2012 -- S 3035

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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:

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     SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 4.2

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CATEGORY ONE MEMORIAL ITEMS

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     42-4.2-1. Definition of category one memorial item. -- (a) As used in this chapter, a

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category one memorial item shall include a structure, sculpture, inscription, or icon, or similar

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item, which meets the following criteria:

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     (1) Has attained a secular traditional, cultural, or community recognition and/or value;

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     (2) Is located on property that is owned by either the state, a city or town, or any

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instrumentality thereof;

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     (3) Was in existence prior to January 1, 2012; and

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     (4) Is designated as a category one memorial pursuant to section 42-4.2-2.

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     (b) A memorial may, but does not need to be, related to military affairs in order to be

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designated as a category one memorial.

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     (c) The potential identification of an item or the item having recognizable identification

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with a known or established religion shall not exclude the item from being designated as a

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category one memorial item, so long as the provisions of subsection (a) are met.

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     42-4.2-2. Designation of category one memorial item. -- Any elected Rhode Island

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state or municipal official may identify and designate a category one memorial item.

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     42-4.2-3. Declaration of purpose. -- (a) The state of Rhode Island declares that a

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category one memorial item shall not be deemed or viewed as the making of a law regarding the

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establishment of a state religion.

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     (b) The state of Rhode Island further declares that no category one memorial items shall

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be deemed to be in violation of the Rhode Island state constitution, including, but not limited to,

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provisions of Article 1, Section 3 of the state constitution.

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     42-4.2-4. Defense of category one memorial items. -- (a) It shall be the policy of the

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state to defend against any non-governmental challenge to the placement or continued existence

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of any category one memorial item on any state or municipal property. The legal defense shall be

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maintained by the attorney general or an attorney designated by the attorney general. Legal costs

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and attorneys’ fees shall not be awarded to any party prevailing in an action against the state,

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municipality, or instrumentality thereof, or against an official who designates a category one

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memorial item, which challenges the designation or placement of a category one memorial item.

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     (b) The state shall establish and fund a restricted receipt account to provide for the

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defense of and/or challenges to designations of items as category one memorial items. The fund

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shall initially be funded in the amount of one million dollars ($1,000,000).

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     (c) Nothing in this chapter shall be deemed to prevent the lawful alteration, relocation, or

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removal of any category one memorial by a state, a municipality, or any instrumentality thereof.

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     SECTION 2. This act shall take effect upon passage.

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LC02743

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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     This act would provide for the designation of certain memorials as category one

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memorial items. By definition, such memorials would have a secular traditional, cultural, or

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community recognition and/or value, and would not constitute the making of a law regarding the

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establishment of a state religion.

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     This act would take effect upon passage.

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LC02743

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