2013 -- S 1034

=======

LC02906

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FORT ADAMS FOUNDATION

     Introduced By: Senator M. Teresa Paiva Weed

     Date Introduced: June 27, 2013

     Referred To: Recommended for Immediate Consideration

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 42-57-1, 42-57-2, 42-57-3 and 42-57-4 of the General Laws in

1-2

Chapter 42-57 entitled "Fort Adams Foundation" are hereby amended to read as follows:

1-3

     42-57-1. Foundation created. -- The Fort Adams foundation ("the foundation") is

1-4

created a body, corporate and politic, to promote interest in and to plan, develop, coordinate,

1-5

encourage, facilitate, set standards, and programs and projects relating to the restoration,

1-6

renovation, and reconstruction, and use of the historical Fort Adams structure State Park and all

1-7

facilities and buildings at the park.

1-8

     42-57-2. Purpose. -- In order to achieve the objective and to carry out the purposes of

1-9

this chapter, the foundation shall, in close cooperation with and through recommendations to the

1-10

director of the department of environmental management, initiate, coordinate, and support

1-11

planning, development, and conduct of the programs, and projects in furtherance of the

1-12

restoration and use of Fort Adams State Park, provide for all activities in a manner which will be

1-13

consistent with the purposes of this chapter, and carry out all responsibilities provided by this

1-14

chapter concerning the restoration and use of the Fort Adams structure State Park.

1-15

     42-57-3. Organization of foundation. -- (a) The foundation shall consist of the director

1-16

of the department of environmental management, or his or her designee, and nine (9) four (4)

1-17

public members, appointed by the governor with the advice and consent of the senate. In making

1-18

appointments under this section, the governor shall solicit and give due consideration to the

1-19

recommendations of the following persons, communities and organizations:

2-20

      (1) Rhode Island historical preservation commission;

2-21

      (2) Newport city council City of Newport;

2-22

      (3) Fort Adams Trust board of directors; and

2-23

      (4) Artillery Company of Newport County Chief of the department of environmental

2-24

management division of parks and recreation.;

2-25

      (5) Newport Historical Society;

2-26

      (6) Rhode Island National Guard;

2-27

      (7) Rhode Island economic development corporation;

2-28

      (8) Newport county chamber of commerce; and

2-29

      (9) Preservation society of Newport county.

2-30

      In making appointments under this section, the governor shall also give due

2-31

consideration to the appointment of persons with expertise and experience in the fields of

2-32

American history, military history, historic preservation, museums, education, historic

2-33

architecture and/or engineering.

2-34

      (b) The membership of the foundation shall elect from amongst itself a member to

2-35

director of the department of environmental management, or his or her designee shall act as

2-36

chairperson.

2-37

      (c) The power of the foundation shall vest in and be exercised by or under the authority

2-38

of its members, five (5) three (3) of whom shall constitute a quorum for the transaction of

2-39

business.

2-40

      (d) Employees of the foundation shall be selected and appointed by the foundation, and

2-41

shall be vested with those powers and duties that the foundation may determine.

2-42

      (e) All appointed members of the foundation as of the effective date of this act [June 16,

2-43

2006] shall cease to be members of the foundation as of the effective date of this act [June 16,

2-44

2006] but shall be eligible for reappointment thereafter pursuant to this subsection. The governor

2-45

shall thereupon nominate nine (9) four (4) members: three (3) one of whom shall serve an initial

2-46

terms term of one year; three (3) one of whom shall serve an initial terms term of two (2) years;

2-47

and three (3) two (2) of whom shall serve initial terms of three (3) years. Thereafter, all appointed

2-48

members shall be appointed to serve three (3) year terms. In the event the senate is not in session

2-49

on the effective date of this act, the governor may make temporary appointments which shall only

2-50

be in effect until such time as the senate reconvenes at which time the governor shall appoint four

2-51

(4) members.

2-52

     42-57-4. Powers. -- (a) The foundation is authorized and empowered:

2-53

      (1) To adopt by-laws for the regulation of its affairs and the conduct of its business;

3-54

      (2) To adopt an official seal and alter the seal at pleasure;

3-55

      (3) To maintain an office at any place or places within the state as it may designate;

3-56

      (4) To sue and be sued in its own name, plead and be impleaded. Service of process in

3-57

any action shall be made by service upon the chairperson of the foundation either in hand or by

3-58

leaving a copy of the process at the office of the foundation with some person having charge

3-59

thereof;

3-60

      (5) To employ assistants, agents, and other employees that may be necessary or desirable

3-61

for its purposes; to contract for and engage consultants, and to utilize the service of other

3-62

governmental agencies;

3-63

      (6) To accept from a federal agency, loans or grants for use in carrying out its purposes,

3-64

and to enter into agreements with that agency respecting those loans or grants;

3-65

      (7) To acquire, purchase, manage, and operate and hold and dispose of real and personal

3-66

property, to take assignments of rentals and leases, and make and enter into all contracts, leases,

3-67

and agreements necessary or incidental to the performance of its duties;

3-68

      (8) To receive any gifts, grants, or donations made for any of the purposes of its

3-69

program, and to disburse and administer them in accordance with the terms thereof; and

3-70

      (9) To do all acts and things necessary or convenient to carry out the powers expressly

3-71

granted in this chapter.

3-72

      (b) These powers do not remove from the department of environmental management any

3-73

responsibilities for maintaining, operating, and developing the Fort Adams complex State Park as

3-74

an integral part of the state park system.

3-75

      (1) The department of environmental management assumes tort liability for the purpose

3-76

of public access and use of a tour program at the Fort Adams complex State Park, which shall be

3-77

operated by the foundation with oversight by the department. The department in its oversight

3-78

capacity shall be engaged in a governmental function, and in any tort action against the state, the

3-79

damages recovered shall not exceed the sum of one hundred thousand dollars ($100,000) as

3-80

identified in section 9-31-2.

3-81

      (2) In addition to any other requirements mandated by the department of environmental

3-82

management, any contractor hired for the purpose of restoration of the complex shall be required

3-83

to carry liability insurance in the an amount of one million dollars ($1,000,000) to be determined

3-84

by the director.

3-85

     (3) The director may, through regulation or memorandum of agreement, create and

3-86

establish an advisory committee for the Fort Adams State Park.

3-88

SECTION 2. This act shall take effect upon passage.

=======

LC02906

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FORT ADAMS FOUNDATION

***

5-1

     This act would decrease the number of members of The Fort Adams foundation from

5-2

nine to four and would include representation from the Rhode Island historical preservation

5-3

commission, city of Newport, Fort Adams Trust Board of Directors and the DEM division of

5-4

parks and recreation. It would also authorize the director to determine the amount of insurance

5-5

coverage and to create an advisory committee.

5-6

     This act would take effect upon passage.

=======

LC02906

=======