Chapter 404 |
2025 -- S 0671 SUBSTITUTE A Enacted 07/02/2025 |
A N A C T |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT |
Introduced By: Senators Bissaillon, Britto, DiMario, and Urso |
Date Introduced: March 07, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 30-15-15 of the General Laws in Chapter 30-15 entitled "Emergency |
Management" is hereby amended to read as follows: |
30-15-15. Immunity from liability — Compensation for death or injury of disaster |
response workers. |
(a) All functions under this chapter, and all other activities relating to disaster response, are |
hereby declared to be governmental functions. Neither the state, nor any political subdivision |
thereof, nor other agencies of the state or political subdivision thereof, nor, except in cases of willful |
misconduct, gross negligence, or bad faith, any disaster response worker complying with, or |
reasonably attempting to comply with this chapter, or any order, rule, or regulation promulgated |
pursuant to the provisions of this chapter, or pursuant to any ordinance relating to precautionary |
measures enacted by any political subdivision of the state, shall be liable for the death of, or injury |
to, persons, or for damage to property, as a result of disaster response activity. The provisions of |
this section shall not affect the right of any person to receive benefits to which he or she would |
otherwise be entitled under this chapter, nor under the Workers’ Compensation Act, chapters 29 — |
38 of title 28, nor under any pension law, nor the right of any person to receive any benefits or |
compensation under any act of Congress. |
(b) Any requirement for a license to practice any professional, mechanical, or other skill |
shall not apply to any authorized disaster response worker who shall, in the course of performing |
his or her duties as such, practice such professional, mechanical, or other skill during a disaster |
emergency. |
(c) In the absence of any other benefits as provided by law, all disaster response workers |
who shall be killed or sustain disability or injury while in training for or on disaster response duty |
shall be construed to be employees of the state, any other provisions of the law to the contrary |
notwithstanding, and shall be compensated in like manner as state employees are compensated |
under the provisions of chapters 29 — 38 of title 28. |
(d) In the absence of any other benefits as provided by law, any and all authorized disaster |
response workers who shall, in the course of performing their duties as such, practice professional, |
architecture, mechanical, engineering or other skill during a disaster emergency shall be entitled to |
all rights in like manner as state employees under the provisions of chapters 29 through 38 of title |
28 and under § 9-31-8. |
(d)(e) As used in this section, the term “disaster response worker” shall include any full- |
or part-time paid, volunteer, or auxiliary employee of this state, other states, territories, or |
possessions, the District of Columbia, the federal government, any neighboring country, or any |
political subdivision thereof, or any agency or organization, or any private person, firm, or |
corporation performing disaster response services at any place in this state subject to the order or |
control of, or pursuant to a request of, the state government or any political subdivision thereof. |
SECTION 3. This act shall take effect upon passage. |
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LC000989/SUB A |
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