2013 -- S 1034 SUBSTITUTE A

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LC02906/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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: Immediate Consideration

It is enacted by the General Assembly as follows:

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

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

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

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

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

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renovation, and reconstruction, and use of the historical Fort Adams structure.

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

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

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

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

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

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

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concerning the restoration and use of the Fort Adams structure.

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

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

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

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

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recommendations of the following persons, communities and organizations:

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      (1) Rhode Island historical preservation commission;

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      (2) Newport city council City of Newport;

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      (3) Fort Adams Trust board of directors; and

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

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management division of parks and recreation.;

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      (5) Newport Historical Society;

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      (6) Rhode Island National Guard;

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      (7) Rhode Island economic development corporation;

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      (8) Newport county chamber of commerce; and

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      (9) Preservation society of Newport county.

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

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

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

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architecture and/or engineering.

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

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

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chairperson.

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

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

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business.

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

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

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

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

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

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

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

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

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

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

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

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(4) members.

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

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

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

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

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

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

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

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thereof;

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

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

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governmental agencies;

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

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

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

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

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

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

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

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

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granted in this chapter.

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

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

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an integral part of the state park system.

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

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

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by the foundation with oversight by the department. The department in its oversight capacity shall

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

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

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section 9-31-2.

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

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

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

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by the director.

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

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establish an advisory committee for the Fort Adams State Park.

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SECTION 2. This act shall take effect upon passage.

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LC02906/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FORT ADAMS FOUNDATION

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

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

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

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

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coverage and to create an advisory committee.

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     This act would take effect upon passage.

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LC02906/SUB A

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