Chapter 146
2013 -- S 1034 SUBSTITUTE A
Enacted 07/11/13
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- FORT
Introduced By: Senator M. Teresa Paiva Weed
Date Introduced: December 30, 1899
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 42-57-1, 42-57-2, 42-57-3 and 42-57-4 of
the General Laws in
Chapter 42-57 entitled
"Fort Adams Foundation" are hereby amended to read as follows:
42-57-1.
Foundation created. -- The
created a body, corporate and politic, to promote interest in
and to plan, develop, coordinate,
encourage, facilitate, set standards, and programs and projects
relating to the restoration,
renovation, and reconstruction, and use of the
historical
42-57-2.
Purpose. -- In order to achieve the objective and
to carry out the purposes of
this chapter, the foundation shall, in close cooperation
with and through recommendations to the
director of the department of environmental management,
initiate, coordinate, and support
planning, development, and conduct of the programs, and
projects in furtherance of the
restoration and use of
with the purposes of this chapter, and carry out all
responsibilities provided by this chapter
concerning the restoration and use of the
42-57-3.
Organization of foundation. -- (a) The foundation shall consist of the director
of the department of environmental management, or his or
her designee, and nine (9) four (4)
public members, appointed by the governor with the advice
and consent of the senate. In making
appointments under this section, the governor shall solicit and
give due consideration to the
recommendations of the following persons, communities and
organizations:
(1)
(2) Newport
(3)
(4) Artillery
Company of Newport County Chief of the department of environmental
management division of parks and recreation.;
(5)
(6)
(7)
(8)
(9) Preservation
society of
In making appointments
under this section, the governor shall also give due
consideration to the appointment of persons with expertise and
experience in the fields of
American history, military history, historic
preservation, museums, education, historic
architecture and/or engineering.
(b) The membership
of the foundation shall elect from amongst itself a member to
director of the department of environmental management, or his
or her designee shall act as
chairperson.
(c) The power of the
foundation shall vest in and be exercised by or under the authority
of its members, five (5) three (3) of whom
shall constitute a quorum for the transaction of
business.
(d) Employees of the
foundation shall be selected and appointed by the foundation, and
shall be vested with those powers and duties that the
foundation may determine.
(e) All appointed
members of the foundation as of the effective date of this act [June 16,
2006] shall
cease to be members of the foundation as of the effective date of this act [June
16,
2006] but shall be eligible for reappointment
thereafter pursuant to this subsection.
The governor
shall thereupon nominate nine (9) four (4)
members: three (3) one of whom shall serve an initial
terms term of one year; three (3) one
of whom shall serve an initial terms term of two (2)
years;
and three (3) two (2) of whom shall serve
initial terms of three (3) years. Thereafter, all appointed
members shall be appointed to serve three (3) year terms. In
the event the senate is not in session
on the effective date of this act, the governor may make
temporary appointments which shall only
be in effect until such time as the senate reconvenes at
which time the governor shall appoint four
(4) members.
42-57-4.
Powers. -- (a) The
foundation is authorized and empowered:
(1) To adopt by-laws for
the regulation of its affairs and the conduct of its business;
(2) To adopt an
official seal and alter the seal at pleasure;
(3) To maintain an
office at any place or places within the state as it may designate;
(4) To sue and be sued
in its own name, plead and be impleaded.
Service of process in
any action shall be made by service upon the chairperson
of the foundation either in hand or by
leaving a copy of the process at the office of the foundation
with some person having charge
thereof;
(5) To employ
assistants, agents, and other employees that may be necessary or desirable
for its purposes; to contract for and engage consultants,
and to utilize the service of other
governmental agencies;
(6) To accept from a
federal agency, loans or grants for use in carrying out its purposes,
and to enter into agreements with that agency respecting
those loans or grants;
(7) To acquire,
purchase, manage, and operate and hold and dispose of real and personal
property, to take assignments of rentals and leases, and make
and enter into all contracts, leases,
and agreements necessary or incidental to the performance
of its duties;
(8) To receive any
gifts, grants, or donations made for any of the purposes of its
program, and to disburse and administer them in accordance
with the terms thereof; and
(9) To do all acts and
things necessary or convenient to carry out the powers expressly
granted in this chapter.
(b) These powers do not
remove from the department of environmental management any
responsibilities for maintaining, operating, and developing the
an integral part of the state park system.
(1) The department of
environmental management assumes tort liability for the purpose
of public access and use of a tour program at the
by the foundation with oversight by the department. The
department in its oversight capacity shall
be engaged in a governmental function, and in any tort
action against the state, the damages
recovered shall not exceed the sum of one hundred thousand
dollars ($100,000) as identified in
section 9-31-2.
(2) In addition to any
other requirements mandated by the department of environmental
management, any contractor hired for the purpose of
restoration of the complex shall be required
to carry liability insurance in the an
amount of one million dollars ($1,000,000) to be determined
by the director.
(3) The director may,
through regulation or memorandum of agreement, create and
establish an advisory committee for the
SECTION 2. This
act shall take effect upon passage.
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LC02906/SUB A
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