§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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; […]
§ 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 […]
§ 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, § […]
§ 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, […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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. […]
§ 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, § […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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, […]
§ 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 […]
§ 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 […]
