2012 -- S 3035

=======

LC02743

=======

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: Senators Picard, and Cote

     Date Introduced: May 31, 2012

     Referred To: Senate 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.

     

=======

LC02743

========

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.

     

=======

LC02743

=======

S3035