meal and beverage tax pursuant to § 44-18-18.1 and the hotel tax pursuant to § 44-18-36.1; and

(vi) 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.

§ 45-9-3 Appointment and duties of fiscal overseer.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) All department budgets and requests for municipal or fire district budget transfers shall be submitted to the fiscal overseer for review and approval.

(f) 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.

(g) 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.

§ 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.

§ 45-9-5 Reports of fiscal overseer and appointment of budget and review commission.

(a) 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.

(b) 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.

(c) 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.

(d) A budget commission shall have all of the powers and duties set forth in §§ 45-9-3 and 45-9-6.

(e) 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.

(f) 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.

(g) 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.

§ 45-9-6 Composition of budget commission.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 45-9-7 Appointment of receiver.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

(m) 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(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.

§ 45-9-11 Expenditures in excess of appropriations prohibited.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 45-9-19 Expenditures by elected officials in excess of appropriations prohibited.

(a) 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.

(b) 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.

§ 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.

§ 45-9-21 Exemption from liability and prosecution.

(a) 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.

(b) 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.

§ 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.

§ 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.

Chapter 45-9.1 Warwick Public Schools Budget Commission.

§ 45-9.1-1 Declaration of policy and legal standard.

Pursuant to article XII of the Rhode Island constitution, it is the duty of the general assembly to promote public schools, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education. It shall be the policy of the state to provide a mechanism for the state to work with a city when its school district is undergoing financial distress that threatens the fiscal well-being, public safety, and welfare of such city and school district. 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 of Warwick, including the city’s school district, and in such manner as will best preserve the education and welfare of citizens of the state and the city of Warwick, including the city’s school district, all to the public benefit and good.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-2 Establishment.

(a) There is hereby created the Warwick public schools budget commission (hereinafter sometimes referred to as the “commission”).

(b) The Warwick public schools budget commission shall be subject to the provisions of chapter 2 of title 38 (“access to public records”), chapter 14 of title 36 (“code of ethics”), and chapter 46 of title 42 (“open meetings”).

(c) Notwithstanding any other provision of law to the contrary, action by the Warwick public schools budget commission under this chapter shall constitute action by the school district for all purposes under the general laws, under any special law, and under the Warwick city charter. References in this chapter to “school district” shall mean and include the Warwick school committee, the Warwick school department, the Warwick school district, and the Warwick local education agency.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-3 Composition.

The Warwick public schools budget commission shall consist of five (5) members: three (3) of whom shall be designees of the mayor with the advice and consent of the city council; one of whom shall be the designee of the Warwick superintendent of schools; and one of whom shall be the designee of the chair of the Warwick school committee. One of the mayoral designees shall serve as the chairperson by vote of the entire commission. No member of the commission shall be an appointor or a Warwick elected official. Any vacancy that occurs in the commission membership shall be filled in the same manner and process as which the person creating the vacancy was appointed.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-4 Authority — Powers — Duties.

(a) Subject to the provisions of § 45-9.1-6, during the term of the Warwick public schools budget commission, no appropriations, allocations, or expenditures for school purposes shall occur unless approved by the commission, or in the case of an emergency, by the city finance director only to the extent to cure such emergency. For purposes of this chapter, an emergency is defined as a pressing need for public expenditure, for other than a regular or recurring requirement, in order to protect the public health, safety, or welfare or otherwise avoid unnecessary cost and expense to the city or the school district.

(b) The Warwick public schools budget commission shall have the power to:

(1) Amend, formulate, and execute the annual school budget;

(2) Implement and maintain uniform budget guidelines and procedures for the school system as a whole;

(3) Amortize operational deficits in an amount as the city finance director approves and for a term not longer than five (5) years;

(4) Develop and maintain a uniform system for all financial planning for the Warwick school district;

(5) 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 city finance director;

(6) Adopt rules and regulations governing the operation and administration of the school district that permit the budget commission to effectively carry out its duties; and

(7) Compel operational, financial performance, or forensic audits, or any other similar assessments.

(c) Within one hundred twenty (120) days of being appointed, the Warwick public schools budget commission shall develop a three-year (3) operating and capital financial plan to achieve fiscal stability in the school district. The plan shall include a preliminary analysis of the school district’s financial situation and the Warwick public schools budget commission’s initial recommendations to immediately begin to address the operating and structural deficits.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-5 Expiration.

The Warwick public schools budget commission shall cease to exist upon completion of two (2) events as follows:

(1) Approval of the FY 2025-2026 Warwick school budget as recommended by the mayor and approved by the city council; and

(2) Adoption of a deficit reduction plan by the commission as approved by the auditor general.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-6 Exemptions.

Nothing in this chapter shall authorize the Warwick public schools budget commission to:

(1) Reject or alter any collective bargaining agreement or any obligations thereunder including, but not limited to, payment of wages and benefits;

(2) Eliminate or alter any rights or obligations, as provided in chapter 9.3 of title 28 (“certified school teachers’ arbitration”) or 9.4 of title 28 (“municipal employees’ arbitration”) including, but not limited to, the duty to bargain;

(3) Hire or terminate school department personnel; or

(4) Impact projects funded by bond proceeds or make any decisions related thereto, including, but not limited to, construction of new high schools.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-7 Conflicts with other laws.

Notwithstanding any general or special law to the contrary, unless otherwise specified, the provisions of this chapter shall supersede and shall control over any conflicting or inconsistent provisions of the Warwick city charter or ordinances, other laws, including general laws, special laws, or local laws, or of any rule or regulation of the state or the city including, but not limited to, title 16 and any state rule or regulation promulgated thereunder.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-8 Liberal construction.

This chapter, being necessary for the welfare of the state, the city of Warwick, and their inhabitants, shall be liberally construed in order to effectuate its purposes.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-9 Severability.

The provisions of this chapter 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. In carrying out the purposes and provisions of this chapter, all steps shall be taken that are necessary to meet constitutional requirements whether or not the steps are required by this chapter.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

§ 45-9.1-10 Exemption from liability and prosecution.

Notwithstanding any general or special law to the contrary, no budget commission member or any managerial, professional, or clerical staff hired, retained, or employed by the budget commission under this chapter shall have any civil liability for any actions taken or omitted in the course of performing their official duties.

History of Section. P.L. 2025, ch. 1, § 1, effective April 4, 2025; P.L. 2025, ch. 2, § 1, effective April 4, 2025.

Chapter 45-10 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.

§ 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(a) 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.

(b) 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.

(c) 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 45-11 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.

Chapter 45-12 Indebtedness of Towns and Cities

§ 45-12-1 Payment of indebtedness.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 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 [repealed]. 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.

§ 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.

§ 45-12-4.1 Borrowing where collection of taxes delayed or taxes refunded.

(a) 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.

(b) 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.

(a) 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, Middletown, and Warren 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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; P.L. 2024, ch. 111, § 1, effective June 15, 2024; P.L. 2024, ch. 112, § 1, effective June 15, 2024.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 45-12-5.1 Callable bonds.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) As used in this section, “bonds” includes notes, including notes in anticipation of bonds.

(h) 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.

(i) 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.

(a) 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.

(b) 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]

§ 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.

§ 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.

§ 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]

§ 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.

§ 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.

§ 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.

§ 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]

§ 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.

(a) 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.

(b) 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).

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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).

(h) 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.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

(m) 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.

§ 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.

§ 45-12-22.4 Deficit, pension and other post-employment benefit financing — Approval required.

(a) 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.

(b) 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.

§ 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.

§ 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]

§ 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.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 45-12-33 Borrowing for road and bridge, infrastructure, and school building projects.

(a)(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 infrastructure bank in accordance with chapter 18 of title 24. Beginning July 1, 2025, and thereafter, 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 infrastructure bank in accordance with chapter 18 of title 24 to provide a match to other state funding for an approved project from the municipal road and bridge revolving fund.

(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 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.

(b) 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.

(c) 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; P.L. 2025, ch. 278, art. 2, § 8, effective June 29, 2025.

Chapter 45-13 State Aid

§ 45-13-1 Apportionment of annual appropriation for state aid.

(a) 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.

(b) 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.

(c) 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.]

(d) 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).

(e) 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.

(f) 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.

§ 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

§ 45-13-5.1 General assembly appropriations in lieu of property tax from certain exempt private and state properties.

(a) In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education, the Pokanoket Management Group, a Rhode Island nonprofit corporation, trustee of the Pokanoket Tribe Land Trust, 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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).

(h) 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; P.L. 2025, ch. 467, § 2, effective December 31, 2025; P.L. 2025, ch. 468, § 2, effective December 31, 2025.

§ 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.

§ 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.

§ 45-13-8 Reports.

(a) 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.

(b) 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.

(c)(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.

(d) 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.

(e) 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.

§ 45-13-9 Reimbursement to cities and towns and school districts for the costs of state mandates.

(a)(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.

(b) 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.

(a) 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.

(b) 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.

(c) 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 (⅗) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) Payments. Payments shall be made to eligible communities each August.

(f) 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]

§ 45-13-14 Adjustments to tax levy, assessed value, and full value when computing state aid.

(a) 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, the director 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, 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;

(6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space Land; or

(7) Any property exempt from taxation, in whole or in part, under the provisions of subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, § 44-5.3-1, or any other provision of law that enables a city, town, or fire district to establish a tangible personal property exemption, which shall have its value calculated as the full value of the property minus the exemption amount.

(b) 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.

(c) Fire district tax levies within a city or town shall be included as part of the total levy attributable to that city or town.

(d) 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; P.L. 2022, ch. 231, art. 6, § 13, effective June 27, 2022; P.L. 2023, ch. 79, art. 4, § 9, effective June 16, 2023; P.L. 2023, ch. 327, § 2, effective June 24, 2023; P.L. 2023, ch. 328, § 2, effective June 24, 2023.

Chapter 45-13.1 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:

(i) Providing a forum for discussion of long-range state-local issues;

(ii) Promoting experimentation in intergovernmental processes, both state-local and inter-local;

(iii) Developing possible solutions, including reviewing and proposing legislative remedies, for state-local problems; and

(iv) 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:

(i) The existing, necessary, and desirable relationships between and among local governments, school districts, and the state;

(ii) 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;

(iii) The existing, necessary, and desirable allocation of state and local responsibilities and fiscal resources;

(iv) Emerging local problems and the role of the state government concerning them;

(v) 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;

(vi) 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);

(vii) Any constitutional amendments and statutory enactments required to implement proposals of the commission; and

(viii) 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.

(a) 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.

(b) The members of the commission shall elect a chairperson, a vice chairperson, and a secretary by a majority vote of the commission.

(c) 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.

(d) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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 45-13.2 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:

(a) The fiscal health of its municipalities is of paramount importance to the state of Rhode Island;

(b) Local municipalities in Rhode Island are facing ever-increasing costs for retirement related expenses;

(c) Retirement plans represent significant cost drivers for municipal budgets;

(d) Many municipalities currently have significantly under-funded retirement plans;

(e) These unfunded liabilities either jeopardize or threaten to jeopardize the fiscal stability of municipalities;

(f) Fiscal instability in a municipality adversely affects the state’s financial interests; and

(g) 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

Chapter 45-14 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.

§ 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.

§ 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.

§ 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.

§ 45-14-9 Town of Coventry — Installment payments.

The town of Coventry is hereby authorized to provide for the payment of sewer assessments in installment payments. The sewer assessments levied by the town of Coventry may be paid in as many as thirty (30) annual installments in accordance with the terms of the loan secured for sewer construction. In the case of installment payments, interest at a rate not to exceed a maximum rate of one and twenty-five hundredths percent (1.25%) above the average interest rate the town is charged on any loan used to fund the construction of the sewers shall be charged annually on the unbilled balance of the total sewer assessment. Such annual installment payments may be paid on a quarterly basis. Delinquent (penalty) interest shall be applied to the account if the annual installment payment is not received in full within a year. Delinquent interest shall be assessed in the same manner and at the same rate as established for the collection of real estate taxes. The unpaid balance of each sewer assessment shall bear interest at the rate determined by the town at the time of assessment; provided however, that the whole assessment against any parcel may be prepaid without interest at any time prior to the due date for the first installment payment. The unbilled balance of any sewer assessment, together with any outstanding annual installments and interest accrued to the date of payment, may be paid at any time.

History of Section. P.L. 2022, ch. 276, § 1, effective July 2, 2022; P.L. 2022, ch. 326, § 1, effective July 6, 2022.

Chapter 45-15 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 45-15-9 Notice of injury on highway or bridge — Commencement of action.

(a) 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.

(b) 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.

§ 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.

§ 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.

§ 45-15-12 Maximum recovery for personal injuries.

(a) 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).

(b) 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 (¾) of the value of the property so destroyed or three-fourths (¾) 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.

§ 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.

§ 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 45-16 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 45-16-4.4 [Repealed.]

[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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 45-16-12 Penalty for serving process after disqualification — Exemption from liability for refusal to serve.

(a) 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).

(b) 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.

§ 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.

§ 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.

Chapter 45-17 Auctioneers [Repealed.]

§ 45-17-1 — 45-17-13 Repealed.

[Repealed]

Chapter 45-18 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.

§ 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.

§ 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 45-19 Relief of Injured and Deceased Fire Fighters and Police Officers

§ 45-19-1 Salary payment during line of duty illness or injury.

(a)(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 their 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) A police officer or firefighter diagnosed with post-traumatic stress disorder (as described in the Diagnostic and Statistical Manual of Mental Disorders, current edition, published by the American Psychiatric Association) by an individual who holds the title of an independent licensed mental health professional with a master’s degree, related to the exposure of potentially traumatic events, resulting from their acting within the course of their employment or from the rendering of emergency assistance in the state of Rhode Island, at any occurrence involving the protection or the rescue of human life while off-duty, as set forth in subsection (h) of this section, shall be presumed to have sustained an injury in the line of duty, as that term is used in subsection (a)(1) of this section, unless the contrary is proven by a fair preponderance of the evidence that the post-traumatic stress injury/PTSD is not related to their job as a police officer or firefighter. The benefits provided for under this section shall not be extended to a police officer or firefighter, if their post-traumatic stress injury/PTSD diagnosis arises out of any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar adverse job actions.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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 case management procedures and dispute resolution by the workers’ compensation court, for all petitions filed on or after July 1, 2025, for the following benefit and disability determinations:

(1) The nature and status of disability of the injured employee;

(2) The nature and location of injury relative to the work incident;

(3) Maximum medical improvement (MMI), as it is defined under § 28-33-2(9);

(4) All issues of legal and/or medical causation; and

(5) The assignment of fees and costs pursuant to the provisions of § 28-35-32.

The court may, in its discretion, appoint an impartial medical examiner in accordance with § 28-33-35. The court shall hereby be empowered to enforce all of its orders, decrees, and consent agreements of the parties.

(g) In order to receive the benefits provided for under this section, a police officer or firefighter must prove to their employer that they 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.

(h) 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.

(i) 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 their 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 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 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.

(3)(i) 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.

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.

(ii) 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.

(4) 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; P.L. 2024, ch. 185, § 1, effective June 20, 2024; P.L. 2024, ch. 186, § 1, effective June 20, 2024; P.L. 2025, ch. 117, § 3, effective July 1, 2025; P.L. 2025, ch. 118, § 3, effective July 1, 2025.

§ 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.

§ 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.

§ 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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:

(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 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.

(a) 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.

(b) 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.

§ 45-19-4.2 Tuition to police officers disabled as a result of service.

(a) 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.

(b) 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.

(a) 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 (½) to the surviving child or children of such officer in equal shares and one-half (½) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(a) 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.

(b) 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.

(a) 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.

(b) The amount of the annuity shall, from time to time, be determined within the limits previously stated by the board.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

§ 45-19-12.1 Tuition to children of deceased or disabled fire fighters.

(a) 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.

(b) 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.

(c) 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.

§ 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.

(a) 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.

(b) 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.

(a) 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.

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, § 9½; 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.

§ 45-19-16.1 Presumption for heart disease and hypertension.

(a) Notwithstanding the provisions of any general or special law to the contrary, any firefighter or police officer, as defined in § 45-19-1, who is unable to perform the duties required thereof because of an impairment of health caused by heart disease, stroke, or hypertension is presumed to have suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and convincing evidence; and the firefighter or police officer shall be entitled to all benefits provided for in chapters 19, 21, 21.2, and 21.3 of this title.

(b) This presumption shall not apply to firefighters or police officers hired after July 1, 2025, in the following situations:

(1) If a physical examination was conducted at the time the firefighter or police officer was hired and the examination revealed that person was suffering from heart disease or hypertension.

(2) If the firefighter or police officer had regularly or habitually used tobacco products during the five (5) years prior to any diagnosis of heart disease or hypertension or suffering a stroke.

History of Section. P.L. 2023, ch. 360, § 1, effective June 27, 2023; P.L. 2023, ch. 361, § 1, effective June 27, 2023; P.L. 2025, ch. 440, § 1, effective July 3, 2025; P.L. 2025, ch. 441, § 1, effective July 3, 2025.

§ 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.

Chapter 45-19.1 Cancer Benefits for Fire Fighters

§ 45-19.1-1 Legislative findings.

(a) 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.

(b) 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.

§ 45-19.1-2 Definitions.

The following terms when used in this chapter have the following meanings:

(a) “Disability” means a condition of physical incapacity to perform any assigned duty or duties in the fire department.

(b) “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.

(c) “Firefighter” means an individual, paid or volunteer, who is a member of a fire department or a city, town, or fire district emergency medical services unit and is required to respond to alarms and performs emergency action.

(d) “Occupational cancer” means a cancer arising out of the person’s employment as a firefighter, 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; P.L. 2023, ch. 111, § 1, effective June 19, 2023; P.L. 2023, ch. 112, § 1, effective June 19, 2023.

§ 45-19.1-3 Occupational cancer disability for fire fighters.

(a) 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 their 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 they are 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.

(b) The provisions of this section apply retroactively in the case of any retired member of the fire department of any city or town.

(c) The provisions of this section shall apply to all fire fighters employed by any municipality notwithstanding contrary provisions of any special statute or public law pertaining to municipal pension benefits, any municipal charter, and/or any municipal ordinance.

History of Section. P.L. 1986, ch. 68, § 1; P.L. 1988, ch. 154, § 1; P.L. 1988, ch. 252, § 1; P.L. 2025, ch. 442, § 1, effective July 3, 2025; P.L. 2025, ch. 443, § 1, effective July 3, 2025.

§ 45-19.1-4 Conclusive presumption.

(a) 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.

(b) 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 the firefighter’s 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.

(c) The provisions of this section shall apply retroactively to all cancer-related illnesses, injuries, and disability claims pending on or after July 22, 2020.

(d) The provisions of this section shall apply to all firefighters employed by any municipality notwithstanding contrary provisions of any special statute or public law pertaining to municipal pension benefits, any municipal charter, and/or any municipal ordinance.

History of Section. P.L. 2020, ch. 62, § 1; P.L. 2020, ch. 69, § 1; P.L. 2025, ch. 442, § 1, effective July 3, 2025; P.L. 2025, ch. 443, § 1, effective July 3, 2025.

Chapter 45-20 Appeals from Police and Fire Departments

§ 45-20-1 Petition for judicial review of removal of firefighter.

(a) 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.

(b) 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.

(c) 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.

§ 45-20-1.1 Petition for judicial review of disciplinary action against police officers.

(a) 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.

(b) 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.

§ 45-20-2 Papers returned by department — Contents of writ — Decision.

(a) 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.

(b) 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.

(c) 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 45-21 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.

§ 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 the member’s 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:

(i) Both partners were at least eighteen (18) years of age and were mentally competent to contract;

(ii) Neither partner was married to anyone else;

(iii) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;

(iv) Partners resided together and had resided together for at least one year at the time of death; and

(v) Partners were financially interdependent as evidenced by at least two (2) of the following:

(A) Domestic partnership agreement or relationship contract;

(B) Joint mortgage or joint ownership of primary residence;

(C) Two (2) of: (I) Joint ownership of motor vehicle; (II) Joint checking account; (III) Joint credit account; (IV) Joint lease; and/or

(D) 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 their services, except as provided in § 45-21-14.1 [repealed]. 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.

(8)(a) “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(5)(a). 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. For members eligible to and who retire on or after July 1, 2024, “final compensation” means the average of the highest three (3) consecutive years of compensation within the total service when the final compensation was the highest.

(b) For members who become eligible to retire on or after July 1, 2012, if more than one half (½) 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 the member’s final compensation determined as of June 30, 2012.

(9) “Fiscal year” means the period beginning on July 1 in any year and ending on June 30 of the next succeeding year.

(10) “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 their 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 the member 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%).

(11) “Governing body” means any and all bodies empowered to appropriate monies for, and administer the operation of, the units as defined in subdivision (13) of this section.

(12) “Member” means any person included in the membership of the retirement system as provided in § 45-21-8.

(13) “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 [repealed], or any other municipal financed agency to which the retirement board has approved admission in the retirement system.

(14) “Participating municipality” means any municipality which has accepted this chapter, as provided in § 45-21-4.

(15) “Prior service” means service as a member rendered before the effective date of participation as defined in this section, certified on the member’s prior service certificate, and allowable as provided in § 45-21-15.

(16) “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.

(17) “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.

(18) “Retirement board” or “board” means the state retirement board created by chapter 8 of title 36.

(19) “Retirement system” means the “municipal employees’ retirement system of the state of Rhode Island” as defined in § 45-21-32.

(20) “Service” means service as an employee of a municipality of the state of Rhode Island as defined in subdivision (7).

(21) “Total service” means prior service as defined in subdivision (15) plus service rendered as a member on or after the effective date of participation.

(22) 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; P.L. 2024, ch. 117, art. 12, § 9, effective June 17, 2024.

§ 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.

(a) 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.

(b) 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.

§ 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.

(a) 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.

(b) 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.

§ 45-21-7 Liability of municipalities — Enforcement.

(a) 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.

(b) 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.

(c) 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.

§ 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:

(a) 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;

(b) 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

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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 who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, and any town of Middletown employees who are employed as full-time civilian dispatchers, hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, and any town of Middletown employees who are not affiliated with any recognized collective bargaining representative or union hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, 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. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire active members of the retirement system established by this chapter or who were previously active members of the retirement system established by this chapter shall remain as such active members or shall be reinstated as active members, as the case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown. Moreover, any town of Middletown employee who was at the time of hire an active member of the retirement system established by this chapter or who was previously an active member of the retirement system established by this chapter, but who was forced to become or remain an inactive member by virtue of their having been hired by the town of Middletown at a time when such was required by law, may (by December 31, 2022, and not thereafter) request in writing to be dis-enrolled from the town of Middletown’s defined contribution plan and to have their contributions refunded to them; to be reinstated as an active member of the retirement system established by this chapter; and to be allowed to purchase service credit for their service while participating in Middletown’s defined contribution plan (notwithstanding the preclusion provided above in this subsection), which request, if timely made, shall be allowed. To be clear, persons reinstated under the terms of this section as active members of the retirement system established by this chapter shall be reinstated only with such service credits, if any, as they may have earned or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise applicable to active members.

(k) 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, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, 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. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire active members of the retirement system established by this chapter or who were previously active members of the retirement system established by this chapter shall remain as such active members or shall be reinstated as active members, as the case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown. Moreover, any town of Middletown employee who was at the time of hire an active member of the retirement system established by this chapter or who was previously an active member of the retirement system established by this chapter, but who was forced to become or remain an inactive member by virtue of their having been hired by the town of Middletown at a time when such was required by law, may (by December 31, 2022, and not thereafter) request in writing to be disenrolled from the town of Middletown’s defined contribution plan and to have their contributions refunded to them; to be reinstated as an active member of the retirement system established by this chapter; and to be allowed to purchase service credit for their service while participating in Middletown’s defined contribution plan (notwithstanding the preclusion provided above in this subsection), which request, if timely made, shall be allowed. To be clear, persons reinstated under the terms of this section as active members of the retirement system established by this chapter shall be reinstated only with such service credits, if any, as they may have earned or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise applicable to active members.

( l ) 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.

(m) 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.

(n) 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.

(o) [Deleted by P.L. 2022, ch. 277, § 1 and P.L. 2022, ch. 327, § 1.]

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; P.L. 2022, ch. 277, § 1, effective July 2, 2022; P.L. 2022, ch. 327, § 1, effective July 6, 2022.

§ 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.

§ 45-21-9 Prior service credit of members joining by election — Purchase of credit for prior service.

(a) 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.

(b) 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.

§ 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.

§ 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.

(a) 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.

(b) 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.

[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.

§ 45-21-14.2 Leave of absence credits.

(a) 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.

(b) The retirement board fixes the time when and the conditions under which payments are made under this section.

(c) 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.

§ 45-21-15 Prior service certificate.

(a) 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.

(b) When membership ceases, the certificate is void.

(c) 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)(i) 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.

(ii) Effective July 1, 2012, the following shall apply to all members not eligible to retire prior to July 1, 2012:

(A) 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.

(B) 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;

(2) 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;

(3) 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:

| | | 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% |

(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:

(I) 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

(II) 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.

(i) Provided, however, a person who has ten (10) years service credit on or before June 16, 1991, is vested.

(ii) Furthermore, any past service credits purchased in accordance with § 45-21-62 are counted towards vesting.

(iii) 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.

(iv) 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.

(v) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

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.

§ 45-21-16.1 Repealed.

[Repealed]

§ 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.

§ 45-21-17 Service retirement allowance.

(a) 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 (37½) 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.

(b) 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.

(c) 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.

§ 45-21-17.1 Optional service retirement benefits — Applicability to members of city or town legislative bodies.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 45-21-19 Retirement for ordinary disability.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 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.

§ 45-21-21 Retirement for accidental disability.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

§ 45-21-24 Adjustment of disability allowances on return to work — Discontinuance for refusal to submit to examination.

(a) 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.

(b) 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.

§ 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 (½) 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 (½) 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.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(a) 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 (½) 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.

(b) This section does not apply to any person who elects the social security supplemental option related in § 45-21-17.2.

(c) This section is exempt from the provisions of §§ 45-13-6 — 45-13-10.

(d) 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.

§ 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.

§ 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.

§ 45-21-36 Clerical and professional assistance — Appropriations and disbursements.

(a) 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.

(b) 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.

§ 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.

(a) 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.

(b) 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.

(c) 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.

§ 45-21-41.1 Municipality payment of member contributions.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 45-21-42 Contributions by municipalities.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 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.

(a) 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.

(i) 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.

(ii) 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.

(i) 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.

(ii) 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.

(b) All payments on account of any retirement allowance or any benefit to a beneficiary of a member are charged to this reserve.

(c) 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.

(d) 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.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 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.

§ 45-21-48 — 45-21-50 Repealed.

[Repealed]

§ 45-21-51 Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

§ 45-21-52 Automatic increase in service retirement allowance.

(a) 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 (1.5%) 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 (1.5%) 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.

(b) 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.

(c) This subsection (c) shall be effective for the period July 1, 2012, through June 30, 2015.

(1) Notwithstanding any other subsections of this section, and subject to subsection (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 subsection (c)(2) below, the benefit adjustment provided by this subsection (c)(1) shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches their Social Security retirement age, whichever is later; or for municipal police and fire retiring under the provisions of chapter 21.2 of this title, the benefit adjustment provided by this subsection (c)(1) 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 subsection (c)(3) the benefit adjustments provided under this section for any plan year shall be reduced to twenty-five percent (25%) of the benefit adjustment 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 (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 subsection (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 subsection (c)(1) above until the municipal plan’s Funded Ratio exceeds eighty percent (80%).

(d) This subsection (d) shall become effective July 1, 2015.

(1)(A) As soon as administratively reasonable following the enactment into law of this subsection (d)(1)(A), 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.

(B) 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 subsection (d)(2) below, shall be equal to (I) multiplied by (II):

(I) shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:

(i) 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.

(ii) 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%).

(II) 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 (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 their 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 subsection (d)(1)(B) 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 subsection (d)(1)(B) 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).

(2) Except for municipal employees and/or beneficiaries of municipal employees who retired on or before June 30, 2012, the benefit adjustments under subsection (d)(1)(B) for any plan year shall be reduced to twenty-five percent (25%) of the benefit adjustment 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. Effective July 1, 2024, the funded ratio for each municipal plan within the municipal employees’ retirement system, calculated by the system’s actuary, of equal to or greater than eighty percent (80%) for the benefit adjustment to be reinstated for all members for such plan year shall be replaced with seventy-five percent (75%).

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.

(3) Effective for members and/or beneficiaries of members who retired after June 30, 2012, or on or before June 30, 2015, the dollar amount in (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%). Effective July 1, 2024, the funded ratio for each municipal plan within the municipal employees’ retirement system, calculated by the system’s actuary, of exceeding eighty percent (80%) for the benefit adjustment to be reinstated for all members for such plan year shall be replaced with seventy-five percent (75%).

(e) 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.

(f) 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.

(g) 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.

(h) 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; P.L. 2023, ch. 79, art. 12, § 3, effective January 1, 2024; P.L. 2024, ch. 117, art. 12, § 9, effective June 17, 2024.

§ 45-21-53 Armed service credit.

(a) 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.

(b) 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.

(c) 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.

§ 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. This seventy-five-day (75) rule shall not apply to police officers, as defined in § 28-9.2-3, for the purposes of their working private details, paid for by a nongovernmental entity. If the retired member continues in service beyond the seventy-five-day (75) period (with his or her 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; P.L. 2022, ch. 182, § 1, effective June 27, 2022; P.L. 2022, ch. 183, § 1, effective June 27, 2022.

§ 45-21-54.1 [Expired.]

History of Section. P.L. 2022, ch. 7, § 3, effective March 28, 2022; P.L. 2022, ch. 8, § 3, effective March 28, 2022.

§ 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.

(a) 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.

(b) The retirement board shall fix and determine rules and regulations to govern the provisions of this section.

(c) 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.

§ 45-21-58 Credits for layoffs.

(a) 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.

(b) 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.

§ 45-21-59 Effect of deferral and/or reduction of salary.

(a) 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).

(b)(1) For purposes of subsection (a), reduction of salary means:

(i) 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

(ii) 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.

(c) 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.

§ 45-21-60 Pensioners and beneficiaries of Plan No. 3023 — Town of North Kingstown.

(a) 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%).

| | 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% |

(b) The additional percentage is incorporated into the recipients’ monthly benefit retroactive to July 1, 1990.

(c) The provisions of this section are not applicable to any employees who retired under the provisions of chapter 21.2 of this title.

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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) Any OPEB trusts that have been created by municipalities and are in effect on the date hereof are hereby ratified and confirmed.

(g) 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.

§ 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.

§ 45-21-67 Central Falls retirees — Settlement agreement.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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).

( l ) 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.

Chapter 45-21.1 Municipal Fire Fighters’ Pensions

§ 45-21.1-1 Benefits.

(a) 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.

(b) 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 45-21.2 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.

§ 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). For members eligible to and who retire on or after July 1, 2024, “final compensation” means the average of the highest three (3) consecutive years of compensation within the total service when the final compensation was the highest. 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; P.L. 2024, ch. 117, art. 12, § 10, effective June 17, 2024.

§ 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.

§ 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.

§ 45-21.2-5 Retirement on service allowance.

(a) 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.

(b) 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:

(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.

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.

§ 45-21.2-5.1 Retirement credits for layoffs.

(a) 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.

(b) 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.

(c) 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.

§ 45-21.2-6 Service retirement allowance.

(a) 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.

(b) 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 (½) 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.

(c) 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.

§ 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.

§ 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.

§ 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.

§ 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.

(a) 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.

(b) 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.

(c) “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.

(d) 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.

(e) 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.

(f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to perform their duties by reason of post-traumatic stress injury/PTSD as set forth in § 45-19-1(a)(2) is entitled to receive an accidental disability retirement allowance and the police officer or firefighter is entitled to all of the benefits provided for in this chapter (including the presumption set forth in § 45-19-1(a)(2)), chapters 19, 19.1, and 21 of this title, and chapter 10 of title 36 if the firefighter is employed by the state.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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”).

(l) 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 (66⅔%) of the rate of the member’s compensation at the date of the member’s retirement, subject to the provisions of § 45-21-31.

(m) If the court determines that a member does not qualify for accidental disability retirement, and after all appeals have been exhausted by the member (i.e., appeals to the workers’ compensation appellate division and the Rhode Island supreme court), said member shall have twenty (20) days within which to either:

(1) File an application for ordinary disability retirement pursuant to § 45-21.2-7; however, if the member does not have the requisite time on the job to file such application, then the participating municipality shall continue to consider the member injured on duty pursuant to § 45-19-1 until such time that the member has the necessary time on the job to file the application for an ordinary disability retirement; or

(2) File an application for a service retirement pursuant to § 45-21.2-5; or

(3) Return to duty provided the member has received medical clearance to perform those duties.

Nothing in this subsection shall prohibit the member from making an agreement with the member’s participating municipality as to what options and benefits the member may be entitled to in lieu of the options and benefits set forth in this subsection. In addition, nothing in this subsection shall prohibit the member’s bargaining unit and participating municipality from entering into a collective bargaining agreement that addresses the issues in this subsection.

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; P.L. 2024, ch. 185, § 2, effective June 20, 2024; P.L. 2024, ch. 186, § 2, effective June 20, 2024; P.L. 2025, ch. 427, art. 2, § 15, effective July 2, 2025.

§ 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.

§ 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 (½) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) Deductions are made in accordance with § 45-21-14 and credited in accordance with § 45-21-43.

(c) 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.

(d) 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.

(e) 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).

(f) 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.

§ 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.

§ 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.

§ 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.

§ 45-21.2-20 Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 45-21.2-22 Optional twenty year retirement on service allowance.

(a) 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.

(b) 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.

§ 45-21.2-22.1 Burrillville police — Optional twenty-year retirement on service allowance.

(a) 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.

(b) 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.

§ 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.

Chapter 45-21.3 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 (67½%) 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 45-21.4 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.

§ 45-21.4-2 Alternative acceptance by the city of Central Falls of optional retirement for police and firefighters.

(a) 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.”

(b) 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.

(c) Effective August 31, 2019, the Central Falls plan shall be closed to new members.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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).

(j) 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.

(k) 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.

(l) 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.

(a) The provisions of this section shall apply only to locally administered plans within the city of Central Falls.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(a) 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.

(b) 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 45-21.5 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.

§ 45-21.5-2 Alternative acceptance by the town of West Warwick for West Warwick school and municipal employees.

(a) 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.”

(b) 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.

(c) The West Warwick plan, excluding police and fire, shall be closed to new members on August 31, 2021.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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).

(j) 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.

(k) 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.

( l ) 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.

(a) The provisions of this section shall apply only to the locally-administered plan, excluding police and fire, within the town of West Warwick.

(b)(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.

(c)(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.

(d) 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.

(e) 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.

(f) 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.

(a) 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.”

(b) 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.

(c) The West Warwick plan for police and fire shall be closed to new members on August 31, 2021.

(d) 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.

(e) 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(g) through (k).

(f) 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.

(g) 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.

(h) 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.

(i) 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).

(j) 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.

(k) 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.

( l ) 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.

(a) The provisions of this section shall apply only to the locally-administered plan for police and fire within the town of West Warwick.

(b)(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.

(c)(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.

(e) 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.

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 45-22 Local Planning Board or Commission

§ 45-22-1 Establishment of a planning board or commission — Home rule charter exempt.

(a) 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 that 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.

(b) Notwithstanding any other provision of the general laws, public laws, or any special law to the contrary regarding the same, including any home rule charter provision, a city or town may establish, by ordinance, a combined review board pursuant to the provisions of § 45-24-56.1 which shall have the authority, powers, requirements, and duties set forth in this chapter, as well as in chapter 23 of this title, and chapter 24 of this title of a “planning board or commission” and “zoning board.”

History of Section. P.L. 1972, ch. 204, § 2; P.L. 2024, ch. 288, § 1, effective January 1, 2025; P.L. 2024, ch. 289, § 1, effective January 1, 2025.

§ 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.

(a) Unless the local ordinances allow for a combined review board as set forth in §§ 45-22-1 and 45-24-56.1, a municipality shall provide for the creation of a planning board or commission and the appointment of its members, including alternate members, pursuant to § 45-22-2, and for the organization of such board or commission. The board or commission shall consist of no less than five (5) members and up to two (2) alternates, and appointments shall be made for terms of such length that the terms of no more than one third (⅓) 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.

(b) 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.

(c) [Deleted by P.L. 2024, ch. 288, § 1 and P.L. 2024, ch. 289, § 1.]

(d) [Deleted by P.L. 2024, ch. 288, § 1 and P.L. 2024, ch. 289, § 1.]

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; P.L. 2024, ch. 288, § 1, effective January 1, 2025; P.L. 2024, ch. 289, § 1, effective January 1, 2025.

§ 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.

(a) 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.

(b) 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.

(c) 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]

§ 45-22-7 Powers and duties of a planning board or commission.

(a) 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 this title.

(b) 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.

(c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 or 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 or development plan review.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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 pursuant to chapter 70 of this title entitled “Continuing education for local planning and zoning boards and historic district commissions” which requires annual continuing education and biennial education components.

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; P.L. 2022, ch. 142, § 1, effective January 1, 2023; P.L. 2022, ch. 143, § 1, effective January 1, 2023; P.L. 2025, ch. 258, § 1, effective June 27, 2025; P.L. 2025, ch. 289, § 1, effective June 27, 2025.

§ 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 45-22.1 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.

§ 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.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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 45-22.2 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.

(a) 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.

(b) 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.

§ 45-22.2-3 Legislative findings and intent — Statement of goals.

(a) 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.

(b) 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.

(c) 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.

§ 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.

§ 45-22.2-5 Formulation of comprehensive plans by cities and towns.

(a) 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.

(b) 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.

(c) Each municipality shall ensure that its zoning ordinance and map are consistent with its comprehensive plan.

(d) 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.

§ 45-22.2-6 Required content of a comprehensive plan.

(a) Except as set forth herein, the comprehensive plan must utilize a minimum twenty-year (20) planning timeframe in considering forecasts, goals, and policies.

(b) 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 subsections (b)(1) — (b)(10) may be organized and presented as deemed suitable and appropriate by the municipality. The content described in subsections (b)(11) and (b)(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:

(i) Existing conditions:

(A) Land use, including the range of residential housing densities;

(B) Zoning;

(C) Key infrastructure such as, but not limited to: roads, public water, and sewer;

(D) Service areas for public water and sewer;

(E) Historical and cultural resource areas and sites;

(F) Open space and conservation areas (public and private); and

(G) Natural resources such as, but not limited to: surface water, wetlands, floodplains, soils, and agricultural land;

(ii) Future land use illustrating the desired patterns of development, density, and conservation as defined by the comprehensive plan; and

(iii) 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, as well as specific goals, implementation actions, and time frames for development of low- and moderate-income housing, as defined in § 45-53-3.

(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, but in no event shall it take longer than eighteen (18) months for a zoning map to be brought into compliance with the future land use map. The future land use map in a valid comprehensive plan updated in accordance with this chapter shall govern all local municipal land use decisions.

(12) Implementation program.

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

(v) The implementation program shall contain a concise strategic plan that details the actions to be taken annually to achieve the goals and policies of the plan. The strategic plan shall be reviewed annually by a municipality and the annual review shall be accomplished in the following manner: a municipal planning department shall submit a report to the municipal planning board for the board’s review, comment, and findings. The planning board shall submit to the respective city or town council a report summarizing the status of the implementation of the strategic plan which report shall be reviewed by the city or town council at a public meeting.

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; P.L. 2023, ch. 314, § 1, effective March 1, 2024; P.L. 2023, ch. 315, § 1, effective March 1, 2024.

§ 45-22.2-7 Coordination of municipal planning activities.

(a) A municipality shall exercise its planning authority over the total land and inland water area within its jurisdiction.

(b) 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.

(c) 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.

(d) 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.

(a) 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 22 of this title, 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 that choose to conduct joint planning and regulatory programs pursuant to this section shall designate and establish a local planning committee that has responsibility for the comprehensive planning program.

(3) The conduct of the planning board, commission, or the local planning committee shall include:

(i) Preparation of the comprehensive plan, including the implementation program component.

(ii) Citizen participation through the dissemination of information to the public and solicitation of both written and oral comments during the preparation of the plan.

(iii) Conducting a minimum of one public hearing.

(iv) 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.

(b) 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, changes to this act, or changes which allow for an increase in new housing units shall not be included under this provision.

(c) 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 local 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. The same notice shall be posted in the town or city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. The notice shall be mailed to the statewide planning program of the department of administration at least fourteen (14) days prior to the hearing. The notice shall:

(i) Specify the place of the hearing and the date and time of its commencement;

(ii) Indicate that adoption of, or amendment to, the comprehensive plan is under consideration;

(iii) 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;

(iv) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

(v) 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; P.L. 2023, ch. 316, § 1, effective June 24, 2023; P.L. 2023, ch. 317, § 1, effective June 24, 2023; P.L. 2025, ch. 258, § 2, effective June 27, 2025; P.L. 2025, ch. 289, § 2, effective June 27, 2025.

§ 45-22.2-9 State review of local comprehensive plans.

(a) 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.

(b) 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.

(c) 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:

(i) 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

(ii) 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).

(iii) 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.

(iv) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

§ 45-22.2-9.1 Appeals.

(a) 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.

(b) 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.

(c) 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.

§ 45-22.2-10 Coordination of state agencies.

(a) 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.

(b) 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.

(c) The state planning council shall adopt and maintain all rules and regulations necessary to implement the standards established by this chapter.

(d) 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.

(e) 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.

(f) The chief shall notify appropriate state agencies of the approval of a comprehensive plan or amendment to a comprehensive plan.

(g) 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.

§ 45-22.2-11 State technical and financial assistance.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 45-22.2-12 Maintaining and re-adopting the plan.

(a) 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.

(b) 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-year (20) planning timeframe in considering forecasts, goals, and policies must be utilized for an update. If a municipality fails to fully update and re-adopt its comprehensive plan within twelve (12) years from the date of the previous plan’s adoption, such municipality shall not be able to utilize the comprehensive plan as a basis for denial of a municipal land use decision.

(c) A newly adopted plan shall supersede all previous versions.

(d) 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; P.L. 2023, ch. 314, § 1, effective March 1, 2024; P.L. 2023, ch. 315, § 1, effective March 1, 2024.

§ 45-22.2-13 Compliance and implementation.

(a) The municipality is responsible for the administration and enforcement of the plan.

(b) All municipal land use decisions shall be in conformance with the locally adopted municipal comprehensive plan subject to § 45-22.2-12(b).

(c) 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. Except with respect to comprehensive plans that have failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), 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.

(d) Limitations on land use applications, review, and approvals may be imposed according to only the following provisions:

(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing reasonable 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. If such limitation is applied to residential building permits, the limitation must be vital to protecting public health and welfare and it must be demonstrated that there is no other means available to protect public health and welfare given the need for additional housing units in the community. No such limitation shall be applicable to applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be developed under inclusionary zoning.

(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, but in no event shall such limitation be in place longer than one hundred twenty (120) days.

(e) 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:

(i) The purpose of the moratorium;

(ii) The date it shall take effect and the date it shall end;

(iii) The area covered by the moratorium; and

(iv) 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.

(f) A moratorium enacted under the provisions of subsection (e) of this section shall not apply to state agencies until such time that the municipal comprehensive plan receives approval from the chief or superior court.

(g) For a moratorium enacted under the provisions of subsection (e) of this section, 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) of this section.

(h) For any moratorium related to the submission, review, or approval of any land use application for residential housing development, other than that covered by subsection (e) of this section, such moratorium must be vital to protecting public health and welfare and it must be demonstrated that there is no other means available to protect public health and welfare given the need for additional housing units in the community. No such limitation shall be applicable to applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be posted on the municipal website for the fourteen (14) days in advance of the hearing on the same. A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A moratorium under this provision must include a vesting provision that vests all applications that are substantially complete at the time of the enactment of the moratorium.

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; P.L. 2023, ch. 314, § 1, effective March 1, 2024; P.L. 2023, ch. 315, § 1, effective March 1, 2024; P.L. 2024, ch. 300, § 1, effective June 25, 2024; P.L. 2024, ch. 301, § 1, effective June 25, 2024.

§ 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 45-22.3 State Comprehensive Plan Appeals Board

§ 45-22.3-1 Repealed.

[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.

§ 45-22.3-2 Repealed.

[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.

§ 45-22.3-3 Repealed.

[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.

§ 45-22.3-4 Repealed.

[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.

§ 45-22.3-5 Repealed.

[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.

§ 45-22.3-6 Repealed.

[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.

§ 45-22.3-7 Repealed.

[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.

§ 45-22.3-8 Repealed.

[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.

Chapter 45-22.4 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.

(a) 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.

(b) 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.

(c) 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:

(i) Water supply production, treatment, storage, and distribution facilities;

(ii) Wastewater and solid waste collection, treatment, and disposal facilities;

(iii) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and local components of state and federal highways;

(iv) Storm water collection, retention, detention, treatment, and disposal facilities, flood control facilities, bank and shore projections, and enhancement improvements;

(v) Parks, open space areas, and recreation facilities;

(vi) Police, emergency medical, rescue, and fire protection facilities;

(vii) Public schools and libraries; and

(viii) 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.

(a) 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.

(b) The data sources and methodology upon which needs assessments and impact fees are based shall be made available to the public upon request.

(c) 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.

(d) 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:

(i) 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

(ii) 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.

§ 45-22.4-5 Collection and expenditure of impact fees.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 45-22.4-6 Refund of impact fees.

(a) 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.

(b) 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.

§ 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.

§ 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 45-23 Subdivision of Land

§ 45-23-1 — 45-23-24 Repealed.

[Repealed]

§ 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.

§ 45-23-26 Requirement in all municipalities.

(a) 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.

(b) 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.

(a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable to all applications under this chapter.

(b) Plats required.

(1) All activity defined as a 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024.

§ 45-23-28 Continuation of ordinances — Supersession — Relation to other statutes.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(a) 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.

(b) 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.

(c) 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.

§ 45-23-31 Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.

(a) 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.

(b) 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 in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling in all local ordinances, regulations, and rules created under this chapter. In addition, the following words and phrases have the following meanings:

(1) Administrative officer. The municipal official(s) designated by the local regulations to administer the land development and subdivision regulations to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff, and state agencies as set forth herein. The administrative officer may be a member, or the chair, of the planning board, an employee of the municipal planning or zoning departments, or an appointed official of the municipality. See § 45-23-55.

(2) Board of appeal. The local review authority for appeals of actions of the administrative officer, which shall be the local zoning board of review constituted as the board of appeal. See § 45-23-57.

(3) Bond. See improvement guarantee.

(4) 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(a)(4).

(5) 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 review process.

(6) 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.

(7) 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.

(8) Dedication, fee-in-lieu-of. Payments of cash that 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.

(9) Development plan review. Design or site plan review of a development of a permitted use. A municipality may utilize development plan review under limited circumstances to encourage development to comply with design and/or performance standards of the community under specific and objective guidelines, for the following categories of developments:

(i) A change in use at the property where no extensive construction of improvements is sought;

(ii) An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought;

(iii) An adaptive reuse project located in a residential zone that results in less than nine (9) residential units;

(iv) Development in a designated urban or growth center; or

(v) Institutional development for educational or hospital facilities.

(vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.]

(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 or a formal development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50.

(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 that 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) Land development project. A project in which one or more lots, tracts, or parcels of land or a portion thereof 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. The local regulations shall include all requirements, procedures, and standards necessary for proper review and approval of land development projects to ensure consistency with this chapter and the Rhode Island zoning enabling act.

(i) Minor land development project . A land development project involving any one of the following categories which has not otherwise been specifically designated by local ordinance as development plan review:

(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, manufacturing, or industrial development, or less; or

(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand (10,000) square feet for commercial, manufacturing, or industrial structures; or

(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand five hundred (2,500) gross square feet of commercial space or less; or

(D) Multi-family residential or residential condominium development of nine (9) units or less; or

(E) Change in use at the property where no extensive construction of improvements is sought; or

(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; or

(G) An adaptive reuse project located in a residential zone that results in less than nine (9) residential units.

A community can increase but not decrease the thresholds for minor land development set forth above if specifically set forth in the local ordinance and/or regulations. The process by which minor land development projects are reviewed by the local planning board, commission, technical review committee, and/or administrative officer is set forth in § 45-23-38.

(ii) Major land development project. A land development project that exceeds the thresholds for a minor land development project as set forth in this section and local ordinance or regulation. The process by which major land development projects are reviewed by the local planning board, commission, technical review committee, or administrative officer is set forth in § 45-23-39.

(20) 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 to be understood as the land development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to this chapter.

(21) Maintenance guarantee. Any security instrument that 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.

(22) 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 only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held. See § 45-23-39.

(23) Modification of requirements. See § 45-23-62.

(24) 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.

(25) 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.

(26) Permitting authority. The local agency of government, meaning any board, commission, or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

(27) 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.

(28) 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.

(29) Planning board. The official planning agency of a municipality, whether designated as the plan commission, planning commission, plan board, or as otherwise known.

(30) 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.

(31) Pre-application conference. An initial meeting between developers and municipal representatives that 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.

(32) Preliminary plan. A required stage of land development and subdivision review that generally requires detailed engineered drawings. See § 45-23-39.

(33) Public hearing . A hearing before the planning board that is duly noticed in accordance with § 45-23-42 and that allows public comment. A public hearing is not required for an application or stage of approval unless otherwise stated in this chapter.

(34) 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.

(35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface of the ground.

(36) 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.

(37) Storm water retention. A provision for storage of storm water runoff.

(38) 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.

(39) 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.

(40) 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.

(41) 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.

(42) 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.

(43) 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.

(44) Street, public. All public property reserved or dedicated for street traffic.

(45) Street, stub. A portion of a street reserved to provide access to future development, which may provide for utility connections.

(46) Street classification. A method of roadway organization that 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:

(i) 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.

(ii) 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.

(iii) Local. Streets whose primary function is to provide access to abutting properties.

(47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (ii) 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 (iii) 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.

(48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines is considered a subdivision.

(i) Administrative subdivision. Subdivision of existing lots that yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process by which an administrative officer or municipal planning board or commission reviews any subdivision qualifying for this review is set forth in § 45-23-37.

(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots and a subdivision creating ten (10) or more buildable lots on an existing improved public street. The process by which a municipal planning board, commission, technical review committee, and/or administrative officer reviews a minor subdivision is set forth in § 45-23-38. Minor subdivisions shall include oversized lot subdivisions. Oversized lot subdivision — Subdivision of an existing lot:

(A) Which results in the creation of a vacant lot or lots for residential use; and

(B) Which resulting vacant residential lots are equal to or greater in lot area than the lot area of at least fifty percent (50%) of the developed residential lots within two hundred feet (200′) of the lot proposed for subdivision, as confirmed by a professional land surveyor based on a compilation plan, as such term is defined by the rules and regulations for professional land surveying; and

(C) Which resulting residential lots have access to available sewer and water, or have demonstrated the ability to drill a private well meeting state standards if no public water is available and/or the suitability and setbacks required for an on-site wastewater treatment system, where no public sewer is available; and

(D) The resulting lots are not less than three thousand square feet (3,000 ft2) in lot size for each.

A lot, qualifying for this type of subdivision shall be reviewed under the requirements and procedures set forth in § 45-23-38, but shall not require zoning relief solely based on the resulting reduced lot area of the newly created lots. The resulting subdivided lots shall have the benefit of reduced requirements as set forth in § 45-24-38, and/or are eligible for the processes set forth in § 45-24-46, as applicable.

(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots where a street extension or street creation is required. The process by which a municipal planning board or commission reviews any subdivision qualifying for this review under § 45-23-39.

(49) Technical review committee. A committee or committees appointed by the municipality for the purpose of reviewing, commenting, approving, and/or making recommendations to the planning board or administrative officer, as set forth in this chapter.

(50) 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.

(51) 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.

(52) 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 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 [Repealed.]

[Repealed]

History of Section. P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-35 General provisions — Pre-application meetings and concept review.

(a) One or more pre-application meetings may be held for all major land development or subdivision applications at the request of the applicant. Pre-application meetings may be held for administrative and minor applications, upon request of 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 45-23-36 General provisions — Authority and application for development and certification of completeness.

(a) Authority. Municipalities shall provide for the submission and approval of land development projects and subdivisions, as such terms are defined in the Rhode Island Zoning Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which shall be consistent with the requirements of this chapter. The local regulations must include all requirements, procedures, and standards necessary for proper review and approval of applications made under this chapter 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.

(b) Classification. In accordance with this chapter, the administrative officer shall advise the applicant as to which category of approval is required for a project. An applicant shall not be required to obtain both land development and development plan review, for the same project. The following categories of applications, as defined in this chapter, may be filed:

(1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision;

(2) Land development projects. Minor land development or major land development; and

(3) Development plan review.

(c) Certification of a complete application. An application shall initially be reviewed by the administrative officer solely for the purpose to determine whether the application lacks information required for the respective applications type as specified in the local checklist, and whether the applicant lacks items or information which was required as a condition of a previous approval stage(s) for the same project. 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. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification timeframes and requirements. An application shall not be deemed incomplete for reasons other than the failure to supply an item or items listed on the applicable checklist.

(d) Notwithstanding other provisions 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.

(e) 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 45-23-36.1 Electronic permitting.

(a) On or before October 1, 2025, every municipality in the state shall adopt and implement one electronic permitting platform established pursuant to § 23-27.3-108.2 to utilize for all development applications filed under this chapter. For purposes of this section, “electronic permitting” means use of computer-based tools and services that automate and streamline the application process to include, but not be limited to, task-specific tools for: applications; submission of plans; completed checklists and checklist documents; reports; plan review; permitting; scheduling; certificates of completeness and incompleteness; supplemental submissions; project tracking; staff and technical review committee comments; fee calculation and collection.

(b) The state building commissioner, with the assistance of the office of regulatory reform and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may promulgate rules and regulations to implement the provisions of this section.

(c) The local towns and cities shall charge each applicant an additional one-tenth percent (.1%) of the total application fee for each application submitted. This additional amount shall be transmitted monthly to the state building office at the department of business regulation, and shall be used to staff and support the purchase or lease and operation of one web-accessible service and/or system to be utilized by the state and municipalities for the uniform, statewide electronic submission, review and processing of development applications as set forth in this section.

(d) On or before October 1, 2025, notwithstanding any other provision of this chapter to the contrary, all acts, requirements, filings, and documents necessary to comply with the application process shall be conducted by means of electronic permitting.

(e) The department of business regulation shall reimburse annual fees and costs associated with compliance with this program in accordance with procedures established by the department.

History of Section. P.L. 2024, ch. 219, § 1, effective June 24, 2024; P.L. 2024, ch. 220, § 1, effective June 24, 2024; P.L. 2025, ch. 365, § 2, effective July 1, 2025; P.L. 2025, ch. 366, § 2, effective July 1, 2025.

§ 45-23-37 General provisions — Administrative subdivision.

(a) 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.

(b) 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(c).

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(a) Application types and review stages.

(1) Applications requesting relief from the zoning ordinance.

(i) Applications under this section that require relief that qualifies only as a modification under § 45-24-46 and local ordinances may proceed by filing an application under this chapter and a request for a modification to the zoning enforcement officer. If such modification is granted, the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under unified development review pursuant to § 45-23-50.1.

(ii) Applications under this section that require relief from the literal provisions of the zoning ordinance in the form of a variance or special-use permit, shall be reviewed by the planning board under unified development review pursuant to § 45-23-50.1, and a request for review shall accompany the preliminary plan application.

(iii) Any application involving a street creation or extension shall be reviewed by the planning board and require a public hearing.

(2) Other applications. The administrative officer shall review and grant, grant with conditions, or deny all other applications under this section and may grant waivers of design standards as set forth in the local regulations and zoning ordinance. The administrative officer may utilize the technical review committee for initial review and recommendation. The local regulations shall specifically list what limited waivers an administrative officer is authorized to grant as part of their review.

(3) Review stages. Minor plan review consists of two (2) stages, preliminary and final; provided, that unless otherwise set forth in this section, if a street creation or extension is involved, or a request for variances and/or special-use permits is submitted, pursuant to the regulation’s unified development review provisions, a public hearing is required before the planning board. The administrative officer may combine the approval stages, providing requirements for both stages are met by the applicant to the satisfaction of the administrative officer.

(b) 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.

(c) Certification. For each applicable stage of review, the application shall be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days of the submission so long as a completed checklist of the requirements for submission is provided as part of the submission. If an applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made as set forth in § 45-24-46. Such certification shall be made in accordance with the provisions of § 45-23-36(c). If no street creation or extension is required, and/or unified development review is not requested, and a completed checklist of the requirements for submission is provided as part of the submission, such application shall be certified, in writing, complete or incomplete by the administrative officer within fifteen (15) days according to the provisions of § 45-23-36(c). 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 ten (10) days after its resubmission.

(d) Decision on preliminary plan. If no street creation or extension, variance, or special use permits are required, the administrative officer 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 administrative officer, according to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or creation is required, or the application is reviewed under the unified development review or the application seeks waivers from design standards and/or requirements of the land development and subdivision regulations that are beyond the authority of the administrative officer to grant, 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.

(e) Failure to act. Failure of the planning board or administrative officer to act within the period prescribed constitutes approval of the pending stage of review, and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval will be issued on request of the applicant.

(f) 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.

(g) Final plan. Final plans shall be reviewed and approved by either the administrative officer or 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. The administrative officer or technical review committee shall approve, deny, approve with conditions, or refer the application to the planning board based upon a finding that there is a major change within twenty-five (25) days of the certificate of completeness.

(h) Modifications and changes to plans.

(1) Minor changes, as defined in the local regulations, to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without an additional public hearing. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the permitting authority if the permitting authority is not the administrative officer. Denial of the proposed change(s) shall be referred to the applicable permitting authority for review as a major change.

(2) Major changes, as defined in the local regulations, to the plans approved at any stage may be approved only by the applicable permitting authority and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing if originally required as part of the application.

(3) The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the written request for a change if the administrative officer determines the change to be a major change.

(i) Appeal. Decisions under this section shall be considered an appealable decision pursuant to § 45-23-71.

(j) Expiration of approvals. Approvals of a minor land development or subdivision plan expire one year 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 applicant 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024.

§ 45-23-39 General provisions — Major land development and major subdivision review stages.

(a) Stages of review. Major land development and major subdivision 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, if applicable. Also required is a public hearing at the master plan stage of review or, if combined at the first stage of review.

(b) The administrative officer may combine review stages but only the planning board may waive requirements as specified in § 45-23-62. Review stages may be combined only after the administrative officer determines that all necessary requirements have been met by the applicant or that the planning board has waived any submission requirements not included by the applicant.

(c) Master plan review.

(1) Submission requirements.

(i) The applicant shall first submit to the administrative officer the items required by the local regulations for master plans.

(ii) 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.

(iii) Initial comments will be solicited from:

(A) Local agencies including, but not limited to, the planning department, the department of public works, fire and police departments, the conservation and recreation commissions;

(B) Adjacent communities;

(C) State agencies, as appropriate, including the departments of environmental management and transportation and the coastal resources management council; and

(D) Federal agencies, as appropriate. The administrative officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.

(iv) Applications requesting relief from the zoning ordinance.

(A) Applications under this chapter that require relief that qualifies only as a modification under § 45-24-46 and local ordinances may proceed by filing a master plan application under this section to the administrative officer and, separately, a request for a modification to the zoning enforcement officer. If such modification is granted, the application shall then proceed to be reviewed by the planning board pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under unified development review pursuant to § 45-23-50.1.

(B) Applications under this section that require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development review pursuant to § 45-23-50.1.

(2) Certification. The application must be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days of the submission, according to the provisions of § 45-23-36(c), so long as a completed checklist of requirements is provided with the submission. If an applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made as set forth in § 45-24-46. 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. To the extent the community utilizes a technical review committee, it shall review the application prior to the first planning board meeting and shall comment and make recommendations to the planning board.

(4) Public hearing.

(i) A public hearing will be held prior to the planning board decision on the master plan. If the master plan and preliminary plan review stages are being combined, a public hearing shall be held during the combined stage of review.

(ii) Notice for the public hearing is required and must be given at least fourteen (14) days prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice must be mailed to the applicant and to all property owners within the notice area, as specified by local regulations.

(iii) At the public hearing, 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.

(i) 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.

(ii) The initial four-year (4) vesting for the approved master plan constitutes the vested rights for the development as required in § 45-24-44.

(d) Preliminary plan review.

(1) Submission requirements.

(i) The applicant shall first submit to the administrative officer the items required by the local regulations for preliminary plans.

(ii) 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, and a perimeter survey.

(iii) 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.

(iv) 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(c) so long as a completed checklist of requirements is provided with the submission. 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.

(4) Public notice. Prior to the first planning board meeting on the preliminary plan, public notice shall be sent to abutters only at least fourteen (14) days before the hearing.

(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. Provided that, the timeframe for decision is automatically extended if evidence of state permits has not been provided, or otherwise waived in accordance with this section.

(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.

(e) Final plan.

(1) Submission requirements.

(i) 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.

(ii) Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

(iii) Certification by the tax collector that all property taxes are current.

(iv) 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.

(v) Prior to approval of the final plan, copies of all legal documents describing the property, proposed easements, and rights-of-way.

(vi) Prior to approval of the final plan, an applicant must submit all permits required by state or federal agencies, 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. For a state permit from the department of transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and insurance is sufficient, but such actual permit shall be required prior to the issuance of a building permit.

(2) Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer in writing, within fifteen (15) days, according to the provisions of § 45-23-36(c) so long as a completed checklist of requirements is provided with the submission. This time period may be extended to twenty-five (25) 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 ten (10) 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) of this section, the final plan shall be considered approved.

(3) Decision. The administrative officer, or, if referred to it, the planning board, shall review, grant, grant with conditions, or deny final plan approval. A decision shall be issued 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, to approve or deny the final plan as submitted.

(4) Failure to act. Failure of the administrative officer, or, if referred to it, 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 two (2) years 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.

(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.

(f) Modifications and changes to approved plans.

(1) Minor changes, as defined in the local regulations, to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without an additional planning board meeting. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the permitting authority. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

(2) Major changes, as defined in the local regulations, to the plans approved at any stage may be approved only by the planning board and must include a public hearing.

(g) Appeal. Decisions under this section shall be considered an appealable decision pursuant to § 45-23-71.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024; P.L. 2024, ch. 403, art. 2, § 21, effective June 26, 2024; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 45-23-40 [Repealed.]

[Repealed]

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; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-41 [Repealed.]

[Repealed]

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; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-42 General provisions — Major land development and major subdivision — Public hearing and notice.

Where a public hearing is required pursuant to this chapter, the following requirements shall apply:

(1) 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 local circulation within the municipality following the municipality’s usual and customary practices for this kind of advertising. The same notice shall be posted in the town or city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. Notice shall be sent to the applicant and to each owner within the notice area, by first class mail, 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 at least fourteen (14) days prior to the hearing. 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. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(2) Notice area.

(i) 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.

(ii) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c).

(iii) 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.

(3) Notice cost. The cost of all newspaper and mailing notices 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2023, ch. 316, § 2, effective June 24, 2023; P.L. 2023, ch. 317, § 2, effective June 24, 2023.

§ 45-23-43 [Repealed.]

[Repealed]

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; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-44 General provisions — Physical design requirements.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

§ 45-23-45 General provisions — Public design and improvement standards.

(a) 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.

(b) 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.

(c) 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.

§ 45-23-46 General provisions — Construction and/or improvement guarantees.

(a) The local regulations shall require approval of the permitting authority 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.

(b) Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval. All construction shall be inspected by the appropriate town staff or agents in a timely manner and approved under the direction of the administrative officer and according to local regulations.

(c) 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 permitting authority. The amount shall be based on actual cost estimates for all required public improvements and these estimates shall be reviewed and approved by the permitting authority. The permitting authority 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.

(d) The security shall be in the forms of financial instruments set forth in local regulations and shall enable the municipality to gain timely access to the secured funds, for cause. The local regulations shall provide at least three (3) acceptable forms of financial security and the approving authority shall not limit the security to one specific form of the acceptable forms set forth in the local regulations.

(e) 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 permitting authority.

(f) In the cases of developments and subdivisions that are being approved and constructed in phases, the permitting authority shall specify improvement guarantee requirements related to each particular phase.

(g) The permitting authority 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. Such maintenance guarantee shall not exceed ten percent (10%) of the original guarantee amount, or the original cost of the public improvements if no guarantee was required.

(h) 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.

(i) 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; P.L. 2024, ch. 298, § 1, effective January 1, 2025; P.L. 2024, ch. 299, § 1, effective January 1, 2025.

§ 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.

(a) 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.

(b) 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.

(c) 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 [Repealed.]

[Repealed]

History of Section. P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-49.1 Farmland residential compounds.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(a) Municipalities may provide for development plan review, as defined in §§ 45-23-32 and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, as part of the local regulations. 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. The local regulations and/or ordinances shall identify the permitting authority with the responsibility to review and approve applications for development plan review, which shall be designated as the planning board, technical review committee, or administrative officer. The local regulations and/or ordinances shall provide for specific categories of projects that may review and approve an application administratively as well as categories that are required to be heard by the designated planning board, or authorized permitting authority.

(b) The authorized permitting authority 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 permitting authority 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. The application for a waiver of development plan approval review shall include documentation, as required by the permitting authority, on prior use of the site. the proposed use, and its impact.

(c) The authorized permitting authority may grant waivers of design standards as set forth in the local regulations and zoning ordinance. The local regulations shall specifically list what limited waivers an administrative officer is authorized to grant as part of their review.

(d) Review stages. Administrative development plan review consists of one stage of review, while formal development plan review consists of two (2) stages of review, preliminary and final. The administrative officer may combine the approval stages, providing requirements for both stages are met by the applicant to the satisfaction of the administrative officer.

(1) Application requesting relief from the zoning ordinance.

(i) Applications under this chapter that require relief that qualifies only as a modification under § 45-24-46 and local ordinances may proceed by filing an application under this chapter and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer as to completeness pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in § 45-24-46, such application shall proceed under unified development review pursuant to § 45-23-50.1.

(ii) Applications under this section that require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development review pursuant to § 45-23-50.1, and a request for review shall accompany the preliminary plan application.

(e) Submission requirements. Any applicant requesting approval of a proposed development under 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 or use variances related to projects qualifying for development plan review shall be submitted and reviewed under unified development review pursuant to § 45-23-50.1.

(f) 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 required, according to the provisions of § 45-23-36(c). If an applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made as set forth in § 45-24-46. The running of the time period set forth in this section will be deemed stopped upon the issuance of a written 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. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

(g) Timeframes for decision.

(1) Administrative development plan approval. An application shall be approved, denied, or approved with conditions within twenty-five (25) days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and administrative officer.

(2) Formal development plan approval.

(i) Preliminary plan. Unless the application is reviewed under unified development review, the permitting authority 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 permitting authority.

(ii) Final plan. For formal development plan approval, the permitting authority shall delegate final plan review and approval to the administrative officer. The officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. The final plan shall be approved or denied 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, in writing.

(h) Failure to act. Failure of the administrative officer or the permitting authority to act within the period prescribed constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.

(i) Vested rights. Approval of development plan review shall expire two (2) years 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 an additional period upon application to the administrative officer or permitting authority, whichever entity approved the application, upon a showing of good cause.

(j) Modifications and changes to plans.

(1) Minor changes, as defined in the local regulations, to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without an additional planning board meeting. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the permitting authority if the permitting authority is not the administrative officer. Denial of the proposed change(s) shall be referred to the permitting authority for review as a major change.

(2) Major changes, as defined in the local regulations, to the plans approved at any stage may be approved only by the permitting authority and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing, if originally required as part of the project’s approvals.

(k) Appeal. A decision under this section shall be considered an appealable decision pursuant to § 45-23-71.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1996, ch. 404, § 36; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024.

§ 45-23-50.1 Special provisions — Unified development review.

(a) A municipal zoning ordinance shall provide for unified development review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing, review, and approval of applications, pursuant to § 45-24-46.4 and this section.

(b) Review of projects submitted under the unified development review provisions of the regulations shall adhere to the procedures, timeframes, and standards of the underlying category of the project as listed in § 45-23-36, but shall also include the following procedures:

(1) Minor subdivisions and land development projects. Except for dimensional relief granted by modification as set forth in §§ 45-23-38 and 45-24-46, requests for variances 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 or if combined, for the first stage of reviews. A public hearing on the application, including any variance and special-use permit requests that meets the requirements of subsection (d) 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) Development plan review. Except for dimensional relief granted by modification as set forth in §§ 45-23-50 and 45-24-46, requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special-use permits 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 (d) of this section shall be held prior to consideration of the preliminary plan by the relevant permitting authority. The authorized permitting authority shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application. 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.

(3) Major subdivisions and land development projects — Master plan. Except for dimensional relief granted by modification as set forth in § 45-23-39, requests for variances 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, or if combined, the first stage of review. A public hearing on the application, including any variance and special-use permit requests, that meets the requirements of subsection (d) 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.

(4) 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. If the applicant requests new or additional zoning relief at this stage, a public hearing on the application, that meets the requirements of subsection (d) 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 § 45-23-39 so that additional information can be provided and reviewed by the board or commission.

(c) 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 category of project under review.

(d) Unless otherwise provided in this chapter all applications under this section shall require a single public hearing, held pursuant to subsection (b) of this section. The public hearing must meet the following requirements:

(1) Public hearing notice shall adhere to the requirements found in § 45-23-42(1);

(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: (i) The notice area extends into the adjacent municipality; or (ii) The development site extends into the adjacent municipality; or (iii) 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; and

(4) The cost of all public notice is to be borne by the applicant.

(e) The time periods by which the permitting authority must approve, approve with conditions, 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 underlying type of project under review.

(f) The expiration periods of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.

(g) Decisions under this section, including requests for the variance(s) and/or special-use permits that are denied by the permitting authority, may be appealed pursuant to § 45-23-71.

History of Section. P.L. 2016, ch. 527, § 3; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024.

§ 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.

§ 45-23-52 Local regulations — Procedure for adoption and amendment.

(a) 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.

(b) 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.

(a) 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 local 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. The same notice shall be posted in the town or city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. 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:

(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.

(b) 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.

(c) 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).

(d) 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.

(e) 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.

(f) The cost of newspaper notice and mailings shall be borne by the applicant.

(g) 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; P.L. 2023, ch. 316, § 2, effective June 24, 2023; P.L. 2023, ch. 317, § 2, effective June 24, 2023.

§ 45-23-54 Local regulations — Publication and availability.

(a) 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.

(b) 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.

§ 45-23-55 Administration — The administrative officer.

(a) Local administration of the local regulations shall be under the direction of the administrative officer(s), who shall report to the planning board.

(b) The local regulations shall specify the process of appointment and the responsibilities of the administrative officer(s) who shall oversee and coordinate the review, approval, recording, and enforcement provisions of the local regulations. The administrative officer(s) shall serve as the chair of the technical review committee, where established. The local regulations shall state minimum qualifications for this position regarding appropriate education, training, or experience in land use planning and site plan review.

(c) The administrative officer(s) shall be 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.

(d) The administrative officer(s) has the authority to issue approvals and all other authority where specifically set forth in this chapter.

(e) Enforcement of the local regulations shall be under the direction of the administrative officer(s). The officer(s) shall be 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024.

§ 45-23-56 Administration — Technical review committee.

(a) The municipality may establish a technical review committee(s) of not fewer than three (3) members, to conduct technical reviews of applications subject to their jurisdiction. The administrative officer shall serve as chairperson. Membership of this committee, to be known as the technical review committee, or design 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, public members, or other duly appointed local public commission members.

(b) If a municipality establishes a technical review committee or committees, the planning board shall adopt written procedures establishing the committee’s responsibilities.

(c) The technical review committee(s) has the authority to issue approvals, make findings, and provide recommendations as specifically set forth in this chapter.

(d) 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 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024.

§ 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 administrative officer on administrative matters, interpretations and determinations made pursuant to § 45-23-36. This section shall not apply to decisions of the administrative officer made pursuant to § 45-23-38 or § 45-23-50 which approve or deny an application.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(a) Except as set forth in this section, 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 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 or has obtained relief from the same, or another provision of this chapter that exempts compliance with a specific provision or standard;

(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 physical and permanent physical access to a public street unless there are local zoning ordinance provisions allowing exceptions to this requirement or the applicant has obtained the required relief from this provision.

(b) 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.

(c) Minor subdivisions subject to administrative review and approval only, as set forth in § 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections (a)(1), (a)(2), and (a)(5) of this section.

History of Section. P.L. 1992, ch. 385, § 1; P.L. 2000, ch. 327, § 1; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 45-23-61 Procedure — Precedence of approvals between planning board and other local permitting authorities.

(a) Zoning board.

(1) Where an applicant requires both a variance from the local zoning ordinance and planning board approval, the application shall be reviewed under unified development review pursuant to §§ 45-23-50.1 and 45-24-46.4.

(2) Where an applicant requires both a special-use permit under the local zoning ordinance and planning board approval, the application shall be reviewed under unified development review pursuant to §§ 45-23-50.1 and 45-24-46.4.

(b) 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; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024.

§ 45-23-62 Procedure — Waivers — Modifications and reinstatement of plans.

(a) 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.

(b) Local regulations shall include provisions for an applicant to seek 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.

(c) 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024.

§ 45-23-63 Procedure — Meetings — Votes — Decisions and records.

(a) 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.

(b) 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.

(c) 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.

(d) 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 planning board members present at the time of the vote. 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.

(e) 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; P.L. 2022, ch. 208, § 1, effective January 1, 2023; P.L. 2022, ch. 209, § 1, effective January 1, 2023.

§ 45-23-63.1 Procedure — Tolling of expiration periods.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 45-23-64 Procedure — Signing and recording of plats and plans.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

§ 45-23-65 Procedure — Changes to recorded plats and plans.

(a) For all changes to the approved recorded 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. The procedure for approval and the categorization of whether such change is minor or major shall be in accordance with §§ 45-23-38(h), 45-23-39(f), or 45-23-50(j), whichever is applicable based on the underlying type of application. Any such 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.

(b) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.]

(c) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.]

(d) 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; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024.

§ 45-23-66 [Repealed.]

[Repealed]

History of Section. P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-67 Appeals from decision of administrative officer.

(a) Process and timing. Local regulations adopted pursuant to this chapter shall provide that an appeal from any decision of the 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 as set forth in this section. Decisions by the administrative officer approving or denying projects shall not be subject to this section and shall proceed directly to superior court as set forth in § 45-23-71.

(1) An appeal to the board of appeal from a decision or action of the administrative officer may be taken by an aggrieved party to the extent provided in this section. 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 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 that is being appealed.

(b) Stay. An appeal stays all proceedings in furtherance of the action being appealed.

(c) Hearing.

(1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of the receipt of the appeal and give public notice of the hearing, as well as due notice to the parties of interest. At the hearing the parties 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 an administrative officer at a meeting called especially for the purpose of hearing the appeals and that 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 shall be maintained by the board of appeal.

(d) Standards of Review.

(1) As established by this chapter, in instances of a board of appeal’s review of an administrative officer’s decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the administrative officer but must consider the issue upon the findings and record of the administrative officer. The board of appeal shall not reverse a decision of the 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 administrative officer.

(3) In the instance where the board of appeal overturns a decision of the administrative officer, the proposed project application is remanded to the administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the 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; P.L. 1999, ch. 157, § 1; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2024, ch. 292, § 1, effective June 25, 2024; P.L. 2024, ch. 293, § 1, effective June 25, 2024.

§ 45-23-68 [Repealed.]

[Repealed]

History of Section. P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-69 [Repealed.]

[Repealed]

History of Section. P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-70 [Repealed.]

[Repealed]

History of Section. P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.

§ 45-23-71 Appeals to the superior court.

(a) An aggrieved party may appeal a decision of the board of appeal; a decision of an administrative officer made pursuant to § 45-23-38 or § 45-23-50 where authorized to approve or deny an application; a decision of the technical review committee where authorized to approve or deny an application; or a decision of the planning board, to the superior court for the county in which the municipality is situated by filing a complaint stating the reasons for the appeal within twenty (20) days after the decision has been recorded and posted in the office of the city or town clerk. Recommendations by any public body or officer under this chapter are not appealable under this section. The authorized permitting authority 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 permitting authority shall be made parties to the proceedings. No responsive pleading is required for an appeal filed pursuant to this section. 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.

(b) 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; provided that, a public hearing has been held on the plan, if required pursuant to this chapter.

(c) The review shall be conducted by the superior court without a jury. The court shall consider the record before the board of appeal or permitting authority, as applicable 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 report, shall constitute the record upon which the determination of the court shall be made.

(d) The court shall not substitute its judgment for that of the board of appeal or permitting authority as applicable as to the weight of the evidence on questions of fact. The court may affirm the decision of the board of appeal or permitting authority, as applicable 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 that 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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024; P.L. 2025, ch. 258, § 3, effective June 27, 2025; P.L. 2025, ch. 289, § 3, effective June 27, 2025.

§ 45-23-72 Appeals to the superior court — Enactment of or amendment of local regulations.

(a) 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.

(b) 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.

(c) 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.

(d) 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 45-23.1 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.

§ 45-23.1-1.1 Establishment or opening of streets not implied.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) At least ten (10) days’ notice of a public hearing shall be published in a newspaper of general circulation in the city or town.

(d) 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.

(e) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 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 45-24 Zoning Ordinances

§ 45-24-1 — 45-24-26 Repealed.

[Repealed]

§ 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.

§ 45-24-28 Continuation of ordinances — Supercession — Relation to other statutes.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

§ 45-24-29 Legislative findings and intent.

(a)(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:

(i) The zoning enabling statutes contained in §§ 45-24-1 through 45-24-26, repealed as of December 31, 1994, were largely enacted in 1921;

(ii) The character of land development and related public and private services have changed substantially in the intervening years;

(iii) 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;

(iv) 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

(v) 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.

(b) 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.

§ 45-24-30 General purposes of zoning ordinances.

(a) 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:

(i) 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;

(ii) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;

(iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and freshwater and coastal wetlands;

(iv) The values of unique or valuable natural resources and features;

(v) The availability and capacity of existing and planned public and/or private services and facilities;

(vi) The need to shape and balance urban and rural development; and

(vii) 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.

(b) 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.

(c) 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, redevelopment, construction, or rehabilitation applications submitted to a municipality. Nothing herein shall rescind the authority of a city or town to enforce other local zoning requirements.

(d) 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; P.L. 2024, ch. 296, § 1, effective June 25, 2024; P.L. 2024, ch. 297, § 1, effective June 25, 2024.

§ 45-24-31 Definitions. [Effective until January 1, 2026.]

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 (ADU). A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

(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) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2.

(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

(i) Any person, or persons, or entity, or entities, who or that can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance of a city or town; or

(ii) Anyone requiring notice pursuant to this chapter.

(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

(8) Applicant. An owner, or authorized agent of the owner, submitting an application or appealing an action of any official, board, or agency.

(9) 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.

(10) 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.

(11) Building. Any structure used or intended for supporting or sheltering any use or occupancy.

(12) 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.

(13) 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:

(i) 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

(ii) 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.

(14) 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.

(15) Common ownership. Either:

(i) Ownership by one or more individuals or entities in any form of ownership of two (2) or more contiguous lots; or

(ii) Ownership by any association (ownership may also include a municipality) of one or more lots under specific development techniques.

(16) 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:

(i) 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;

(ii) 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;

(iii) 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;

(iv) 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.

(17) 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.

(18) Day care — Daycare center. Any other daycare center that is not a family daycare home.

(19) 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.

(20) Density, residential. The number of dwelling units per unit of land.

(21) 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.

(22) Development plan review. See §§ 45-23-32 and 45-23-50.

(23) District. See “zoning use district.”

(24) 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.

(25) 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.

(26) 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.

(27) 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.

(28) Floating zone. An unmapped zoning district adopted within the ordinance that is established on the zoning map is effective only when an application for development, meeting the zone requirements, is approved and the approved plan is recorded.

(29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

(30) 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.

(31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

(32) 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.

(33) Hardship. See § 45-24-41.

(34) Historic district or historic site. As defined in § 45-22.2-4.

(35) Home occupation. Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit. For the purposes of this chapter, home occupation does not include remote work activities as defined in § 45-24-37.

(36) 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:

(i) A family, which may also include servants and employees living with the family; or

(ii) 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 one person per bedroom and shall not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to NARR-certified recovery residences.

(37) 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.

(38) Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

(39) Land development project. As defined in § 45-23-32.

(40) Lot. Either:

(i) The basic development unit for determination of lot area, depth, and other dimensional regulations; or

(ii) 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.

(41) Lot area. The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

(42) 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.

(43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings and accessory buildings.

(44) 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.

(45) 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.

(46) 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:

(i) 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;

(ii) 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

(iii) 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.

(47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined herein.

(48) 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.

(49) 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.

(50) Manufactured home. As used in this section, a manufactured home shall have the same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under chapter 70 of Title 42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.

(51) Mere inconvenience. See § 45-24-41.

(52) Mixed use. A mixture of land uses within a single development, building, or tract.

(53) 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 dimensional relief 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, except as set forth in § 45-24-46(c).

(54) 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:

(i) 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

(ii) 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.

(55) 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.

(56) Performance standards. A set of criteria or limits relating to elements that a particular use or process must either meet or may not exceed.

(57) Permitted use. A use by right that is specifically authorized in a particular zoning district.

(58) Planned development. A “land development project,” as defined in subsection (39), and developed according to plan as a single entity and containing one or more structures or uses with appurtenant common areas.

(59) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

(60) 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.

(61) 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.

(62) Site plan. The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

(63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface of the ground.

(64) 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.

(65) 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.

(66) 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.

(67) 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.

(68) 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.

(i) 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.

(ii) Dimensional variance. Permission to depart from the dimensional requirements of a zoning ordinance under the applicable standards set forth in § 45-24-41.

(69) Waters. As defined in § 46-12-1(23).

(70) Wetland, coastal. As defined in § 45-22.2-4.

(71) Wetland, freshwater . As defined in § 2-1-20.

(72) 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.

(73) 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.

(74) 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.

(75) 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; P.L. 2022, ch. 437, § 1, effective June 30, 2022; P.L. 2022, ch. 440, § 1, effective June 30, 2022; P.L. 2023, ch. 304, § 1, effective January 1, 2024; P.L. 2023, ch. 305, § 1, effective January 1, 2024; P.L. 2023, ch. 308, § 2, effective January 1, 2024; P.L. 2023, ch. 309, § 2, effective January 1, 2024; P.L. 2023, ch. 321, § 1, effective January 1, 2024; P.L. 2023, ch. 322, § 1, effective January 1, 2024; P.L. 2024, ch. 241, § 1, effective June 24, 2024; P.L. 2024, ch. 242, § 1, effective June 24, 2024; P.L. 2024, ch. 284, § 1, effective June 25, 2024; P.L. 2024, ch. 285, § 1, effective June 25, 2024; P.L. 2024, ch. 286, § 2, effective June 25, 2024; P.L. 2024, ch. 287, § 2, effective June 25, 2024; P.L. 2025, ch. 258, § 4, effective June 27, 2025; P.L. 2025, ch. 278, art. 5, § 17, effective June 29, 2025; P.L. 2025, ch. 289, § 4, effective June 27, 2025.

§ 45-24-31 Definitions. [Effective January 1, 2026.]

(1) Abutter . One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

(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) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2.

(5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

(ii) Anyone requiring notice pursuant to this chapter.

(6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

(7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

(8) Applicant. An owner, or authorized agent of the owner, submitting an application or appealing an action of any official, board, or agency.

(10) 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.

(11) Building. Any structure used or intended for supporting or sheltering any use or occupancy.

(i) 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

(15) Co-living housing. A specific residential development with units which provide living and sleeping space which are independently rented and lockable for the exclusive use of an occupant, but require the occupant to share sanitary and/or food preparation facilities with the other units in the occupancy. This section shall not be read to allow the conversion of existing dwelling units into co-living housing unless authorized by a local zoning ordinance.

(16) Common ownership. Either:

(i) Ownership by one or more individuals or entities in any form of ownership of two (2) or more contiguous lots; or

(ii) Ownership by any association (ownership may also include a municipality) of one or more lots under specific development techniques.

(17) 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:

(ii) 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;

(18) 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.

(19) Day care — Daycare center. Any other daycare center that is not a family daycare home.

(20) 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.

(21) Density, residential. The number of dwelling units per unit of land.

(22) 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.

(23) Development plan review. See §§ 45-23-32 and 45-23-50.

(24) District. See “zoning use district.”

(25) 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.

(26) 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.

(27) 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.

(28) 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.

(29) Floating zone. An unmapped zoning district adopted within the ordinance that is established on the zoning map is effective only when an application for development, meeting the zone requirements, is approved and the approved plan is recorded.

(30) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

(31) 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.

(32) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

(33) 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.

(34) Hardship. See § 45-24-41.

(35) Historic district or historic site. As defined in § 45-22.2-4.

(36) Home occupation. Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit. For the purposes of this chapter, home occupation does not include remote work activities as defined in § 45-24-37.

(37) 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:

(i) A family, which may also include servants and employees living with the family; or

(38) 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.

(39) Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

(40) Land development project. As defined in § 45-23-32.

(41) Lot. Either:

(i) The basic development unit for determination of lot area, depth, and other dimensional regulations; or

(42) Lot area. The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

(43) 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.

(44) Lot building coverage. That portion of the lot that is, or may be, covered by buildings and accessory buildings.

(45) 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.

(46) 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.

(47) 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:

(iii) 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.

(48) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined herein.

(49) 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.

(50) 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.

(51) Manufactured home. As used in this section, a manufactured home shall have the same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under chapter 70 of Title 42 of the United States Code; and except that such term shall not include any self-propelled recreational vehicle.

(52) Mere inconvenience. See § 45-24-41.

(53) Mixed use. A mixture of land uses within a single development, building, or tract.

(54) 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 dimensional relief 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, except as set forth in § 45-24-46(c).

(55) 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:

(56) 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.

(57) Performance standards. A set of criteria or limits relating to elements that a particular use or process must either meet or may not exceed.

(58) Permitted use. A use by right that is specifically authorized in a particular zoning district.

(59) Planned development. A “land development project,” as defined in subsection (39), and developed according to plan as a single entity and containing one or more structures or uses with appurtenant common areas.

(60) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

(61) 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.

(62) 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.

(63) Site plan. The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

(64) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface of the ground.

(65) 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.

(66) 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.

(67) 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.

(68) 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.

(69) 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.

(ii) Dimensional variance. Permission to depart from the dimensional requirements of a zoning ordinance under the applicable standards set forth in § 45-24-41.

(70) Waters. As defined in § 46-12-1(23).

(71) Wetland, coastal. As defined in § 45-22.2-4.

(72) Wetland, freshwater. As defined in § 2-1-20.

(73) 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.

(74) 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.

(75) 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.

(76) 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.

§ 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.

§ 45-24-33 Standard provisions. [Effective until January 1, 2026.]

(a) A zoning ordinance shall address each of the purposes stated in § 45-24-30 and shall address, 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:

(i) The height, number of stories, and size of buildings;

(ii) The dimensions, size, lot coverage, layout of lots or development areas and floor area ratios provided that zoning ordinances must exclude any portion of a basement as defined in § 45-24.3-5 from the calculation of floor area ratio;

(iii) The density and intensity of use;

(iv) Access to air and light, views, and solar access;

(v) Open space, yards, courts, and buffers;

(vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other circulator systems;

(vii) Landscaping, fencing, and lighting;

(viii) Appropriate drainage requirements and methods to manage stormwater runoff;

(ix) Public access to waterbodies, rivers, and streams; and

(x) 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;

(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 of People with Disabilities Act, chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and

(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:

(i) Identifying within which zoning districts drive-through windows may be permitted, prohibited, or permitted by special-use permit;

(ii) Specifying requirements for adequate traffic circulation; and

(iii) Providing for adequate pedestrian safety and access, including issues concerning safety and access for those with disabilities.

(b) 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:

(i) Increased open space;

(ii) Increased housing choices;

(iii) Traffic and pedestrian improvements;

(iv) Public and/or private facilities; and/or

(v) 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.

(c) 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.

(d) 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.

§ 45-24-33 Standard provisions. [Effective January 1, 2026.]