2022 -- H 7827

========

LC004482

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE - EMERGENCY MANAGEMENT -

LIMITATIONS

     Introduced By: Representatives Bennett, Vella-Wilkinson, Serpa, Noret, and McNamara

     Date Introduced: March 04, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 30-15-4 of the General Laws in Chapter 30-15 entitled "Emergency

Management" is hereby amended to read as follows:

     30-15-4. Limitations.

     Nothing in this chapter shall be construed:

     (1) To interfere with the course or conduct of a labor dispute except that actions otherwise

authorized by this chapter or other laws may be taken when necessary to forestall or mitigate

imminent or existing danger to public health or safety;

     (2) To interfere with dissemination of news or comment on public affairs; but any

communications facility or organization (including, but not limited to, radio or television stations,

wire services, and newspapers) may be required to transmit or print public service messages

furnishing information or instructions in connection with a disaster emergency;

     (3) To affect the jurisdiction or responsibilities of police forces, firefighting forces, or units

of the armed forces of the United States, or of any personnel thereof, when on active duty; but state

and local disaster emergency plans shall place reliance upon the forces available for performance

of functions related to disaster emergencies; or

     (4) To limit, modify, or abridge the authority of the governor to proclaim martial law or

exercise any other powers vested in the governor under the constitution, statutes, or common law

of this state independent of, or in conjunction with, any provisions of this chapter.; or

     (5) To allow for any contract that causes a property to be used in a manner that is in

violation of municipal zoning ordinance(s), unless the chief executive officer of the city or town in

which the property is located is provided advanced notice of the contract and the option to be added

to the contract as a third-party beneficiary, providing the city or town:

     (i) The right, but not the obligation, to enforce rights, remedies, powers and privileges

under the contract; and

     (ii) Compensation amounting to three percent (3%) of the total consideration of the

contract; provided, however, that the city or town shall not be obligated to use such compensation

to mitigate the impact of the use of the property.

     SECTION 2. This act shall take effect upon passage.

========

LC004482

========

LC004482 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE - EMERGENCY MANAGEMENT -

LIMITATIONS

***

     This act would allow the chief executive officer of any city or town to add the municipality

as a third-party beneficiary where the original contract causes a violation of a municipal ordinance,

due to use of emergency management resources or authority which create the above mentioned

violations, and further provides compensation to the city or town in the amount of three percent

(3%) of the total compensation of the contract.

     This act would take effect upon passage.

========

LC004482

========

LC004482 - Page 3 of 3