2012 -- H 8143 SUBSTITUTE A

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LC02567/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     

     

     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

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GOVERNMENT" is 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. Creation of commission. – (a) There is hereby established a permanent

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commission, to be known as the category one memorial designation commission, to consist of

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five (5) members; two (2) of whom shall be appointed by the speaker from a list of nominations

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provided by the chairperson of the Rhode Island historical society, one of whom shall be an

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elected official; two (2) shall be appointed by the senate president from a list of nominations

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provided by the adjutant general of the Rhode Island national guard, one to be a member of the

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Rhode Island veterans of foreign wars, and one to be a member of the American legion; and one

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to be the spouse or a child of a deceased veteran, to be appointed by the speaker.

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     (b) The members of the commission shall, in February of each odd-numbered year, elect

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from among themselves a chairperson. Vacancies in the commission shall be filled in like manner

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as the original appointment.

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     (c) The purpose of the commission shall be to hear and make determinations on requests

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by members of the general public to designate items within the state as described in section 42-

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4.2-1 as category one memorial items. Upon deliberation, the commission may communicate

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their majority decision to designate an item as such in written form to the city or town clerk of the

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municipality wherein the item is located, for recording in the land records, and to the chief

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executive of the municipality.

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     (d) Three (3) members of the commission shall constitute a quorum.

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     (e) The commission shall meet upon receipt of a request to designate.

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     (f) All departments and agencies of the state shall furnish advice and information,

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documentary and otherwise, to the commission and its agents as may be necessary or desirable to

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facilitate the purposes of this chapter.

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     (g) The speaker is authorized and directed to provide suitable quarters for the

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commission.

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     (h) The commission shall file a report with the general assembly.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02567/SUB A

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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 create a permanent commission to designate items of historical

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significance.

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     This act would take effect upon passage.

     

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LC02567/SUB A

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H8143A