|
2012 -- H 8143 | |
|
======= | |
|
LC02567 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
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: | |
|
1-1 |
SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is |
|
1-2 |
hereby amended by adding thereto the following chapter: |
|
1-3 |
CHAPTER 4.2 |
|
1-4 |
CATEGORY ONE MEMORIAL ITEMS |
|
1-5 |
42-4.2-1. Definition of category one memorial item. -- (a) As used in this chapter, a |
|
1-6 |
category one memorial item shall include a structure, sculpture, inscription, or icon, or similar |
|
1-7 |
item, which meets the following criteria: |
|
1-8 |
(1) Has attained a secular traditional, cultural, or community recognition and/or value; |
|
1-9 |
(2) Is located on property that is owned by either the state, a city or town, or any |
|
1-10 |
instrumentality thereof; |
|
1-11 |
(3) Was in existence prior to January 1, 2012; and |
|
1-12 |
(4) Is designated as a category one memorial pursuant to section 42-4.2-2. |
|
1-13 |
(b) A memorial may, but does not need to be, related to military affairs in order to be |
|
1-14 |
designated as a category one memorial. |
|
1-15 |
(c) The potential identification of an item or the item having recognizable identification |
|
1-16 |
with a known or established religion shall not exclude the item from being designated as a |
|
1-17 |
category one memorial item, so long as the provisions of subsection (a) are met. |
|
1-18 |
42-4.2-2. Designation of category one memorial item. -- Any elected Rhode Island |
|
1-19 |
state or municipal official may identify and designate a category one memorial item. |
|
2-20 |
42-4.2-3. Declaration of purpose. -- (a) The state of Rhode Island declares that a |
|
2-21 |
category one memorial item shall not be deemed or viewed as the making of a law regarding the |
|
2-22 |
establishment of a state religion. |
|
2-23 |
(b) The state of Rhode Island further declares that no category one memorial items shall |
|
2-24 |
be deemed to be in violation of the Rhode Island state constitution, including, but not limited to, |
|
2-25 |
provisions of Article 1, Section 3 of the state constitution. |
|
2-26 |
42-4.2-4. Defense of category one memorial items. -- (a) It shall be the policy of the |
|
2-27 |
state to defend against any non-governmental challenge to the placement or continued existence |
|
2-28 |
of any category one memorial item on any state or municipal property. The legal defense shall be |
|
2-29 |
maintained by the attorney general or an attorney designated by the attorney general. Legal costs |
|
2-30 |
and attorneys’ fees shall not be awarded to any party prevailing in an action against the state, |
|
2-31 |
municipality, or instrumentality thereof, or against an official who designates a category one |
|
2-32 |
memorial item, which challenges the designation or placement of a category one memorial item. |
|
2-33 |
(b) The state shall establish and fund a restricted receipt account to provide for the |
|
2-34 |
defense of and/or challenges to designations of items as category one memorial items. The fund |
|
2-35 |
shall initially be funded in the amount of one million dollars ($1,000,000). |
|
2-36 |
(c) Nothing in this chapter shall be deemed to prevent the lawful alteration, relocation, or |
|
2-37 |
removal of any category one memorial by a state, a municipality, or any instrumentality thereof. |
|
2-38 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC02567 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO STATE AFFAIRS AND GOVERNMENT | |
|
*** | |
|
3-1 |
This act would provide for the designation of certain memorials as category one |
|
3-2 |
memorial items. By definition, such memorials would have a secular traditional, cultural, or |
|
3-3 |
community recognition and/or value, and would not constitute the making of a law regarding the |
|
3-4 |
establishment of a state religion. |
|
3-5 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC02567 | |
|
======= |