2021 -- H 5397

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LC001255

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN PREVENTION ACT OF

2016

     

     Introduced By: Representatives Craven, and Shanley

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-28.9-4 of the General Laws in Chapter 21-28.9 entitled "The Good

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Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows:

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     21-28.9-4. Emergency overdose care -- Immunity from legal repercussions.

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Emergency overdose care and medical assistance – Immunity from legal repercussions.

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     (a) Any person who, in good faith, without malice and in the absence of evidence of an

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intent to defraud, seeks medical assistance for someone experiencing a drug or alcohol overdose or

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other drug- or alcohol-related medical emergency or any other medical emergency unrelated to a

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drug or alcohol overdose, shall not be arrested or charged or prosecuted for any crime related to the

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possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved

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premises, if the evidence for the charge was gained as a result of the seeking of medical assistance.

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     (b) A person who experiences a drug or alcohol overdose or other drug- or alcohol-related

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medical emergency and is in need of medical assistance shall not be arrested or charged or

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prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia,

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possession or transportation of alcohol by an underage person, or the operation of a drug-involved

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premises, if the evidence for the charge was gained as a result of the overdose and the need for

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medical assistance.

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     (c) The act of providing first aid or other medical assistance to someone who is

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experiencing a drug or alcohol overdose or other drug- or alcohol-related medical emergency may

 

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be used as a mitigating factor in a criminal prosecution pursuant to the controlled substances act.

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     (d) The immunity related to the possession of a controlled substance or drug paraphernalia,

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possession or transportation of alcohol by an underage person, or the operation of a drug-involved

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premises afforded under this section shall also extend to a violation of probation and/or parole on

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those grounds.

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     SECTION 2. Section 36-14-5 of the General Laws in Chapter 36-14 entitled "Code of

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Ethics" is hereby amended to read as follows:

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     36-14-5. Prohibited activities.

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     (a) No person subject to this code of ethics shall have any interest, financial or otherwise,

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direct or indirect, or engage in any business, employment, transaction, or professional activity, or

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incur any obligation of any nature, which is in substantial conflict with the proper discharge of his

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or her duties or employment in the public interest and of his or her responsibilities as prescribed in

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the laws of this state, as defined in § 36-14-7.

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     (b) No person subject to this code of ethics shall accept other employment which will either

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impair his or her independence of judgment as to his or her official duties or employment or require

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him or her, or induce him or her, to disclose confidential information acquired by him or her in the

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course of and by reason of his or her official duties.

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     (c) No person subject to this code of ethics shall willfully and knowingly disclose, for

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pecuniary gain, to any other person, confidential information acquired by him or her in the course

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of and by reason of his or her official duties or employment or use any information for the purpose

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of pecuniary gain.

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     (d) No person subject to this code of ethics shall use in any way his or her public office or

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confidential information received through his or her holding any public office to obtain financial

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gain, other than that provided by law, for him or herself or any person within his or her family, any

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business associate, or any business by which the person is employed or which the person represents.

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     (e) No person subject to this code of ethics shall:

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     (1) Represent him or herself before any state or municipal agency of which he or she is a

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member or by which he or she is employed. In cases of hardship, the ethics commission may permit

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such representation upon application by the official provided that he or she shall first:

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     (i) Advise the state or municipal agency in writing of the existence and the nature of his or

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her interest in the matter at issue;

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     (ii) Recuse him or herself from voting on or otherwise participating in the agency's

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consideration and disposition of the matter at issue; and

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     (iii) Follow any other recommendations the ethics commission may make to avoid any

 

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appearance of impropriety in the matter.

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     (2) Represent any other person before any state or municipal agency of which he or she is

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a member or by which he or she is employed.

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     (3) Act as an expert witness before any state or municipal agency of which he or she is a

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member or by which he or she is employed with respect to any matter the agency's disposition of

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which will or can reasonably be expected to directly result in an economic benefit or detriment to

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him or herself, or any person within his or her family, or any business associate of the person, or

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any business by which that person is employed or which the person represents.

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     (4) Shall engage in any of the activities prohibited by subsection (e)(1), (e)(2), or (e)(3) of

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this section for a period of one year after he or she has officially severed his or her position with

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said state or municipal agency; provided, however, that this prohibition shall not pertain to a matter

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of public record in a court of law.

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     (f) No business associate of any person subject to this code of ethics shall represent him or

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herself or any other person, or act as an expert witness before the state or municipal agency of

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which the person is a member or by which the person is employed unless:

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     (1) He or she shall first advise the state or municipal agency of the nature of his or her

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business relationship with the person subject to this code of ethics; and

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     (2) The person subject to this code of ethics shall recuse him or herself from voting on or

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otherwise participating in the agency's consideration and disposition of the matter at issue.

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     (g) No person subject to this code of ethics, or spouse (if not estranged), dependent child,

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or business associate of the person, or any business by which the person is employed or which the

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person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of

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future employment based on any understanding that the vote, official action, or judgment of the

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person would be influenced thereby.

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     (h) No person subject to this code of ethics, or any person within his or her family or

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business associate of the person, or any business entity in which the person or any person within

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his or her family or business associate of the person has a ten percent (10%) or greater equity

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interest or five thousand dollars ($5,000) or greater cash value interest, shall enter into any contract

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with any state or municipal agency unless the contract has been awarded through an open and public

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process, including prior public notice and subsequent public disclosure of all proposals considered

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and contracts awarded; provided, however, that contracts for professional services which have been

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customarily awarded without competitive bidding shall not be subject to competitive bidding if

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awarded through a process of public notice and disclosure of financial details.

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     (i) No person shall give or offer to any person covered by this code of ethics, or to any

 

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candidate for public office, or to any person within his or her family or business associate of any

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person, or to any business by which the person is employed or which the person represents, any

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gift, loan, political contribution, reward, or promise of future employment based on any

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understanding or expectation that the vote, official action, or judgment of the person would be

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influenced thereby.

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     (j) No person shall use for any commercial purpose information copied from any statements

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required by this chapter or from lists compiled from the statements.

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     (k) No person shall knowingly and willfully make a false or frivolous complaint under this

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chapter.

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     (l) No candidate for public office, or any person within his or her family, business associate

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of the candidate, or any business by which the candidate is employed or which the candidate

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represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future

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employment based on any understanding that the vote, official action, or judgment of the candidate

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would be influenced thereby.

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     (m) No person subject to this code of ethics shall, either directly or indirectly, through any

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government agency, or through a business associate, or through any other person, threaten or

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intimidate any complainant or witness or any family member of any complainant or witness in any

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proceeding before the state ethics commission.

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     (1) In addition to any rights a complainant or witness may have under the Rhode Island

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Whistleblowers' Protection Act, chapter 50 of title 28 or under any other statute, a complainant or

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witness may bring a civil action in superior court for appropriate injunctive relief, or actual

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damages, or both and attorney's fees within three (3) years after the occurrence of the alleged

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violation of subsection (m) above.

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     (2) The initiation of litigation by a complainant or witness pursuant to subsection (m)(1)

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shall not constitute a violation of any confidentiality provisions of this chapter.

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     (n)(1) No state elected official, while holding state office and for a period of one year after

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leaving state office, shall seek or accept employment with any other state agency, as defined in §

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36-14-2(8)(i), other than employment which was held at the time of the official's election or at the

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time of enactment of this subsection, except as provided herein.

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     (2) Nothing contained herein shall prohibit any general officer or the general assembly

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from appointing any state elected official to a senior policy-making, discretionary, or confidential

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position on the general officer's or the general assembly's staff, and in the case of the governor, to

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a position as a department director; nor shall the provisions herein prohibit any state elected official

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from seeking or accepting a senior policy-making, discretionary, or confidential position on any

 

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general officer's or the general assembly's staff, or from seeking or accepting appointment as a

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department director by the governor.

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     (3) Nothing contained herein shall prohibit a state elected official from seeking or being

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elected for any other constitutional office.

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     (4) Nothing contained herein shall prohibit the Rhode Island ethics commission from

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authorizing exceptions to this subsection where such exemption would not create an appearance of

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impropriety.

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     (o)(1) No person holding a senior policy-making, discretionary, or confidential position on

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the staff of any state elected official or the general assembly shall seek or accept any other

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employment by any state agency as defined in § 36-14-2(8)(i), while serving as such policy-

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making, discretionary, or confidential staff member and for a period of one year after leaving that

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state employment as a member of the state elected official's or the general assembly's senior policy-

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making, discretionary, or confidential staff.

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     (2) Notwithstanding the foregoing, a person holding a senior policy-making, discretionary,

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or confidential staff position who has a minimum of five (5) years of uninterrupted state service

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shall be exempt from the provisions of this section. "State service" as used herein means service in

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the classified, unclassified and nonclassified services of the state, but shall not include service in

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any state elective office.

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     (3) Nothing contained herein shall prohibit any general officer or the general assembly

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from appointing any such senior policy-making, discretionary, or confidential member of the staff

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of any state elected official or the general assembly to any other senior policymaking, discretionary,

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or confidential position on any general officer's or the general assembly's staff, and in the case of

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the governor, to a position as a department director; nor shall the provisions hereof prohibit any

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senior policy-making, discretionary, or confidential member of the staff of any state elected official

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or the general assembly from seeking or accepting any other senior policy-making, discretionary,

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or confidential position on any general officer's or the general assembly's staff, or from seeking or

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accepting appointment as a department director by the governor.

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     (4) Nothing contained herein shall prohibit a person holding a senior policy-making,

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discretionary, or confidential staff position from seeking or being elected for any constitutional

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office.

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     (5) Nothing contained herein shall prohibit the Rhode Island ethics commission from

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authorizing exceptions to this subsection where such exemption would not create an appearance of

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impropriety.

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     (p) No person or government department or entity subject to this code of ethics shall fail

 

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to timely file any report or study that they were required to file, by state statute.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN PREVENTION ACT OF

2016

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     This act would provide immunity from legal repercussions for persons who seek medical

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assistance for someone experiencing a medical emergency and would also subject governmental

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entities required to submit timely reports per state statute, to a code of ethics' violation.

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     This act would take effect upon passage.

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