2012 -- H 8143 SUBSTITUTE A | |
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LC02567/SUB A | |
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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 |
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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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