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| 5 | 5 | | 2023 -- H 5260 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000450 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- ACTIONS BY AND AGAINST TOWNS |
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| 16 | 16 | | Introduced By: Representatives Stewart, Cruz, Sanchez, Morales, Potter, McNamara, |
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| 17 | 17 | | Handy, Henries, and Alzate |
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| 18 | 18 | | Date Introduced: January 27, 2023 |
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| 19 | 19 | | Referred To: House Municipal Government & Housing |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 45-15-5 of the General Laws in Chapter 45-15 entitled "Actions by 1 |
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| 24 | 24 | | and Against Towns" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 45-15-5. Presentment to council of claim or demand against town. 3 |
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| 26 | 26 | | (a) Every person who has any money due him or her from any town or city, or any claim 4 |
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| 27 | 27 | | or demand against any town or city, for any matter, cause, or thing whatsoever, shall take the 5 |
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| 28 | 28 | | following method to obtain what is due: The person shall present to the town council of the town, 6 |
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| 29 | 29 | | or to the city council of the city, a particular account of that person’s claim, debt, damages, or 7 |
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| 30 | 30 | | demand, and how incurred or contracted; which being done, in case just and due satisfaction is not 8 |
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| 31 | 31 | | made to him or her by the town or city treasurer of the town or city within forty (40) days after the 9 |
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| 32 | 32 | | presentment of the claim, debt, damages, or demand, the person may commence his or her action 10 |
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| 33 | 33 | | against the treasurer for the recovery of the complaint. 11 |
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| 34 | 34 | | (b) Each fiscal year, every town and city shall be required to disclose on their official 12 |
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| 35 | 35 | | website the following information: 13 |
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| 36 | 36 | | (1) The number of legal actions in which the town or city is a named defendant; 14 |
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| 37 | 37 | | (2) Provide a short summary of the substantive issues of the legal action; 15 |
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| 38 | 38 | | (3) Provide the name of the attorney representing the town or city; and 16 |
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| 39 | 39 | | (4) Disclose all costs and expenses related to the legal action, including, but not limited to: 17 |
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| 40 | 40 | | (i) Court costs; 18 |
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| 41 | 41 | | (ii) Legal fees; and 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000450 - Page 2 of 3 |
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| 45 | 45 | | (iii) Compensatory damages. 1 |
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| 46 | 46 | | SECTION 2. This act shall take effect upon passage. 2 |
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| 47 | 47 | | ======== |
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| 48 | 48 | | LC000450 |
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| 49 | 49 | | ======== |
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| 50 | 50 | | |
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| 51 | 51 | | |
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| 52 | 52 | | LC000450 - Page 3 of 3 |
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| 53 | 53 | | EXPLANATION |
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| 54 | 54 | | BY THE LEGISLATIVE COUNCIL |
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| 55 | 55 | | OF |
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| 56 | 56 | | A N A C T |
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| 57 | 57 | | RELATING TO TOWNS AN D CITIES -- ACTIONS BY AND AGAINST TOWNS |
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| 58 | 58 | | *** |
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| 59 | 59 | | This act would require a municipality to disclose on their official website the specific 1 |
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| 60 | 60 | | issues, details and costs of any legal action of which the town or city is a named defendant. 2 |
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| 61 | 61 | | This act would take effect upon passage. 3 |
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| 62 | 62 | | ======== |
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| 63 | 63 | | LC000450 |
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| 64 | 64 | | ======== |
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