Title 17

 

 

CULTURAL INSTITUTIONS

 

 

Chapters:

01    American Samoa Cultural Institutions

     02    Samoan Library
     03    Feleti Barstow Public Library

 04    Museum of American Samoa

 05    American Samoa Cultural Arts Academy

 

 

Chapter 01

 

AMERICAN SAMOA CULTURAL INSTITUTIONS

 

Sections:

17.0101       Creation.

17.0102       Appointment of members.

17.0103       Vacancies.

17.0104       Requirement of members.

17.0105       Meetings—Function.

 

17.0101           Creation.

There is created an American Samoa historical commission, which shall consist of 6 members who shall serve for 3-year terms and who may be reappointed.

 

History: 1970, PL 11-97, 1971, PL 12-8 § 1.

 

17.0102           Appointment of members.

The Governor of American Samoa shall ap­point 3 members of the commission and shall name 1 of the members so appointed chair­man. The district governors of each district shall each appoint 1 member.

 

History: 1970, PL 11-97; 1971, PL 12-8 § 1.

 

17.0103           Vacancies.

Any vacancy on the commission shall be filled by appointment by the official authorized to make the original appointment, and any member so appointed shall serve for the remainder of his predecessor’s unexpired term.

 

History: 1970, PL 11-97; 1971, PL 12-8 § 1.

 

17.0104           Requirement of members.

Persons appointed to serve as members of the commission shall be knowledgeable in the his­tory, customs, and traditions of the people of American Samoa.

 

History: 1970, PL 11-97; 1971, PL 12-8 § 1.

 

17.0105           Meetings—Function.

The commission shall meet at such times as the chairman may designate, in order to con­sider and recommend to the Governor programs to promote the study of American Samoa his­tory and culture, to disseminate knowledge and understanding of these subjects to the people of American Samoa and of the United States, and to protect and preserve historical sites and artifacts which play an important or representa­tive role in Samoan life, past or present.

 

History: 1970, PL 11-97.

Title 15 Public Utilities.

 

 

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Chapter 02

 

SAMOAN LIBRARY

 

Sections:

17.0201     Powers and duties of Department of Education.

17.0202     Powers and duties of Treasurer of American Samoa.

17.0203     Feleti Barstow Public Library.

 

 

17.0201   Powers and duties of Department of Education.

(a)  With the exception of the Feleti Barstow Public Library, the Department of Education of the gov­ernment shall be responsible for developing and maintaining free library services for all people residing in American Samoa. These services shall include an exten­sion service to all villages either by bookmobile or village library stations.

(b) The Department of Education is authorized and empowered to request, accept, receive and administer for the government, any funds, books and other library materials appropriated or donated by any donor, including the govern­ment of the United States or any of its depart­ments, boards or bureaus; which are needed to develop and improve public and school libraries with the exception of funds, grants, books and other materials designated for the Feleti Barstow Public Library.

 

History:  1998, PL 25-23.

 

17.0202   Powers and duties of Treasurer of American Samoa.

The Treasurer of the government shall receive and keep all funds appropriated by the govern­ment of the United States under any law pro­viding funds for public and school libraries. He is authorized to make whatever provisions are necessary for keeping the funds, as well as their disbursement.

 

History: 1962, PL 7-15; 1963, PL 8-9.

 

17.0203           Feleti Barstow Public Library.

The library building located at the village of Utulei shall serve as the central library for the Territory of American Samoa and shall be known as the Feleti Barstow Public Library.

 

History:  1998, PL 25-23.

 

 

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Chapter 03

 

FELETI BARSTOW PUBLIC LIBRARY

 

Sections:

17.0301       Establishment of the Feleti Barstow Public Library.

17.0302       Powers and duties of the Feleti Barstow Public Library.

17.0303       Establishment of the public library board.

17.0304       Public library board—Powers and duties.

17.0305       Territorial Librarian.

17.0306       Personnel.

17.0307       Assumption of role.

17.0308       Budget.

17.0309       Fiscal management.

17.0310       Independent audit reports—Consultants—Annual reports.

 

17.0301           Establishment of the Feleti Barstow Public Library.

There is established, as an agency within the Executive branch of government, the Feleti Barstow Public Library.

 

History: 1999, PL 26-3.

 

17.0302           Powers and duties of the Feleti Barstow Public Library.

The Feleti Barstow Public Library:

(a)       may sue and be sued;

(b)      may adopt and use a seal;

(c)       may make contracts, as authorized in this chapter;

(d)      may adopt, amend, and repeal bylaws;

(e)       may purchase or lease and hold personal property it considers necessary or convenient in the transaction of its business, may dispose of personal property held by it in accordance consistent with the laws of the government;

(f)        may, in the name of the government, purchase, lease, or sell real estate, and accept title to that real estate in the name of the government, to accomplish the purposes of this chapter;

(g)       may procure or contract for the procurement of supplies, equipment, materials, personal services other than by employees, and construction with any public or private entity upon terms and conditions as it finds necessary to the full and convenient exercise of its purposes and powers, subject to all applicable laws and rules of American Samoa, and shall receive and account for its inventory of materials;

(h)       shall serve a center for life-long learning, dedicated to meeting the needs of all age groups, unskilled, skilled, and professional workers, students, preschoolers, business, government, elected officials, throughout the Territory;

(i)         shall make available books, periodicals, government publications, audiovisual, video-conferencing, internet, and other educational and cultural materials and provide the physical facilities and equipment to use these materials and services;

(j)        shall serve the informational needs of the general public, department of education staff and the staffs of other departments; and educational, community, businesses and cultural organizations;

(k)      shall maintain a collection of Samoan and other Pacific Islands resources and cooperate with regional libraries and agencies of the Pacific in matters of mutual concern and benefit to the Pacific basin, including the South Pacific Commission, Pacific Forum, Nelson Memorial Library of Samoa, Universities of Guam, Hawaii and Fiji and Pacific resources for education and learning;

(l)         shall encourage life long education, instruct users of the library on the efficient and effective use of library resources and provide information services for social, economic and political development in American Samoa;

(m)     shall be responsible for developing and receiving private and government grants and contributions of money or property which the library may use for or in aid of any of its purposes;

(n)       shall establish fair and reasonable charges for copy services, late book fees, rental of conference rooms with and without video equipment, sale of surplus books and other surplus materials and other income producing activities;

(o)      may adopt other rules pursuant to the Administrative Procedures Act, 4.1001 et seq., not inconsistent with the provisions of this chapter or with the rules of the government, that are necessary and proper for the administration and operation of the public library; and

(p)      shall exercise all other powers not inconsistent with the provisions of this chapter or with the rules of the government, which may be reasonably necessary or incidental to the establishment, maintenance and operation of the public library.

 

History: 1999, PL 26-3

 

17.0303           Establishment of the public library board.

(a)       The public library board is established.  The board shall consist of eight members.  The director of education or his designee, one additional member from the Department of Education, two members from the staff of the American Samoa Community College and at least two members from the private business sector.  Seven members are to be appointed by the Governor with the advise and consent of the Legislature.  The board members shall serve without compensation or other emoluments.  Travel expenses for off island directors or for travel to board approved off island meetings will be reimbursed.

(b)      In order to provide continuity in the work of the board, the term of office of six of the board members shall be for 4 years and shall be so arranged as not to expire at the same time.  Members shall serve until their successor has been qualified.  Vacancies shall be filled in the same manner as original appointments.

 

History: 1999, PL 26-3

 

17.0304           Public library board—Powers and duties.

The public library board, in addition to other provisions of this chapter:

(a)       shall employ a competent and qualified Territorial Librarian;

(b)      shall select its chairman, vice chairman and secretary-treasurer from among its own membership;

(c)       shall develop and adopt written bylaws establishing meeting schedules and procedures, relationship with the Territorial Librarian and staff, selecting committees for specific purposes, defining fiscal procedures and other regulations required for the operations and programs of the library;

(d)      shall determine, pursue and maintain adequate funds to carry on the library programs;

(e)       shall develop, support and participate in a planned public relations program;

(f)        shall approve both the annual budget and fund raising programs and review monthly operating statements submitted by the Territorial Librarian;

(g)       shall require members to attend all board meetings unless ill or excused due to off island travel;

(h)       shall review all policies regarding use of library resources and negotiate policy approvals; and

(i)         shall review, correct if required, and approve the Territorial Librarian’s reports submitted at each meeting.

 

History: 1999, PL 26-3

 

17.0305           Territorial Librarian.

The public library board shall recommend to the Governor a list of three to five candidates, in the order of descending priority, who have received the highest consideration of the board.  The Governor shall appoint the Territorial Librarian only from the proffered list of recommendations.  Subject to government employee laws A.S.C.A 7.0101 et. seq., and rules and procedures of the board, the Territorial Librarian serves at the pleasure of the board.

 

History: 1999, PL 26-3

 

17.0306           Personnel.

All employees of the Feleti Barstow Public Library, except for the Territorial Librarian, are appointed or hired and compensated in accordance with the government employee laws A.S.C.A., 7.0101 et seq., except that the public library board may adopt administrative rules, pursuant to A.S.C.A. 4.1001 et seq. To supplant government employee laws and rules in the specific categories of personnel recruitment, assignment, transfer, employment, termination, of employee services, disciplinary actions, and compensations at levels comparable to higher education and library and learning resource management and employee levels.

 

History: 1999, PL 26-3

 

17.0307           Assumption of role.

The public library board shall assume, upon approval of this act, full responsibility and right to operate all items of property, including any construction, equipment or material purchases in progress, equipment, and machinery used under the previous status of operation by the government intended or designated for the Feleti Barstow Public Library.  All property used jointly by the Feleti Barstow Public Library and the government and grants and other funding available for the Feleti Barstow Public Library are hereby transferred to the Feleti Barstow Public Library.  Future capital contributions to the Feleti Barstow Public Library from the government must be by separate authorization and appropriation.

 

History: 1999, PL 26-3

 

17.0308           Budget.

(a)       The basic source of financing the public library is the government through its regular budget process.  The government shall provide an initial appropriation from local revenues for the FY-1999 operation and programs of the public library.

(b)      The public library board shall submit to the Governor, upon approval of the board, a budget of estimated expenditures for the next fiscal years.  The budget shall contain separate estimates for capital outlay expenses and operational expenses and shall be submitted in such form and detail as may be required by applicable laws and rules of government.

(c)       Each budget shall identify clearly the amount or amounts requested to be appropriated, the amount or amounts available or estimated to be available from gifts, grants, donations, or other sources, and the amount or amounts for which application is being made or is to be made for federal aid.

 

History: 1999, PL 26-3

 

17.0309           Fiscal management.

The Feleti Barstow Public Library is responsible for the management and operation of its fiscal affairs.  It shall establish procedures based on principles of sound bookkeeping and fiscal management, with the approval of the board, for the administration of all accounting systems, including, but not limited, general ledger, fixed assets, accounts receivable, accounts payable, payroll and cash.  The board shall submit quarterly performance reports to the office of planning and budget as required by section 10.0509.

 

History: 1999, PL 26-3

 

17.0310           Independent audit reports—Consultants—Annual reports.

(a)       The public library board shall employ a firm of independent certified public accountants to examine and report each year upon the status of financial records and accounts, and may renew that employment annually.  Copies of these reports shall be furnished by the board to the Governor and the Legislature.

(b)      The public library board may make intergovernmental or contractual agreements for expert consultants to advise or consult with it in all matters related to the operation of the public library, including systems design, plant design, planning, budgeting and legal matters.

(c)       The public library board shall provide an annual report for each fiscal year, which shall include descriptions of financial and programmatic activities of the public library during the year, to the Governor and the Legislature, not later than 31 December.

 

History: 1999, PL 26-3

 

 

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Chapter 04

 

MUSEUM OF AMERICAN SAMOA

 

Sections:

17.0401       Established.

17.0402       Purpose.

17.0403       Funding.

17.0404       Functions.

17.0405       Board of trustees.

17.0406       Limit of obligations—Approval of contracts by Governor.

17.0407       Transfer of artifacts.

17.0408       Theft of objects—Penalty.

 

17.0401           Established.

There is established within the executive branch of the government, under the direction of a board of trustees, the Museum of American Samoa, which shall constitute a nonprofit instrumentality of the government.

 

History: 1971, PL 12-30 § 2; 1999, PL 26-3.

 

17.0402           Purpose.

The purposes of the museum shall be to:

(1) Establish, maintain, acquire and super­vise the collection, study, preservation, interpretation and exhibition of fine art and objects, and such relics, documents, paintings, artifacts and other historical and related materials as will evidence and illustrate the history of the Samoan Islands and the culture of their inhabit­ants, particularly of American Samoa;

(2) interpret Samoan culture in relation to other Polynesian cultures; and

(3) recognize and preserve Samoan cultural values.

 

History: 1971, PL 12-30, § 2; 1999, PL 26-3.

 

17.0403           Funding.

The Legislature of American Samoa hereby states its intention to appropriate such local revenue as may be reasonably necessary to operate the museum of American Samoa.

 

History: 1971, PL 12-30 § 5; 1999, PL 26-3.

 

17.0404           Functions.

The museum of American Samoa is author­ized, acting through the board of trustees, to perform the following functions:

(1) acquire by purchase, lease, gift, loan, or otherwise, and hold, manage and administer, all such property, real or personal, as it deems necessary to carry out its purposes;

(2) accept from the federal government or any other government, organization, body or agency, public or private, services, equipment, supplies, materials or funds by way of gift, loan or grants; provided, that all funds shall be for the purposes of 17.0401 and 17.0402 and no other;

(3)  apply for tax-exempt status;

(4) adopt, amend, and repeal bylaws;

(5) make contracts as authorized, and sue and be sued in its own name;

(6)  adopt and issue such rules and regulations not inconsistent with the provisions of this chap­ter as may be necessary for the operation and maintenance of the museum, and for the con­duct of visitors, patrons and the general public; and

(7) employ such personnel as are deemed necessary by the board of trustees.

 

History: 1971, PL 12-30 § 3; 1999, PL 26-3.

 

17.0405           Board of trustees.

(a)  The Museum of American Samoa shall be managed by a board of trustees consisting of 5 persons, who shall serve for a term of 1 year and be appointed by the Governor.

(b)  The Governor shall appoint 1 of the trustees as chairman.

(c)  The presence of 3 persons shall be neces­sary to constitute a quorum and the vote of the majority of those present shall be necessary to decide any issue.

(d) The trustees shall serve without compen­sation.

(e) A trustee may succeed himself.

 

History: 1971, PL 12-30 § 4; 1999,PL 26-3.

 

17.0406   Limit of obligations-Approval of contracts by Governor.

Nothing in this chapter may be deemed to authorize the museum of American Samoa to obligate the government for expenditures or other amounts in excess of such sums as may be appropriated by the Legislature, or are avail­able through contributed funds or federal funds, nor may the museum mortgage or encumber any of its property. The Governor shall approve all contracts in writing.

 

History: 1971, PL 12-30 § 6; 1999,PL 26-3.

 

17.0407           Transfer of artifacts.

The board may accept all artifacts, objects, and other related historical and cultural materials of the present museum located at govern­ment house, and upon said acceptance cause an inventory to be made of all items so transferred and accepted by the board.

 

History: 1971, PL 12-30 § 7; 1999, PL 26-3.

 

17.0408           Theft of objects-Penalty.

Any person who steals or assists in stealing any pamphlet, map, chart, picture, photograph, engraving, manuscript, statue, coin, model, apparatus, specimen, work of literature, object of art or curiosity deposited in the museum of American Samoa shall be guilty of a misde­meanor and may be fined not more than $1,000, or imprisoned for not more than one year, or both.

 

History: 1971, PL 12-30 § 8; 1999, PL 26-3.

 

 

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Chapter 05

 

AMERICAN SAMOA CULTURAL ARTS ACADEMY

 

Sections:

17.0501       Purpose and policy.

17.0502       Definitions.

17.0503       Establishment of Academy.

17.0504       Board of Governors.

17.0505       Executive director of the academy.

17.0506       Finances.

17.0507       Nonprofit and nonpolitical nature of institute.

17.0508       Tax status—Tort liability.

 

 

17.0501           Purpose and policy.

The Legislature finds that:

(1)  Samoan art, culture and traditions have contributed greatly to the artistic and cultural richness of the Samoan people;          

(2)  Samoan art and culture occupy a unique position in Samoan history as being our only native art form and cultural heritage;

(3)  the enhancement and preservation of Samoan native art, culture and traditions has a fundamental positive influence on Samoans everywhere;

(4)  although the encouragement and support of Samoan arts and crafts are primarily a matter for private initiatives, it is critically imperative that the American Samoa Government also establish as a matter of law, the need to provide for a national institute whereby specific programs are organized to produce needed results for the preservation and enhancement of the Samoan language, a comprehensive Samoan-English dictionary, and the transformation of English words into te Samoan language;

(5)  it is appropriate and necessary for the American Samoa Government to support research and scholarship in Samoan art, culture and traditions and to complement programs for the advancement of such art, culture and traditions by private and public agencies and organizations;

(6)  current initiatives in the area of Samoan cultural arts and traditions are fragmented and inadequate; and

(7)  in order to coordinate efforts to preserve, support, revitalize, and disseminate Samoan art, culture and tradition it is therefore necessary for the American Samoa Government to establish a Samoan cultural arts academy for that purpose.

 

History:  2000, PL 26-32.

 

17.0502           Definitions.

As used in this chapter, unless the context clearly requires otherwise:

(1)  “Samoan art, culture and traditions” means, but is not limited to, the traditional and contemporary expressions of Samoan language, history, anthropology, archaeology, linguistics, music, social institutions, more/values, legends, mythologies, and other related studies, research and analyses that pertain to the Samoan culture and traditions.

(2)  “Academy” means the academy established to promote and enhance the objectives and purposes of this Act.

(3)  “Board” means the board of governors of the academy established under this act.

(4)  “Samoan” means any person who is of Samoan ancestry and who actively participates and engages in the practice of Samoan culture, language arts and traditions.

(5)  “Governor” means the governor of American Samoa.

(6)  “Legislature” means the Legislature of American Samoa.

 

History:  2000, PL 26-32.

 

17.0503           Establishment of academy.   

(a)  In general:  There is established a non-profit and semi-independent corporation to be known as the “American Samoa Cultural Arts Academy”, which shall be under the direction and control of a board of governors established under this act.

(b)  Succession and amendment of charter.  The corporation established under this act shall continue in existence until dissolved by an act of the American Samoa Government.

 

History:  2000, PL 26-32.

 

17.0504           Board of Governors.

(a)   Composition.

(1)  The voting members of the Board of Governors of the academy shall be:

(1)  Secretary of Samoan Affairs.

(2)  District Governor of Manu’a.

(3)  District Governor of the Eastern District.

(4)  District Governor of the Western District.

(5)  Chairman, Senate committee on Samoan Affairs.

(6)  Chairman, House committee on Samoan Affairs.

(7)  President, American Samoa community college.

(8)  Chairman, American Samoa arts council.

(9)  Chairman, American Samoa humanities council.

(2)  The non-voting members of the board of governors of the academy shall be:

(1)  Governor of American Samoa

(2)  Lieutenant Governor of American Samoa

(3)  Chief Justice of the High Court of American Samoa

(4)  President of the Senate

(5)  Speaker of the House of Representatives

(6)  American Samoa’s representative to the U.S. House of Representatives

(7)  Territorial Historic Preservation Officer

(8)  Territorial archivist

(9)  Superintendent of the National Park of American Samoa

(b)  Terms of office.  Members of the board shall serve in accordance with their appointments or election into the offices or positions to which they are officially appointed or elected.  Non-voting members may actively participate in board meetings.

(c)  Vacancies.  A vacancy occurs when a member is removed for cause or no longer serves in one of the positions listed in subsection (a).  Any vacancy shall be filled when a successor is appointed or elected to the then vacant position.

(d)  Removal.  No member of the board may be removed during the term of office of such member except for just and sufficient cause.

(e)  Chairman and other officers: call of meetings.

(1)  The chairman and vice chairman shall be selected from the members of the board, and shall serve at the pleasure of the board.

(2)  The Secretary of Samoan Affairs shall call the first meeting of the board no later than two months after the effective date of this act.  The chairman and vice-chairman shall be selected at this first meeting.

(3)  The board may select other officers as may be necessary.

(4)  The chairman may call meetings of the board as he or she deems beneficial, and must call a meeting of the board within 10 days at the written request of any 5 voting members.

(f)   Support staff.  Secretarial and administrative staff support for the purposes of maintaining a proper records, financial reports and all important decisions of the board shall be provided through the office of the President of the American Samoa Community College, until established otherwise by the board.

(g)  Powers.  The board is hereby authorized to conduct the following:

(1)  to achieve to the maximum extent possible, the findings contained in this act;

(2)  to establish a duly organized program whereby the Samoan language is given under study to the fullest extent possible in terms of origin and meanings, diction, grammar, and usage of Samoan words and the Samoan language.  This program shall be called the “Samoan language institute”;

(3)  to establish an organized program to properly transform as many words as practical of the English language into words of the Samoan language.  This program shall be designated the “Samoan-English words transformation institute”;

(4)  to organize and establish a program whereby a comprehensive Samoan-English dictionary text be written and compiled.  This program shall be called the “Samoan-English dictionary institute”;

(5)  to properly screen, review and give approval, support or non-support of proposals that claim expertise on Samoan culture;

(6)  to establish a cultural center;

(7)  to direct and manage the academy;

(8)  to adopt a corporate seal and logo;

(9)  to make agreements and contracts with persons, private or governmental entities and to make payments or advance payments under such agreements;

(10) to sue and be sued in its corporate name and to complain and defend in any court of competent jurisdiction;

(11) to represent itself, or to contract for representation, in all judicial, legal, and other proceedings;

(12) to solicit, accept, and dispose of gifts, bequests, devises of money, securities, and other properties of whatever character, for the benefit of the academy;

(13) to receive grants from, and enter into contracts and other arrangements with, federal, state, or local government, public and private agencies, organizations, institutions, and individuals;

(14) to acquire, hold, maintain, use, operate, and dispose of such real property, including improvements thereon, personal property, equipment, and other items, as may be necessary to enable the board to carry out the purposes of this act.

(15) to obtain insurance to cover all activities of the academy including coverage relating to property and liability, or make other provisions against losses;

(16) to exercise all lawful powers necessarily or reasonably related to the establishment of the academy in order to carry out the provisions of this act and the exercise of the powers, purposes, functions, duties, and authorized activities of the institute.

(h)  Accounting and audit reports.  The executive director, through the board, shall be responsible for the submission of an annual audit report of all official expenses, assets, liabilities and financial operations.  The report shall be submitted to appropriate federal and local agencies, and major private donors.  The report shall be made available to any person or organization who has an interest in the activities of the academy.

(i)   Interest and income.  Interest and earnings on amounts received by the academy shall be the property of the academy and shall be expended to carry out the purposes of this act.  The board shall be held to a reasonable and prudent standard of care, given such information and circumstances as existed when decisions are made.

 

History:  2000, PL 26-32.

 

17.0505           Executive director of the academy.

(a)  First executive director.  After the first organizational meeting of the board and for no more than 2 years thereafter, the President of the American Samoa Community College shall serve as the interim executive director.

(b)  Other executive directors.  No more than two years after the initial meeting of the board, the board shall appoint an executive director.

(c)  Duties of the executive director.  The executive director is responsible for the administration of the policies and functions of the academy as determined by the board.  The executive director shall be responsible for the preparation and submission of an audit and annual financial report which shall include statements of all significant financial activity, as well as its assets and liabilities.

(d)  Compensation.  The Executive director and clerical staff shall be compensated as determined by the board.

 

History:  2000, PL 26-32.

 

17.0506           Finances.

All funds received by the Institute from any source whatsoever, shall be deposited in an account or accounts at a federally-insured banking or savings institution.

 

History:  2000, PL 26-32.

 

17.0507           Nonprofit and nonpolitical nature of institute.

(a)  Stock.  The academy shall have no power to issue any shares of stock or to declare or pay any dividends.

(b)  Nonprofit nature.  No part of the income or assets of the academy shall insure to the benefit of any board member or employee, or any other individual except as salary or reasonable compensation for services.

(c)  Nonpolitical nature.  The academy shall not contribute to, or otherwise support, any political party or candidate for elective public office.

 

History:  2000, PL 26-32.

 

17.0508           0Tax status—Tort liability.

(a)  Tax status.  The academy and the franchise, capital, reserves, income, and property of the academy shall be exempt from all taxation now or hereafter imposed by the American Samoa Government.

(b)  Tort liability.  The academy shall be subject to liability relating to tort claims to the same extent as other eleemosynary or nonprofit corporations.

 

History:  2000, PL 26-32.

 

 

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