2022 -- S 2352 | |
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LC004737 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE - EMERGENCY MANAGEMENT | |
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Introduced By: Senators Raptakis, Burke, F Lombardi, and Picard | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency |
2 | Management" is hereby amended to read as follows: |
3 | 30-15-9. Governor's responsibilities relating to disaster emergencies. |
4 | (a) The governor shall be responsible for meeting the dangers to the state and people |
5 | presented by disasters. |
6 | (b) A state of emergency shall be declared by executive order or proclamation of the |
7 | governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is |
8 | imminent. The state of disaster emergency shall continue until the governor finds that the threat or |
9 | danger has passed or the disaster has been dealt with to the extent that emergency conditions no |
10 | longer exist and terminates the state of disaster emergency by executive order or proclamation, but |
11 | no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the |
12 | governor.; provided further, emergency orders and powers executed by any governor shall only be |
13 | extended past the order's original term upon the passage of a joint resolution of the general |
14 | assembly, voting in a special session, to authorize that extension, and which vote is held within |
15 | thirty (30) days after the expiration date of the governor's order. The general assembly, by |
16 | concurrent resolution, may terminate a state of disaster emergency at any time. Thereupon, the |
17 | governor shall issue an executive order or proclamation ending the state of disaster emergency and |
18 | what actions are being taken to control the emergency and what action the public should take to |
19 | protect themselves. All executive orders or proclamations issued under this subsection shall |
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1 | indicate the nature of the disaster, the area or areas threatened, and the conditions that have brought |
2 | it about or that make possible termination of the state of disaster emergency. An executive order or |
3 | proclamation shall be disseminated promptly by means calculated to bring its contents to the |
4 | attention of the general public and, unless the circumstances attendant upon the disaster prevent or |
5 | impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the |
6 | area to which it applies. |
7 | (c) An executive order or proclamation of a state of disaster emergency, shall activate the |
8 | state and local disaster emergency plans applicable to the political subdivision or area in question |
9 | and shall be authority for the deployment and use of any forces to which the plan or plans apply |
10 | and for the use or distribution of any supplies, equipment, and materials and facilities assembled, |
11 | stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law |
12 | relating to disaster emergencies. |
13 | (d) During the continuance of any state of disaster emergency the governor is commander- |
14 | in-chief of the organized and unorganized militia and of all other forces available for emergency |
15 | duty. To the greatest extent practicable, the governor shall delegate or assign command authority |
16 | by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein |
17 | restricts the governor's authority to do so by orders issued at the time of the disaster emergency. |
18 | (e) In addition to any other powers conferred upon the governor by law, the governor may |
19 | exercise the following powers, subject to the provisions of subsection (g) of this section, limited in |
20 | scope and duration as is reasonably necessary for emergency response: |
21 | (1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct |
22 | of state business, or the orders, rules, or regulations of any state agency, if strict compliance with |
23 | the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay |
24 | necessary action in coping with the emergency, provided that the suspension of any statute, order, |
25 | rule or regulation will be limited in duration and scope to the emergency action requiring said |
26 | suspension; |
27 | (2) Utilize all available resources of the state government as reasonably necessary to cope |
28 | with the disaster emergency and of each political subdivision of the state; |
29 | (3) Transfer the direction, personnel, or functions of state departments and agencies or units |
30 | thereof for the purpose of performing or facilitating emergency services; |
31 | (4) Subject to any applicable requirements for compensation under § 30-15-11, |
32 | commandeer or utilize any private property if the governor finds this necessary to cope with the |
33 | disaster emergency; |
34 | (5) Direct and compel the evacuation of all or part of the population from any stricken or |
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1 | threatened area within the state if the governor deems this action necessary for the preservation of |
2 | life or other disaster mitigation, response, or recovery; |
3 | (6) Prescribe routes, modes of transportation, and destinations in connection with |
4 | evacuation; |
5 | (7) Control ingress and egress to and from a high risk area, the movement of persons within |
6 | the area, and the occupancy of premises therein; |
7 | (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, |
8 | explosives, and combustibles; |
9 | (9) Make provision for the availability and use of temporary emergency shelter; |
10 | (10) Make and promulgate such rules and regulations as the governor may deem advisable |
11 | for the assigning, detailing, and making available for duty and use in any city or town of this state |
12 | any of the personnel, apparatus, or equipment of any police or fire department of any other city or |
13 | town, or of any volunteer fire company, or of any fire district, and that personnel shall have the |
14 | same powers, duties, rights, privileges, and immunities as if performing their duties in the city or |
15 | town in which they normally would be employed, but the personnel shall obey the orders of the |
16 | police and fire authorities of the city or town to which assigned, detailed, or made available. When |
17 | assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters |
18 | shall perform outside duties shall provide them with subsistence or pay them a reasonable |
19 | allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred |
20 | while being so used; provided, however, that a city or town shall be reimbursed by the state out of |
21 | the general fund of the state for all expenses incurred under the foregoing provisions of this |
22 | subsection; |
23 | (11) Designate as a special emergency health and sanitation area, any area within the state |
24 | that has been seriously damaged by disaster, or in which the existence of any military, naval, or air |
25 | establishment of the United States of America or of any industrial establishment constructed or |
26 | enlarged for purposes of national defense, has caused an increase in the population of that area to |
27 | such an extent as to produce unusual problems of health and sanitation. It is the duty of state health |
28 | authorities and the local code enforcement officials to make and enforce rules and regulations |
29 | designed to prevent the introduction of any contagious or infectious disease and to safeguard the |
30 | public health within the area. The governor may promulgate and enforce additional rules and |
31 | regulations for the protection of the public health within areas as may be necessary; |
32 | (12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious |
33 | shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other |
34 | pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal |
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1 | authorities are not adequately dealing with the situation, promulgate such rules and regulations as |
2 | he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those |
3 | necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering |
4 | from, those necessities; additionally, during a declared time of state or national emergency, no |
5 | person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail |
6 | immediately prior to the proclamation of emergency or during the proclaimed state of emergency. |
7 | Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs |
8 | during the normal course of business. Any person, firm, or corporation who or that violates any |
9 | provision of this subsection shall be fined not more than one hundred dollars ($100); |
10 | (13) Do all other things necessary to effectively cope with disasters in the state not |
11 | inconsistent with other provisions of law; |
12 | (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as |
13 | may be reasonable and necessary for emergency response due to a state disaster emergency. Such |
14 | measures may include, but are not limited to, the collection, storage, handling, destruction, |
15 | treatment, transportation, and disposal of infectious waste; |
16 | (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be |
17 | reasonable and necessary for emergency response due to a state disaster emergency. Such measures |
18 | may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, |
19 | transportation, and disposal of corpses; and |
20 | (16) Compel a person to submit to a physical examination and/or testing as necessary to |
21 | diagnose or treat the person. The medical examination and/or testing may be performed by any |
22 | qualified person authorized by the department of health and must not be reasonably likely to result |
23 | in serious harm to the affected individual. The medical examination and/or testing shall be |
24 | performed immediately upon the order of the department of health without resort to judicial or |
25 | quasi-judicial authority. If the department of health is uncertain whether a person who refuses to |
26 | undergo medical examination and/or testing may have been exposed to an infectious disease or |
27 | otherwise poses a danger to public health, the department of health may subject the individual to |
28 | isolation or quarantine pursuant to § 23-8-4. |
29 | (f) Nothing contained herein shall be construed to limit or restrict the power of the general |
30 | assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35- |
31 | 4-22.1. |
32 | (g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this |
33 | section for disaster emergency response shall not exceed a period of one hundred eighty (180) days |
34 | from the date of the emergency order or proclamation of a state of disaster emergency, unless and |
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1 | until the general assembly extends the one hundred eighty (180) day period by concurrent |
2 | resolution. |
3 | (h) Nothing contained in subsection (g) of this section shall be construed to apply to the |
4 | following executive orders issued by the governor that shall remain in effect and may be extended |
5 | by further executive order up to, but not beyond, September 1, 2021: |
6 | (1) 20-06; |
7 | (2) 20-19; |
8 | (3) 20-37; |
9 | (4) 20-46 as amended by 21-60; |
10 | (5) 20-72; |
11 | (6) 21-26; |
12 | (7) 21-67; and |
13 | (8) 21-68, limited to paragraph 8. |
14 | SECTION 2. This act shall take effect upon passage. |
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LC004737 | |
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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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1 | This act would provide that emergency orders and powers executed by any governor would |
2 | only be extended past the order's original term upon the passage of a joint resolution of the general |
3 | assembly authorizing that extension, voting in a special session that is held within thirty (30) days |
4 | after the expiration date of the governor's order. |
5 | This act would take effect upon passage. |
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LC004737 | |
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