2012 -- H 8143 | |
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LC02567 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT | |
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Introduced By: Representatives McLaughlin, Hull, Dickinson, MacBeth, and Menard | |
Date Introduced: May 09, 2012 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is |
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hereby amended by adding thereto the following chapter: |
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CHAPTER 4.2 |
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CATEGORY ONE MEMORIAL ITEMS |
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42-4.2-1. Definition of category one memorial item. -- (a) As used in this chapter, a |
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category one memorial item shall include a structure, sculpture, inscription, or icon, or similar |
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item, which meets the following criteria: |
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(1) Has attained a secular traditional, cultural, or community recognition and/or value; |
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(2) Is located on property that is owned by either the state, a city or town, or any |
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instrumentality thereof; |
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(3) Was in existence prior to January 1, 2012; and |
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(4) Is designated as a category one memorial pursuant to section 42-4.2-2. |
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(b) A memorial may, but does not need to be, related to military affairs in order to be |
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designated as a category one memorial. |
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(c) The potential identification of an item or the item having recognizable identification |
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with a known or established religion shall not exclude the item from being designated as a |
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category one memorial item, so long as the provisions of subsection (a) are met. |
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42-4.2-2. Designation of category one memorial item. -- Any elected Rhode Island |
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state or municipal official may identify and designate a category one memorial item. |
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42-4.2-3. Declaration of purpose. -- (a) The state of Rhode Island declares that a |
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category one memorial item shall not be deemed or viewed as the making of a law regarding the |
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establishment of a state religion. |
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(b) The state of Rhode Island further declares that no category one memorial items shall |
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be deemed to be in violation of the Rhode Island state constitution, including, but not limited to, |
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provisions of Article 1, Section 3 of the state constitution. |
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42-4.2-4. Defense of category one memorial items. -- (a) It shall be the policy of the |
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state to defend against any non-governmental challenge to the placement or continued existence |
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of any category one memorial item on any state or municipal property. The legal defense shall be |
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maintained by the attorney general or an attorney designated by the attorney general. Legal costs |
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and attorneys’ fees shall not be awarded to any party prevailing in an action against the state, |
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municipality, or instrumentality thereof, or against an official who designates a category one |
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memorial item, which challenges the designation or placement of a category one memorial item. |
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(b) The state shall establish and fund a restricted receipt account to provide for the |
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defense of and/or challenges to designations of items as category one memorial items. The fund |
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shall initially be funded in the amount of one million dollars ($1,000,000). |
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(c) Nothing in this chapter shall be deemed to prevent the lawful alteration, relocation, or |
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removal of any category one memorial by a state, a municipality, or any instrumentality thereof. |
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SECTION 2. This act shall take effect upon passage. |
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LC02567 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT | |
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This act would provide for the designation of certain memorials as category one |
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memorial items. By definition, such memorials would have a secular traditional, cultural, or |
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community recognition and/or value, and would not constitute the making of a law regarding the |
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establishment of a state religion. |
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This act would take effect upon passage. |
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LC02567 | |
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