Chapter
228
2005 -- H 6164 SUBSTITUTE B AS AMENDED
Enacted 07/09/05
A N A C T
RELATING TO
SEPARATION OF POWERS
Introduced By:
Representatives E Coderre, Crowley, Almeida, Gemma, and Kilmartin
Date Introduced: March 03, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 24-15-2 and 24-15-10 of the General Laws in Chapter 24-15
entitled
"Scenic Highways" are hereby amended to read as follows:
24-15-2.
Definitions. -- As used in this chapter:
(1)
"Board" means the scenic roadways board in the department of
transportation.
(2)
"Commission" means the scenic highway commission as established in
this chapter.
(3)
"Director" means the director of the department of transportation.
(4)
"Municipality" means a city or town.
24-15-10.
Creation of board. -- There is hereby authorized, created and
established
within
the executive department of transportation a scenic roadways
board consisting of eleven
(11)
members as follows: one member shall be the director of the department of
transportation or
his
or her designee who shall be a subordinate within the department of
transportation; one
member
shall be the director of the department of environmental management or his
or her
designee
who shall be a subordinate within the department of environmental management; one
member shall
be the appointed by the governor, who shall give due consideration to a
recommendation
from the chairperson chair of the historic preservation commission;
one member
to shall be designated appointed by the
governor with the advice and consent of the senate giving
due
consideration to the recommendation of
by the audubon society of Rhode Island Grow Smart
Rhode
Island; one member to be appointed
by the president of the senate; one member to be
appointed
by the senate minority leader; one member to be appointed by the speaker of the
house
of
representatives; one member to be appointed by minority leader of the house of
representatives
and one member to shall be designated
appointed by the governor with the advice and consent of
the
senate giving due consideration to the recommendation of by the Rhode Island builders
association.
The governor shall appoint two (2) members of the public to serve on the board
as
follows:
one member to serve until the first day of June, 1986, and one member to serve
until the
first
day of June, 1987, and all members shall serve until their successors are
appointed and
qualified.
In the month of May, 1986, and in the month of May in each year thereafter, the
governor
shall appoint successors to the public members of the board whose terms shall
expire in
such
year, to hold office commencing on the first day of June in the year of
appointment and until
the
first day of June in the third year of their respective appointments; six (6) members shall be
appointed
by the governor from the general public with the advice and consent of the
senate. In
making
these appointments, the governor shall take into consideration the impact on
the local
communities.
The governor shall give due consideration to members of local land trusts,
chamber
of commerce recommendations and shall also consider the need for individuals
with
expertise
in landscape architecture, community planning, and/or transportation engineers
with
experience
with traffic calming and flexible design policies. The members shall be chosen
as far
as is
reasonably practicable to represent geographical diversity and communities
where
designated
scenic roadways exist. During the month of January, in each year the governor
shall
appoint
a member to succeed the departing member. The newly appointed member shall
serve for
a
term of three (3) years or until
their respective successors are appointed and qualified. The
members
of the board shall be eligible to succeed themselves. Any vacancy of a public member
which may
occur in the board shall be filled by appointment by the governor for the
remainder of
the
unexpired term. in the same manner as the members predecessor as
prescribed in this section.
Each
ex-officio member of the board may designate a subordinate within his or her
department or
agency
to represent him or her at all meetings of the board. Beginning June 28, 1985, the
members
of the board shall meet at the call of the director of the department of
transportation and
organize
and shall select among themselves a chairperson. Immediately upon passage of
this bill,
and
every two (2) years thereafter, the members of the board shall meet at the call
of the director
of
transportation and elect among themselves a chairperson and vice chairperson
who shall hold
office
for two (2) years. The membership of
the board shall receive no compensation for their
services,
and shall not be reimbursed for any expenses. Those members of the board as
of the
effective
date of this act who were appointed to the board by members of the general
assembly
shall
cease to be members of the board on the effective date of this act, and the
governor shall
thereupon
appoint the four (4) new members as prescribed in this section. Those members
of the
board
as of the effective date of this act who were appointed to the board by the
governor shall
continue
to serve the balance of their current terms. Upon the expiration of the term of
the
member
representing the Audubon Society of Rhode Island, the governor shall appoint a
new
member,
and shall give due consideration to the recommendation of Grow Smart Rhode
Island.
Thereafter,
the appointments shall be made by the governor as prescribed in this section.
No one
shall
be eligible for appointment unless he or she is a resident of this state. The
director of the
department
of transportation shall direct staff to support the board within the
constraints of
available
resources.
SECTION
2. Chapter 24-15 of the General Laws entitled “Scenic Highways” is hereby
amended
by adding thereto the following sections:
24-15-10.1.
Chair Quorum and Removal for Cause. -- Chair, quorum and removal
for
cause. -- (a) Upon the passage
of this act and the appointment and qualification of the four (4)
new members
prescribed in section 24-15-10, the board shall meet at the call of the
director of
transportation
and shall elect from among the members a chair and a vice-chair. Thereafter,
the
board
shall annually elect in February a chair and a vice-chair from among the
members. The
board
may elect from among its members such other officers as it deems necessary.
(b)
Six (6) members of the board shall constitute a quorum, and a majority vote of
those
present
and voting shall be required for action.
(c)
Members of the board shall be removable by the governor pursuant to section
36-1-7
of
the general laws and for cause only, and removal solely for partisan or
personal reasons
unrelated
to capacity or fitness for the office shall be unlawful.
24-15-10.2.
Powers and duties -- In addition to the duties and powers conferred
upon the
board
by this chapter, it has the following additional duties and powers:
(1)
To conduct a training course for newly appointed and qualified members and new
designees
of ex-officio members within six (6) months of their qualification or
designation. The
course
shall be developed by the chair of the board, approved by the board, and
conducted by the
chair
of the board. The board may approve the use of any board or staff members or
other
individuals
to assist with training. It shall include instruction in the following areas:
the
provisions
of chapters 25-15, 42-46, 36-14 and 38-2; and the board’s rules and
regulations. The
director
of the department of administration shall, within ninety (90) days of the
effective date of
this
act, prepare and disseminate training materials relating to the provisions of
chapters 42-46,
36-14
and 38-2.
(2)
To approve and submit, an annual report within ninety (90) days after the end
of each
fiscal
year to the governor, the speaker of the house of representatives, the
president of the senate,
and
the secretary of state of its activities during that fiscal year. The report
shall provide: an
operating
statement summarizing meetings or hearings held, including meeting minutes, subjects
addressed,
decisions rendered, applications considered and their disposition, rules or
regulations
promulgated,
studies conducted, policies and plans developed, approved, or modified, and
programs
administered or initiated; a consolidated financial statement of all funds
received and
expended
including the source of the funds, a listing of any staff supported by these
funds, and a
summary
of any clerical, administrative or technical support received; a summary of
performance
during
the previous fiscal year including accomplishments, shortcomings and remedies;
a
synopsis
of any legal matters related to the authority of the board; a summary of any
training
courses
held pursuant to this section; a briefing on anticipated activities in the
upcoming fiscal
year;
and findings and recommendations for improvements. The report shall be posted
electronically
as prescribed in section 42-20-8.2. The director of the department of
administration
shall be responsible for the enforcement of this provision.
SECTION
3. Sections 42-45-2, 42-45-3 and 42-45-5 of the General Laws in Chapter 42-
45
entitled "Rhode Island Historical Preservation and Heritage
Commission" are hereby amended
to read
as follows:
42-45-2.
Creation of commission -- Members. -- (a) There is hereby created
within the
executive
department an historical preservation and heritage commission consisting of eighteen
(18) fifteen (15) members as follows: ten (10)
shall represent the public and shall be appointed by
the
governor as herein provided. Of the ten (10) public members, at least one shall
possess
background
and qualifications of an historian, one an archaeologist, one an architect, or
an
architectural
historian, one a museologist, and one an anthropologist, one a landscape
historian or
landscape
architect, and one a representative of a private nonprofit historic
preservation
organization.
Seven (7) Five (5) members shall consist of: the director of the
Rhode Island
Economic
Development Corporation; the director of the department of environmental
management;
the associate director of administration for planning; the state building
commissioner,
and the state historic preservation officer, each of whom shall serve ex
officio as
nonvoting
ex-officio members. ; the
chairperson of the house finance committee or a member of
the
house finance committee designated by the chairperson; and the chairperson of
the senate
finance
committee or a member of the senate finance committee designated by the
chairperson.
One
member shall be selected by the heritage subcommittee from among its members. The
governor
shall appoint the public members of the commission as follows: two (2) members
to
serve
until the first day of June, 1970, three (3) members to serve until the first
day of June, 1971,
and four
(4) members to serve until the first day of June, 1972, and all members shall
serve until
their
successors are appointed and qualified. In the month of May, 1970, and in the
month of May
in each
year thereafter, the governor shall appoint successors to the public members of
the
commission
whose terms shall expire in that year, to hold office commencing on the first
day of
June in
the year of appointment and until the first day of June in the third year after
their
respective
appointments or until their respective successors are appointed and qualified.
Any
vacancy
of a public member which may occur in the commission shall be filled by
appointment
by the
governor for the remainder of the unexpired term. All gubernatorial
appointments made
pursuant
to this subsection after the effective date of this act shall be subject to the
advice and
consent
of the senate. No person shall be eligible for appointment to the commission
unless he or
she
is a resident of the state. Each ex
officio member of the commission may designate a
subordinate
within his or her department or agency to represent him or her at all meetings
of the
commission.
Members of the commission shall be eligible to succeed themselves.
(b) There shall be a Heritage subcommittee of the commission consisting of
twenty-five
(25)
members appointed by the governor broadly representing various ethnic,
religious, historic,
educational,
cultural, social, military, and maritime heritages for the state. Five (5)
commissioners
will
be appointed for a term of one year, ten (10) commissioners will be appointed
for a term of
three
(3) years, ten (10) commissioners will be appointed for a term of five (5)
years, all
subsequent
appointments of commissioners shall be for three (3) year terms.
(c)
Members of the commission and members of the subcommittee holding office upon
passage
of this article shall continue in office until their successors are appointed
and qualified.
(b)
Members of the commission shall be removable by the governor pursuant to
section
36-1-7
of the general laws and for cause only, and any removal solely for partisan or
personal
reasons
unrelated to capacity or fitness for the office shall be unlawful.
42-45-3.
Officers of the historical preservation and heritage commission. -- The
commission
shall annually elect from its members a chairperson and secretary. Five (5)
Six (6)
voting members of the commission shall constitute a quorum,
and no vacancy in the membership
of the
commission shall impair the right of a quorum to exercise all the rights and
perform all of
the duties
of the commission. Meetings of the commission shall be held upon the call of
the
chairperson,
or a majority of the commission, upon due written notice mailed or delivered at
least
forty-eight
(48) hours in advance of the meeting.
42-45-5.
Powers and duties. -- (1) The commission shall:
(a) Establish criteria for evaluating historical, architectural, or cultural
sites, buildings,
places,
landmarks, or areas so as to determine their value in terms of national, state,
or local
importance
and to adjudge their worthiness for inclusion in the state register;
(b) Compile, maintain, and publish a state register of historical,
architectural, and
cultural
sites, buildings, places, landmarks, and areas which shall be revised every two
(2) years.
The
state, a city or town, or any subdivision or instrumentality thereof shall not
undertake, fund,
or
license any activity which will encroach upon, damage, or destroy, physically,
visually, or
environmentally,
any site, building, place, landmark, or area included in the state register
without
first
obtaining the advice of the historical preservation and heritage commission.
The commission
shall
advise the party proposing an activity affecting any item in the state register
of its opinion in
writing,
together with any maps, drawings, photographs, or material necessary to explain
or
support
its advisory. If a written advisory is not given within sixty (60) days of
receipt of notice
of a
proposed activity, the commission shall be deemed to approve the proposal. If
more than
sixty
(60) days are needed to evaluate a proposed activity and render an advisory,
arrangements
for a
reasonable extension shall be made by the commission and the party proposing
the activity.
Advisories
rendered by the commission on any proposed activity affecting an item on the
state
register
shall be followed unless there are compelling reasons for not doing so. In
these cases, a
statement
of the reasons, together with a copy of the commission's advisory, shall be
submitted to
the
governor for final determination;
(c) (i) Assist and advise the department of administration and other
appropriate agencies
designated
by the governor in preparing that element or elements of the state guide plan
dealing
with
plans and programs for the preservation of historic sites and structures.
(ii) There shall also be included in such state guide plan a program for
preservation of
historic
landscapes, and state land-use planning which shall consider the impact of land-use
on
historic
landscapes. To assist in preparation of those elements of the state guide plan
dealing with
the
preservation of historic landscapes, the commission shall prepare and maintain
a statewide
inventory
of historic landscapes.
(d) Prepare statewide plans or programs for the preservation of sites or
structures
included
in the state register which shall list the methods, practices, and procedures
to be used in
preserving
or according recognition to sites or buildings. The plans or programs shall be
a part of
the
state guide plan;
(e) Cause to be prepared plaques or markers made of some suitable material to
be erected
on, or
affixed to with the permission of the owner, in a conspicuous place, those
sites or buildings
determined
worthy of inclusion in the state register;
(f) Acquire or receive, by purchase, gift, or otherwise, with the approval of
the governor
in the
case of a gift and in accordance with chapter 6 of title 37 in other cases,
land or any interest
in land and/or
buildings which have been designated in the state register for the purpose of
preserving
the land and/or buildings; hold and maintain them, and give custody of the
acquisitions
for the purpose of preserving, maintaining, or exhibiting them to qualified
nonprofit
organizations
with due regard for the interest of the state and the public in the property;
(g) Grant or loan funds to towns or cities or private groups of funds made
available
therefor
by the state or federal government, for the purpose of acquiring, restoring,
relocating, or
otherwise
preserving land or buildings designated in the state register;
(h) Receive on behalf of the state such grants or loans as may be made by the
federal
government
or by private persons or groups for the purposes of this chapter, and it shall
be the
designated
agency of the state in applying for these grants;
(i) Inventory and catalog all buildings, sites, objects, and artifacts of
historical,
architectural,
or archaeological interest which are within the custody or jurisdiction of the
departments
and agencies of state government. This inventory and catalog shall include
buildings,
ruins,
and other structures, monuments, paintings, photographs, flags, furniture,
clothing, military
equipment
and uniforms, archaeological materials, and all other articles of historic,
architectural,
or
archaeological interest. All departments and agencies will assist the
commission in making this
inventory
and catalog. The commission shall inform each department and agency of those
items
contained
in the inventory which are within its custody or jurisdiction by furnishing
copies of the
catalog
or an extract thereof to each department and agency concerned. Copies of all
amendments
to the
catalog, or extracts thereof, shall also be furnished to each department and
agency
concerned;
(j) Advise the department and agencies of state government of the
appropriateness,
suitability,
proper procedures, and other safeguards which should be observed in preserving,
displaying,
or using items contained in the catalog of articles of historic, architectural,
or
archaeological
interest. When notified of any proposal to physically alter, change the
location or
method
of storage, or change the manner of utilization or public accessibility, or to
otherwise
significantly
affect any item listed in the catalog, the commission shall advise the
responsible
agency
in writing, accompanied by any maps, drawings, photographs, or other
explanatory
material
necessary. If a written advisory is not given within sixty (60) days of receipt
of a notice
of
proposed action, the commission shall be deemed to approve the proposal. If
more than sixty
(60)
days are needed to evaluate a proposal and render an advisory, arrangements for
a reasonable
extension
shall be made by the commission and the department or agency concerned.
Advisories
given by
the commission in accordance with this section shall be followed by the
department or
agency
concerned unless there are compelling reasons for not doing so. In these cases,
a
statement
of the reasons, together with a copy of the commission's advisory, shall be
submitted to
the
governor for determination;
(k) Survey the use or occupancy of all state-owned buildings or sites which are
of
historic,
architectural, or archaeological interest. The commission shall make
recommendations to
the
director of administration concerning the appropriate use and availability of
public access of
each
building and site, so that these may be utilized and displayed in a manner in
keeping with
their
historic, architectural, or archaeological value;
(l) Appoint a state review board from among its own members and such other
persons as
it may
desire, one of whom shall possess the background and qualifications of an
historian, one of
whom
shall be an architect or architectural historian, and one of whom shall be an
archaeologist
as
required by the office of archaeology and historic preservation in the national
park service. The
state
review board shall approve nominations to the state and national registers of
historic places,
approve
the removal of properties from either register, and otherwise act in an
advisory capacity
to the
historical preservation and heritage commission. ;
(m) To implement a state-owned historic properties program, to provide
technical
assistance
to agencies with jurisdiction over historic properties, and review proposed
alterations
to
state-owned historic properties; the commission shall develop in conjunction
herewith the
educational
materials to implement these programs; and
(n) To reorganize the operation of and assume the supervisory responsibility
for the
following
structures: the old State House, Benefit Street arsenal, Stephen Hopkins house
(Providence),
Bristol court house (Bristol), Kent County court house (East Greenwich). For
purposes
of this subdivision, the commission shall appoint from its own members a
historic sites
division
which shall implement the duties of this subdivision. ;
(o)
To promote heritage by sponsoring and or coordinating heritage festivals;
conducting
and/or
sponsoring heritage seminars, conferences, and symposiums; publishing scholarly
and
popular
works relating to the social, political, and cultural development of the state;
coordinating
programs
with other private or public groups or agencies which will meet the cultural
needs of
Rhode
Island's citizens; observing important events in the state's history with
suitable
celebrations;
and funding projects and programs of public or private groups or agencies which
relate
to the heritage of Rhode Island and its people;
(p)
To conduct a training course for newly appointed and qualified members and new
designees
of ex-officio members within six (6) months of their qualification or
designation. The
course
shall be developed by the chair of the commission, approved by the commission,
and
conducted
by the chair of the commission. The commission may approve the use of any
commission
or staff members or other individuals to assist with training. It shall include
instruction
in the following areas: the provisions of chapters 25-15, 42-46, 36-14 and 38-2;
and
the
commission’s rules and regulations. The director of the department of
administration shall,
within
ninety (90) days of the effective date of this act, prepare and disseminate
training materials
relating
to the provisions of chapters 42-46, 36-14 and 38-2; and
(q)
To submit within (90) days after the end of the fiscal year an annual report to
the
governor,
the speaker of the house of representatives, the president of the senate, and
the
secretary
of state of its activities during that fiscal year. The report shall provide:
an operating
statement
summarizing meetings or hearings held, including meeting minutes, subjects
addressed,
advisories
rendered under subsection 42-45-5(1)(b), advisories rendered for activities to
be
undertaken
by departments and agencies of the state under subsection 42-45-5(1)(j),
studies
conducted,
policies and plans developed in order to assist other state agencies in
preparing
elements
of the state guide plan, plans or programs developed for the preservation of
sites or
structures
included in the state register, and any other programs administered or
initiated
including
any assistance or training provided agencies with jurisdiction over historic
places; a
consolidated
financial statement of all funds received and expended including the source of
the
funds,
grants or loans to towns, cities or private groups, a listing of any staff
supported by these
funds,
and a summary of any clerical, administrative or technical support received,
and a
summary
of any land or interest in land and/or buildings received during the fiscal
year; a review
of
the inventories complied as required in subsections 42-45-5(1)(b),
42-45-5(1)(c)(ii), and 42-
45-5(1)(h)(i); a summary of
performance during the previous fiscal year including
accomplishments,
shortcomings and remedies; a synopsis of any legal matters related to the
authority
of the commission; a summary of any training courses held pursuant to
subsection 42-
45-5(1)(p);
a briefing on anticipated activities in the upcoming fiscal year; and findings
and
recommendations
for improvements. The report shall be posted electronically as prescribed in
section
42-20-8.2. The director of the department of administration shall be
responsible for the
enforcement
of this provision.
(2) Whenever a public hearing on any project involving state or local
governmental
funds or
a federal grant or loan is held, notice of it shall be sent to any historic
district
commission
in the city or town and to the Rhode Island historical preservation and
heritage
commission,
together with a map indicating the area and the type of project to be discussed
at the
hearing.
Whenever an urban project plan is prepared through the use of, or contemplating
the use
of,
state or local governmental funds, a copy shall be transmitted to the Rhode
Island historical
preservation
and heritage commission.
SECTION
4. Sections 42-45-3.1 and 42-45-6 of the General Laws in Chapter 42-45
entitled
"Rhode Island Historical Preservation and Heritage Commission" are
hereby repealed.
42-45-3.1.
Officers of the heritage subcommittee. -- The governor shall
appoint from
the
heritage subcommittee members a chairperson to serve at the pleasure of the governor.
A vice
chairperson
and a secretary will be elected from and by the subcommittee body for a term of
one
year.
42-45-6.
Purpose of heritage subcommittee. -- The purposes of the
heritage
subcommittee
shall include but not be limited to:
(1) Sponsoring and/or coordinating heritage festivals;
(2) Conducting and/or sponsoring heritage seminars, conferences, and
symposiums;
(3) Publishing scholarly and popular works relating to the social, political,
and cultural
development
of the state;
(4) Coordinating programs with other private or public groups or agencies which
will
meet
the cultural needs of Rhode Island's citizens;
(5) Observing important events in the state's history with suitable
celebrations; and
(6) Funding projects and programs of public or private groups or agencies which
relate
to
the heritage of Rhode Island and its people.
SECTION
5. Section 45-24.1-3 of the General Laws in Chapter 45-24.1 entitled
"Historical
Area Zoning" is hereby amended to read as follows:
45-24.1-3. Creation
of commission authorized – Membership appointment – Term of
office.
-- (a) In order to carry out the purposes of this chapter
any city or town council has have
the
authority to create a commission called the historic district commission. The
membership of a
commission
in a city shall consist of seven (7) qualified members, and in a town shall
consist of
not less
than three (3) nor more than seven (7) qualified members, whose residence is
located in
the city
or town; provided, that the historic district commission of the city of Newport
shall
consist
of nine (9) qualified members, and provided, that the historic district
commission of the
city of
Providence shall consist of thirteen (13) eleven (11) qualified
members, two (2) of whom
shall be
members of the city council elected by the city council from its councilmanic
members to
serve
for a term of four (4) years, and two (2) of whom shall be members of the
general assembly
elected
from the city of Providence, one to be appointed from the senate by the
president of the
senate
and one to be appointed from the house by the speaker. In a city the members shall be
appointed
by the mayor, except as provided in the case of the historic district
commission of the
city of
Providence, and in a town, by the president of the town council. Members of
an historic
district
commission shall be residents of the city or town.
(b)
The appointed members of the commission shall be appointed for three (3) year
terms,
except the initial appointments of some of the members shall be for less than
three (3)
years so
that the initial appointments are staggered and so that subsequent appointments
do not
reoccur
at the same time.
(c)
Any city or town has the right to name an auxiliary member of the commission
appointed
in addition to the regular members of the commission. The auxiliary member
shall sit
as an
active member, upon the request of the chairperson chair, when
and if a regular member of
the
commission is unable to serve at any meeting of the commission.
(d)
Appointed members of the commission are eligible for reappointment, and, upon
the
expiration of their term, shall continue to serve until replaced unless
otherwise provided for in
local
law.
(e)
In the event of a vacancy on the commission, interim appointments of appointed
members
may be made by the appointing authority to complete the unexpired term of the
position.
(f)
Organized and existing preservation societies may present to the appointing
authority
of a city or town a list of qualified citizens, from which list the appointing
authority may
select
members of the commission for his or her respective city or town.
(g) Members of a commission shall serve without compensation.
SECTION
6. Severability. If any provision of this act or application thereof to any
person
or circumstances
is held invalid, such invalidity shall not affect other provisions of
applications of
this
act, which can be given effect without the invalid provision or application,
and to this end the
provisions
of this act are declared to be severable.
SECTION. 7 This act shall
take effect upon passage.
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LC02689/SUB B
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