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:

{ADD 42-57-1. Foundation created. -- ADD} The Fort Adams foundation, hereinafter in this chapter called the foundation, is hereby 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, {ADD and ADD} reconstruction, {DEL and operation for public use, instruction, and recreation of the land and buildings and structures located in the city of Newport and known as "Fort Adams," title to which is now held by the state. DEL} {ADD of the historical Fort Adams structure. ADD}

{ADD 42-57-2. Purpose. -- ADD} 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 Fort Adams, provide for all activities in a manner which will be consistent with the purposes of this chapter, and carry out all responsibilities provided by this chapter concerning the restoration and use of {ADD the ADD} Fort Adams {ADD structure ADD} {DEL , and any additional responsibilities relating to the restoration and use of Fort Adams as may be delegated to the foundation by the general assembly DEL}

{ADD 42-57-3. Organization of foundation. -- ADD} (a) The foundation shall consist of one representative who shall be chosen annually and shall serve until his or her successor is chosen by each of the following communities and organizations:

{DEL (1) Town of Jamestown;

(2) Rhode Island historical society;

(3) Preservation society of Newport County;

(4) Newport historical society;

(5) Newport artillery company;

(6) Rhode Island performing arts foundation at Newport;

(7) The fourth ward improvement association of Newport;

(8) The Newport County chamber of commerce, three (3) members of the Rhode Island historical preservation commission, and such other incorporated groups as the executive committee may from time to time select.

(b) The executive committee shall consist of one member who shall be appointed by the governor for a term of three (3) years or until a successor is appointed, one member who shall be appointed by the lieutenant governor for a term of three (3) years or until a successor is appointed, one member who shall be appointed by the speaker of the house of representatives for a term of three (3) years or until a successor is appointed, one member who shall be appointed by the mayor of the city of Newport who shall serve at his or her pleasure, and one member of the Rhode Island historical preservation commission. A vacancy in the office of a member shall be filled by the organization or officer who made the appointment of the member who has vacated the office. No vacancy in the membership of the foundation hereof shall impair the right of the quorum to exercise all rights and perform all of the duties of the foundation. All of the members of the foundation shall serve without pay, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. DEL}

{ADD (1) Director of the department of environmental management or his or her designee;

(2) RIDEM division of parks and recreation;

(3) Rhode Island historical preservation commission;

(4) Member of the Newport city council or its designee;

(5) Senate districts 49 and 50 or their respective designees;

(6) Representative districts 97 and 100 or their respective designees;

(7) Fort Adams Trust;

(8) Artillery Company of Newport County;

(9) Newport Historical Society

(b) The membership of the foundation shall elect from amongst itself a member to act as chairman. ADD}

(c) The power of the foundation shall vest in and be exercised by or under the authority of its members 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 such powers and duties as the foundation may determine.

{ADD 42-57-4. Powers. -- ADD} (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 such 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 such assistants, agents, and other employees as 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 of 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 the same 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 Fort Adams complex as an integral part of the state park system.

{ADD (i) The department of environmental management assumes tort liability for the purpose of public access and use of a tour program at the Fort Adams complex, which shall be operated 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. ADD}

{ADD (ii) 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 amount of one million dollars ($1,000,000). ADD}

SECTION 2. This act shall take effect upon passage.