Rhode Island 2023 Regular Session

Rhode Island House Bill H5718 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5718
6	6	========
7	7	LC001352
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO THE KINGSTON FIRE DISTRICT IN THE TOWN OF SOUTH
16	16	KINGSTOWN
17	17	Introduced By: Representatives Fogarty, Tanzi, Spears, McEntee, Cardillo, Cotter,
18	18	Azzinaro, Kennedy, Casey, and Hull
19	19	Date Introduced: February 17, 2023
20	20	Referred To: House Municipal Government & Housing
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 2, 4, 5, 7, 9, 10, 11, 15, 17, 18 and 19 of Chapter 544 of the 1923 1
25	25	Public Laws entitled "An Act to Incorporate the Kingston Fire District in the Town of South 2
26	26	Kingstown" as amended, are hereby amended to read as follows: 3
27	27	Sec. 2. The electors, who shall consist of electors of said district qualified to vote in town 4
28	28	affairs on propositions to impose taxes or for the expenditure of moneys the residents of said district 5
29	29	qualified to vote in elections of the Town of South Kingstown, shall be entitled to vote and act in 6
30	30	all meetings of the corporation. 7
31	31	Sec. 4. Said electors at each annual meeting, and at any other meeting when vacancies 8
32	32	occur, may elect officers to serve for one year or until the next annual meeting, and until others be 9
33	33	elected in their stead, which officers shall consist of a moderator, clerk. Treasurer, treasurer, three 10
34	34	assessors, auditors, and a collector of taxes, whose duties and powers within said district shall be 11
35	35	such as like officers of towns in this state have within their respective towns. They may also elect 12
36	36	fire wardens, a president of fire wardens and such other officers and committees as they may deem 13
37	37	necessary. 14
38	38	Sec. 5. Said electors at any of their legal meetings shall have power to order such taxes, 15
39	39	and provide for assessing and collecting the same, on the taxable inhabitants and property in said 16
40	40	district as they shall deem necessary for purchasing and procuring real estate, buildings and 17
41	41	implements, apparatus, other equipment and a supply of water for the extinguishment of fire, for 18
42	42
43	43
44	44	LC001352 - Page 2 of 6
45	45	constructing cisterns and reservoirs, laying water pipes and purchasing rights to lay the same, for 1
46	46	the purpose of lighting the street in said district with electricity or otherwise, for the payment of the 2
47	47	current expenses of said district, the payment of such police force as they may deem necessary for 3
48	48	the protection of the inhabitants of said district from fires and for the preservation of the public 4
49	49	peace therein and for the payment of obligations that have been or may be incurred, by said district 5
50	50	in the exercise of the powers granted to said district, and also for the payment of any indebtedness 6
51	51	that has been or may be incurred by said district. Such taxes so ordered shall be assessed by the 7
52	52	assessors of said district on the taxable inhabitants and property therein according to the last 8
53	53	valuation made by the assessors of the town next previous to said assessment, adding, however, 9
54	54	any taxable property which may have been omitted by said town assessors or which may have been 10
55	55	since acquired; and in all cases where the town assessors have included property within said district 11
56	56	and propc1ty without said district in one valuation, the assessors of said district shall make an 12
57	57	equitable valuation of that portion of the same lying within said district; and in the assessing and 13
58	58	collecting of said taxes such proceedings shall be had by the officers of said district, as near as may 14
59	59	be, as are required to be had by the corresponding officers to towns in this state in assessing and 15
60	60	collecting town taxes assessed for said district have the same powers and authorities as are now by 16
61	61	law conferred upon collectors of taxes for towns in this state. Said district may provide for such 17
62	62	deduction from the tax assessed against any person if paid by an appointed time, or for such penalty 18
63	63	by way of percentage on the tax if not paid at an appointed time as they shall deem necessary to 19
64	64	insure punctual payment, which penalty shall not exceed that provided by law to be charged by the 20
65	65	cities and towns of the state on prope1ty taxes assessed by them. 21
66	66	Sec. 7. Said electors shall have power to enact bylaws prescribing the duties of fire 22
67	67	wardens and the several officers and committees of said district, and of the inhabitants of said 23
68	68	district in time of conflagration, and to enforce obedience to the commands of the fire wardens for 24
69	69	suppressing disorder and tumult, guarding or removing property or rendering other services in time 25
70	70	of fire, and also for the protection of the water pipes, hose, hydrants or other apparatus or property 26
71	71	of said district and for the preservation of order and the public peace in said district; and said 27
72	72	electors may provide for the breach of any such by-law a penalty consisting of a fine not exceeding 28
73	73	twenty dollars five hundred dollars, to be recovered for the use of said district, or imprisonment for 29
74	74	a term not exceeding thirty days, or both, which penalty may be enforced by prosecution on 30
75	75	complaint and warrant in the district court of the fourth judicial district. 31
76	76	Sec. 9. The fire wardens elected by said district shall publicly within four days next 32
77	77	preceding the day of holding and regular meeting of said fire district, make a corrected list of the 33
78	78	names of all persons entitled to vote in such meeting, and certify and deliver the same to the 34
79	79
80	80
81	81	LC001352 - Page 3 of 6
82	82	moderator before the time shall arrive for the calling of the meeting to order. In making such list 1
83	83	the fire wardens shall take from the last corrected voting list of the town of South Kingstown the 2
84	84	names of all persons residing within the limits of said district who continue qualified to vote in 3
85	85	elections of the Town of South Kingstown on a proposition to impose a tax, or for the expenditure 4
86	86	of money in said town and place said names upon the list to be made up by them, and shall add 5
87	87	thereto the names of all persons residing within said district who shall be so qualified and whose 6
88	88	names shall not be upon said voting list and shall cause printed notices of the time and place named 7
89	89	by them to make such list to be posted in five public places within said district, not more than ten 8
90	90	nor less than five days before the time appointed for such district meeting, and the list so made and 9
91	91	certified shall be used in determining any question before such meeting when demanded by ten of 10
92	92	the voters present; and thereupon the moderator shall receive the votes of all persons whose names 11
93	93	arc upon such list, and shall reject the votes of all persons claiming to vote whose names are not 12
94	94	thereon. 13
95	95	Sec. 10. Said electors at any of their legal meeting shall have power to choose and appoint 14
96	96	so many men persons as they may think needful to be formed into a fire company or companies, 15
97	97	and also a hook and ladder company, and to make all such laws and regulations for organizing and 16
98	98	establishing the same as they shall see fit, and the members of such companies shall be entitled to 17
99	99	the exemptions, privileges and remedies provided by the general laws of the state for members of 18
100	100	the fire departments of cities and towns. 19
101	101	Sec. 11. Said electors may hold special meetings which, as well as the annual meetings, 20
102	102	shall be notified in such manner as they shall prescribe; and it shall be the duty of the clerk board 21
103	103	of wardens to call a special meeting upon written application signed by twelve or more of such 22
104	104	electors, and whenever the subject of ordering a tax or borrowing money is to be acted on, the same 23
105	105	shall be mentioned in the notice unless it be an annual meeting. 24
106	106	Sec. 15 13. The District may have a common seal, and in its corporate name may sue and 25
107	107	be sued, prosecute and defend, in any court and elsewhere and enjoy all the other powers generally 26
108	108	incident to corporations. Every suit whether in law or equity, brought against the district shall be 27
109	109	brought in the County of Washington unless otherwise directed by law. 28
110	110	Sec. 17 14. The District may from time to time make and ordain all ordinances, by-laws 29
111	111	and regulations for the District that shall not be in conflict with or in violation of other provisions 30
112	112	of this act and not repugnant to law. 31
113	113	Sec. 18 15. All property held by the said district, except land, pursuant to the authority 32
114	114	granted by this chapter as amended and located within said district is and shall he exempt from 33
115	115	taxation. Such exemption shall also apply to any taxes which, but for the passage of this act, might 34
116	116
117	117
118	118	LC001352 - Page 4 of 6
119	119	be assessable with respect to property, except land, held by said district on December 31, 1962. 1
120	120	Sec. 19 16. This act shall take effect upon its passage, and all acts and parts of acts 2
121	121	inconsistent herewith are hereby repealed. 3
122	122	SECTION 2. Sections 13, 14, and 16 of Chapter 544 of the 1923 Public Laws entitled "An 4
123	123	Act to Incorporate the Kingston Fire District in the town of South Kingstown" are hereby repealed 5
124	124	in their entirety: 6
125	125	Sec. 13. In addition to the foregoing, said district shall have the power for the purpose of 7
126	126	supplying water within said district for fire protection and for domestic, manufacturing and other 8
127	127	purposes and for the transaction of any other business connected therewith, to acquire, by purchase 9
128	128	or otherwise, own, operate, subdivide, construct. improve, repair, develop, manage, lease, 10
129	129	mortgage, pledge, sell, exchange, assign or otherwise deal in real estate, interests in real estate, 11
130	130	riparian rights, water, rights of water and of way, any and all kinds of buildings, and any and all 12
131	131	personal and other property of any and all kinds incidental thereto. Said district may acquire and 13
132	132	hold the capital stock of any water company authorized to do business within said district. 14
133	133	Sec. 14. Said district may construct driven and bored artesian or other wells and may erect 15
134	134	on land acquired by it such dams, buildings, reservoirs, filtering galleries, filters, standpipes, 16
135	135	fixtures and other structures, apparatus or equipment as may be convenient for the establishment 17
136	136	and maintenance of a complete and effective system of water works and may do all other acts 18
137	137	reasonably necessary to carry out the powers granted in Section 13 hereof. Said district may make 19
138	138	excavations, procure and operate machinery, lay and maintain aqueducts, conduits, pipes and other 20
139	139	works under or over any land, water courses, and along or over any highway or other way, in such 21
140	140	manner us not unnecessarily to obstruct the same; and for the purpose of constructing, laying, 22
141	141	maintaining and repairing such aqueducts, conduits, pipes and other works and for all other 23
142	142	purposes of this act, said corporation may dig up, raise and embank any such land, highways or 24
143	143	other ways, in such manner as to cause the least hindrance to public travel under the protection and 25
144	144	with the assent of the town council of the town as to highways or other ways within its control, and 26
145	145	of the department of public warks (sic) as to highways or other ways within its control. 27
146	146	Sec. 16. Said district may sell and distribute water throughout said district, or authorize the 28
147	147	same to be done, and may regulate its use and fix the price and rates to be paid therefor, subject to 29
148	148	and with the benefit of the provisions of chapters 122 and 449 of the general laws, as amended. 30
149	149	Said district shall have the exclusive right to the water acquired or distributed by it, and may 31
150	150	maintain an action against any person for using the same without its consent. 32
151	151
152	152
153	153	LC001352 - Page 5 of 6
154	154	SECTION 3. This act shall take effect upon passage. 1
155	155	========
156	156	LC001352
157	157	========
158	158
159	159
160	160	LC001352 - Page 6 of 6
161	161	EXPLANATION
162	162	BY THE LEGISLATIVE COUNCIL
163	163	OF
164	164	A N A C T
165	165	RELATING TO THE KINGSTON FIRE DISTRICT IN THE TOWN OF SOUTH
166	166	KINGSTOWN
167	167	***
168	168	This act would clarify that qualification to vote in elections of the Kingston Fire District 1
169	169	extends to those residents of the District qualified to vote in the town of South Kingstown elections. 2
170	170	It also would remove all those sections addressing the use of water for district fire protection. 3
171	171	This act would take effect upon passage. 4
172	172	========
173	173	LC001352
174	174	========