2022 -- S 2154

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LC004399

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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C O N C U R R E N T   R E S O L U T I O N

EXTENDING POWER CONFERRED UPON THE GOVERNOR PURSUANT TO THE

PROVISIONS OF SUBSECTION (E) OF TITLE 30, CHAPTER 15, SECTION 9 OF THE

RHODE ISLAND GENERAL LAWS

     Introduced By: Senators Ruggerio, McCaffrey, and Goodwin

     Date Introduced: January 28, 2022

     Referred To: Senate Special Legislation and Veterans Affairs

     WHEREAS, On August 19, 2021, the Governor issued Executive Order 21-86 declaring

a new state of emergency with respect to the Delta and other then-existing variants of COVID-19

(Declaration of Disaster Emergency for New COVID-19 Variants) and which said Order was

affirmed and amended via Executive Order 21-109, which has in turn been extended by the

Governor pursuant to subsequent orders, the most recent of which being Executive Order 22-02

issued on January 6, 2022; and

     WHEREAS, The Governor has issued various additional Executive Orders predicated on

the August 19, 2021 order Declaring a Disaster Emergency for New COVID-19 Variants; and

     WHEREAS, The state has experienced widespread community spread of one or more

highly transmissible variants of COVID-19 in recent months, resulting in the highest infection

and hospitalization rates during the course of the pandemic and thereby placing a dangerous strain

on the health care system in the state; and

     WHEREAS, Although at this time, infection and hospitalization rates appear to be in

decline, daily infections and hospitalization rates currently remain extremely high and the

COVID-19 virus has demonstrated a tendency to be dangerous and unpredictable to the citizens

of this state and the stability of the health care system; and

     WHEREAS, Certain powers relating to the Governor's management of disaster

emergencies are enumerated in § 30-15-9(e); and

     WHEREAS, In accordance with § 30-15-9(b) the General Assembly, by concurrent

resolution, may terminate a state of disaster emergency at any time; and

     WHEREAS, On July 1, 2021, the General Assembly passed 2021 - H 6122 Substitute A

as amended, entitled "An Act Making Appropriations for the Support of the State for the Fiscal

Year Ending June 30, 2022" which amended § 30-15-9 to impose a limit of one hundred eighty

(180) days on powers conferred upon the Governor pursuant to subsection (e) of such section

"unless and until the General Assembly extends the one hundred eighty (180) day period by

concurrent resolution"; and

     WHEREAS, The Governor signed said act on July 6, 2021 thereby making it operative;

and

     WHEREAS, The one hundred and eightieth (180th) day following the issuance of

Executive Order 21-86 occurs on or about February 14, 2022; and

     WHEREAS, Present conditions reasonably indicate that the health and safety of the

citizens of this state would benefit from a limited continuation of the judicious use of executive

emergency powers by the Governor; now therefor be it

     RESOLVED, That this General Assembly of the State of Rhode Island, without waiving

its powers pursuant to § 30-15-9(b) to terminate a state of disaster emergency at any time, hereby

adopts this concurrent resolution extending the Governor's additional powers contained in § 30-

15-9(e) of the General Laws with respect to Executive Order 21-86, as superseded by Executive

Order 21-109 together with extensions thereof and additional Executive Orders related thereto,

through April 15, 2022; and be it further

     RESOLVED, That after April 15, 2022, powers conferred upon the Governor pursuant to

the provisions of § 30-15-9(e) as they relate to the Declaration of Disaster Emergency for New

COVID-19 Variants shall expire, unless further extended by concurrent resolution of the General

Assembly; and be it further

     RESOLVED, That if the Governor finds that the threat of danger has passed to the extent

that emergency conditions no longer exist, the Governor shall terminate the state of disaster

emergency by executive order or proclamation in accordance with § 30-15-9(b); and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit a duly certified copy of this resolution to the Honorable Daniel J. McKee, Governor of

the State of Rhode Island.

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LC004399

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