Chapter 04-064

2004 -- S 2526

Enacted 06/11/04

A N A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE - EMERGENCY MANAGEMENT

Introduced By: Senators Connors, Pichardo, Lanzi, and Goodwin

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency

Management" is hereby amended to read as follows:

30-15-9. Governor's responsibilities relating to disaster emergencies. -- (a) The

governor shall be responsible for meeting the dangers to the state and people presented by

disasters.

(b) A state of emergency shall be declared by executive order or proclamation of the

governor if he or she finds a disaster has occurred or that this occurrence or the threat thereof is

imminent. The state of disaster emergency shall continue until the governor finds that the threat

or danger has passed or the disaster has been dealt with to the extent that emergency conditions

no longer exist and terminates the state of disaster emergency by executive order or proclamation,

but no state of disaster emergency may continue for longer than thirty (30) days unless renewed

by the governor. The general assembly by concurrent resolution may terminate a state of disaster

emergency at any time. Thereupon, the governor shall issue an executive order or proclamation

ending the state of disaster emergency and what actions are being taken to control the emergency

and what action the public should take to protect themselves. All executive orders or

proclamations issued under this subsection shall indicate the nature of the disaster, the area or

areas threatened, and the conditions which have brought it about or which make possible

termination of the state of disaster emergency. An executive order or proclamation shall be

disseminated promptly by means calculated to bring its contents to the attention of the general

public and, unless the circumstances attendant upon the disaster prevent or impede, promptly

filed with the agency, the secretary of state, and the city and town clerks in the area to which it

applies.

state and local disaster emergency plans applicable to the political subdivision or area in question

and shall be authority for the deployment and use of any forces to which the plan or plans apply

and for the use or distribution of any supplies, equipment, and materials and facilities assembled,

stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law

relating to disaster emergencies.

(d) During the continuance of any state of disaster emergency the governor is

commander-in-chief of the organized and unorganized militia and of all other forces available for

emergency duty. To the greatest extent practicable, the governor shall delegate or assign

command authority by prior arrangement embodied in appropriate executive orders or

regulations, but nothing herein restricts the governor's authority to do so by orders issued at the

time of the disaster emergency.

(e) In addition to any other powers conferred upon the governor by law, the governor

may exercise the following powers, limited in scope and duration as is reasonably necessary for

emergency response:

(1) Suspend the provisions of any regulatory statute prescribing the procedures for

conduct of state business, or the orders, rules, or regulations of any state agency, if strict

compliance with the provisions of any statute, order, rule, or regulation would in any way

prevent, hinder, or delay necessary action in coping with the emergency, provided that the

suspension of any statute, order, rule or regulation will be limited in duration and scope to the

emergency action requiring said suspension;

(2) Utilize all available resources of the state government as reasonably necessary to

cope with the disaster emergency and of each political subdivision of the state;

(3) Transfer the direction, personnel, or functions of state departments and agencies or

units thereof for the purpose of performing or facilitating emergency services;

(4) Subject to any applicable requirements for compensation under section 30-15-11,

commandeer or utilize any private property if the governor finds this necessary to cope with the

disaster emergency;

(5) Direct and compel the evacuation of all or part of the population from any stricken or

threatened area within the state if the governor deems this action necessary for the preservation of

life or other disaster mitigation, response, or recovery;

(6) Prescribe routes, modes of transportation, and destinations in connection with

evacuation;

(7) Control ingress and egress to and from a high risk area, the movement of persons

within the area, and the occupancy of premises therein;

(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,

firearms, explosives, and combustibles;

(9) Make provision for the availability and use of temporary emergency shelter;

(10) Make and promulgate such rules and regulations as the governor may deem

advisable for the assigning, detailing, and making available for duty and use in any city or town

of this state any of the personnel, apparatus, or equipment of any police or fire department of any

other city or town, or of any volunteer fire company, or of any fire district, and that personnel

shall have the same powers, duties, rights, privileges, and immunities as if performing their duties

in the city or town in which they normally would be employed, but the personnel shall obey the

orders of the police and fire authorities of the city or town to which assigned, detailed, or made

available. When assigned, detailed, or made available as aforesaid, the city or town in which the

police or firemen shall perform outside duties shall provide them with subsistence or pay them a

reasonable allowance therefor, and shall also be liable for any damage to the apparatus or

equipment incurred while being so used; provided, however, that a city or town shall be

reimbursed by the state out of the general fund of the state for all expenses incurred under the

foregoing provisions of this subsection;

(11) Designate as a special emergency health and sanitation area, any area within the

state which has been seriously damaged by disaster, or in which the existence of any military,

naval, or air establishment of the United States of America or of any industrial establishment

constructed or enlarged for purposes of national defense, has caused an increase in the population

of that area to such an extent as to produce unusual problems of health and sanitation. It is the

duty of state health authorities and the local code enforcement officials to make and enforce rules

and regulations designed to prevent the introduction of any contagious or infectious disease and

to safeguard the public health within the area. The governor may promulgate and enforce

additional rules and regulations for the protection of the public health within areas as may be

necessary;

(12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious

shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents or any other

pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the

federal authorities are not adequately dealing with the situation, promulgate such rules and

regulations as he or she from time to time deems necessary to regulate the sale, purchase, or

distribution of those necessities and to prohibit and prevent the wasting, secreting, hiding, or

hoarding of or profiteering from those necessities; additionally, during a declared time of state or

national emergency no person, firm, or corporation shall increase the price of any item it sells or

offers for sale at retail immediately prior to the proclamation of emergency or during the

proclaimed state of emergency. Nothing in this section shall prohibit the fluctuation in the price

of items sold at retail that occurs during the normal course of business. Any person, firm or

corporation who violates any provision of this subsection shall be fined not more than one

hundred dollars ($100);

(13) Do all other things necessary to effectively cope with disasters in the state not

inconsistent with other provisions of law;

(14) Adopt and enforce measures to provide for the safe disposal of infectious waste as

may be reasonable and necessary for emergency response due to a state disaster emergency. Such

measures may include, but are not limited to, the collection, storage, handling, destruction,

treatment, transportation, and disposal of infectious waste;

(15) Adopt and enforce measures to provide for the safe disposal of corpses as may be

reasonable and necessary for emergency response due to a state disaster emergency. Such

measures may include, but are not limited to, the embalming, burial, cremation, interment,

disinterment, transportation, and disposal of corpses; and

(16) Compel a person to submit to a physical examination and/or testing as necessary to

diagnose or treat the person. The medical examination and/or testing may be performed by any

qualified person authorized by the department of health and must not be reasonably likely to

result in serious harm to the affected individual. The medical examination and/or testing shall be

performed immediately upon the order of the department of health without resort to judicial or

quasi-judicial authority. If the department of health is uncertain whether a person who refuses to

undergo medical examination and/or testing may have been exposed to an infectious disease or

otherwise poses a danger to public health, the department of health may subject the individual to

isolation or quarantine, pursuant to section 23-8-4.

SECTION 2. This act shall take effect upon passage.

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LC02425

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