2015 -- H 5942

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LC001757

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

     

     Introduced By: Representatives Fellela, Ucci, Winfield, Carnevale, and Serpa

     Date Introduced: March 19, 2015

     Referred To: House Veterans` Affairs

     (Emergency Management Agency)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 30-15-5 and 30-15-6 of the General Laws in Chapter 30-15

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entitled "Emergency Management" are hereby amended to read as follows:

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     30-15-5. Emergency management preparedness agency created -- Personnel --

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Facilities. -- (a) There is hereby created within the executive department, the Rhode Island

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emergency management agency (hereinafter in this chapter called the "agency"), to be headed by

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an executive a director, who shall be appointed by and serve at the pleasure of, the governor, and

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who shall be in the unclassified service.

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      (b) The executive director may employ such technical, clerical, stenographic, and other

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personnel, all of whom shall be in the classified service, and may make such expenditures within

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the appropriation therefor, or from other funds made available for the purposes of this chapter, as

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may be necessary to carry out the purposes of this chapter, consistent with other applicable

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provisions of law.

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      (c) The agency may provide itself with appropriate office space, furniture, equipment,

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supplies, stationery, and printing.

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      (d) The executive director, subject to the direction and control of the governor, shall be

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the executive head of the agency, and shall be responsible to the governor for carrying out the

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program for disaster preparedness of this state. The executive director shall coordinate the

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activities of all organizations for disasters within the state, and shall maintain liaison with and

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cooperate with disaster agencies and organizations of other states and of the federal government.

 

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The executive director shall have such additional authority, duties, and responsibilities authorized

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by this chapter as may be prescribed by the governor.

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     (e) Wherever in the general or public laws, or any rule or regulation, any reference to the

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"executive director" shall appear, it shall be deemed to mean and shall mean "the director."

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     30-15-6. Advisory council. -- (a) There is hereby created the Rhode Island emergency

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management advisory council (hereinafter in this chapter called the "council"). The council will

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consist of forty (40) members as follows:

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      (1) Twenty-two (22) ex officio members as follows:

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      (i) The lieutenant governor;

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      (ii) The adjutant general;

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      (iii) The director of administration/statewide planning;

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      (iv) The director of health;

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      (v) The director of transportation;

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      (vi) The director of human services;

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      (vii) The superintendent of state police;

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      (viii) The public utilities administrator;

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      (ix) The director of the department of environmental management;

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      (x) The director of department of behavioral healthcare, developmental disabilities and

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hospitals;

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      (xi) The director of elderly affairs;

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      (xii) The chairperson of the state water resources board;

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      (xiii) The chairperson of the governor's commission on disabilities;

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      (xiv) The chairperson of the Rhode Island public transit authority;

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      (xv) The executive director of the coastal resources management council or his or her

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designee;

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      (xvi) The executive director of the American Red Cross, Rhode Island chapter;

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      (xvii) The executive director of the Rhode Island emergency management agency;

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      (xviii) The state court administrator;

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      (xix) The executive director of the commission on the deaf and hard of hearing;

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      (xx) The director of the Providence emergency management agency;

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      (xxi) The executive director of E-911 emergency telephone system division;

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      (xxii) The federal security director of the transportation security administration for

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Rhode Island; and

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      (2) Eighteen (18) members appointed by and serving at the pleasure of the governor, as

 

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follows:

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      (i) Two (2) members of the senate, recommended by the president of the senate, not

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more than one of whom shall be from the same political party;

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      (ii) Two (2) members of the house of representatives, recommended by the speaker of

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the house, not more than one of whom shall be from the same political party;

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      (iii) One representative of the electric industry;

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      (iv) One representative of the gas industry;

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      (v) One representative of the telephone industry;

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      (vi) The executive director of the Rhode Island petroleum association or other similarly

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situated person;

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      (vii) Two (2) representatives of the general public, one who shall have expertise in

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disaster preparedness;

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      (viii) One representative of the Rhode Island league of cities and towns;

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      (ix) One representative of the media;

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      (x) One representative of the water supply industry;

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      (xi) One representative of the health care industry;

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      (xii) One representative of the Rhode Island firefighters association;

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      (xiii) One representative of the Rhode Island association of fire chiefs;

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      (xiv) One representative of a private ambulance company; and

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      (xv) One representative of a level I trauma hospital who shall have direct expertise in

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disaster preparedness.

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      (b) It shall be the duty of the council to advise the governor and the executive director on

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all matters pertaining to disaster preparedness. The lieutenant governor shall serve as chairperson

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of the council and the executive director shall serve as vice-chairperson. In providing advice to

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the governor and the executive director, the council shall, among other matters reasonably related

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to their authority, do the following:

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      (1) Establish a regular meeting schedule and form subcommittees as may be appropriate;

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      (2) Review emergency management plans and other matters as may be acted upon or

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otherwise provided for in this chapter;

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      (3) Establish priorities and goals on emergency management matters on an annual basis;

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      (4) Study emergency management plans in conjunction with the adjutant general

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director, and otherwise conduct such other studies as may be deemed appropriate;

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      (5) Review the coordination of the state's emergency management programs with

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appropriate authorized agencies and conduct studies on the programs as may be necessary;

 

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      (6) Review the plans and operations of the various cities and towns in disaster

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preparedness in conjunction with the director and his or her office as required or necessary; and

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      (7) [Deleted by P.L. 2000, ch. 170, ยง 2];

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      (8) Provide an annual report on its activities in conjunction with the executive director.

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     SECTION 2. Section 30-15.9-14 of the General Laws in Chapter 30-15.9 entitled "The

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Rhode Island Emergency Management Assistance Compact" is hereby amended to read as

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follows:

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     30-15.9-14. Reporting to legislature. -- The director of the Rhode Island defense civil

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preparedness agency shall, on or before the first day of January, one thousand nine hundred

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ninety-eight, provide to the general assembly and the governor copies of all mutual aid plans and

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procedures promulgated, developed or entered into after the effective date of this section. The

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adjutant general director shall annually thereafter provide the general assembly and governor with

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copies of all new or amended mutual aid plans and procedures on or before the first day of

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January of each year.

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     SECTION 3. Section 27-5-3.8 of the General Laws in Chapter 27-5 entitled "Fire

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Insurance Policies and Reserves" is hereby amended to read as follows:

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     27-5-3.8. Rhode Island commission on hurricane loss projection methodology. -- (a)

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Legislative findings and intent.

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      (1) Reliable projections of hurricane losses are necessary in order to assure that rates for

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residential property insurance meet the statutory requirement that rates be neither excessive nor

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inadequate.

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      (2) The general assembly recognizes the need for expert evaluation of computer models

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and other recently developed or improved actuarial methodologies for projecting hurricane losses,

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in order to resolve conflicts among actuarial professionals, and in order to provide both

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immediate and continuing improvement in the sophistication of actuarial methods used to set

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rates charged to consumers.

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      (3) It is the intent of the general assembly to create the Rhode Island commission on

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hurricane loss projection methodology as a panel of experts to provide the most actuarially

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sophisticated guidelines and standards for projection of hurricane losses possible, given the

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current state of actuarial science.

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      (b) Commission created.

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      (1) There is created the Rhode Island commission on hurricane loss projection

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methodology. For the purposes of this section, the term "commission" means the Rhode Island

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commission on hurricane loss projection methodology. The commission shall be administratively

 

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housed within the department of administration, but it shall independently exercise the powers

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and duties specified in this section.

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      (2) The commission shall consist of the following eight (8) members:

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      (i) The director of business regulation, acting as the administrator of insurance, or

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designee;

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      (ii) The adjutant general director of the Rhode Island emergency management agency;

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      (iii) A member of the board of directors of the Rhode Island Joint reinsurance

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Association appointed by the governor;

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      (iv) Five (5) members directly appointed by the governor, as follows:

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      (A) An actuary who is employed full-time by a property and casualty insurer which was

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responsible for at least one percent of the aggregate statewide direct written premium for

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homeowner's insurance in the calendar year preceding the member's appointment to the

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commission;

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      (B) An expert in insurance finance who has a background in actuarial science;

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      (C) An expert in statistics who has a background in insurance;

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      (D) An expert in computer system design.

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      (E) An expert in meteorology who specializes in hurricanes.

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      (3) Members designated under subparagraphs (b)(2)(i)-(iii) shall serve on the

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commission as long as they maintain the respective offices designated in subparagraphs (b)(2)(i)-

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(iii). Members under subparagraph (b)(2)(iv)(A)-(E) shall serve for a term of three (3) years, and

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may be reappointed to the commission. All members may be removed by the governor prior to

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the expiration of their term, for cause. Vacancies on the commission shall be filled in the same

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manner as the original appointment.

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      (4) The governor shall annually appoint one of the members of the commission to serve

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as chair.

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      (5) Members of the commission shall serve without compensation, but shall be

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reimbursed for per diem and travel expenses.

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      (6) There shall be no liability on the part of, and no cause of action of any nature shall

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arise against, any member of the commission for any action taken in the performance of their

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duties under this section. In addition, the commission may, in writing, waive any potential cause

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of action for negligence of a consultant, contractor, or contract employee engaged to assist the

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commission.

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      (c) Adoption and effect of standards and guidelines.

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      (1) The commission shall consider any actuarial methods, principles, standards, models,

 

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or output ranges that have the potential for improving the accuracy of or reliability of the

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hurricane loss projections used in residential property insurance rate filings. The commission

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shall, from time to time, adopt findings as to the accuracy or reliability of particular methods,

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principles, standards, models, or output ranges.

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      (2) The commission shall adopt revisions to previously adopted actuarial methods,

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principles, standards, models, or output ranges at least annually.

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      (3) (i) A trade secret that is used in designing and constructing a hurricane loss model

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and that is provided pursuant to this section, by a private company, to the commission, is

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confidential and shall not be deemed a public record pursuant to the provisions of chapter 2 of

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title 38.

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      (ii) That portion of a meeting of the commission or of a rate proceeding on an insurer's

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rate filing at which a trade secret made confidential and exempt by this paragraph is discussed

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shall be deemed confidential and not open to disclosure pursuant to the open meetings act, but

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may be discussed at a closed meeting as provided for in chapter 46 of title 42.

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      (d) The Rhode Island commission is hereby authorized to form a multi-state commission

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with the states of Massachusetts, Connecticut and any other interested state in furtherance of the

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goals of this act.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

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     This act would make technical amendment to the general laws to reflect changes to the

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structure of the emergency management agency and would change the title of the executive

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director to "director."

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     This act would take effect upon passage.

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