2024 -- S 2117 | |
======== | |
LC003713 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT | |
| |
Introduced By: Senators DeLuca, Paolino, E Morgan, Rogers, and de la Cruz | |
Date Introduced: January 12, 2024 | |
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, however that the renewal shall not be extended beyond an additional thirty |
13 | (30) days, without a joint resolution of the general assembly. The general assembly, by concurrent |
14 | resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall |
15 | issue an executive order or proclamation ending the state of disaster emergency and what actions |
16 | are being taken to control the emergency and what action the public should take to protect |
17 | themselves. All executive orders or proclamations issued under this subsection shall indicate the |
18 | nature of the disaster, the area or areas threatened, and the conditions that have brought it about or |
19 | that make possible termination of the state of disaster emergency. An executive order or |
| |
1 | proclamation shall be disseminated promptly by means calculated to bring its contents to the |
2 | attention of the general public and, unless the circumstances attendant upon the disaster prevent or |
3 | impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the |
4 | area to which it applies. |
5 | (c) An executive order or proclamation of a state of disaster emergency, shall activate the |
6 | state and local disaster emergency plans applicable to the political subdivision or area in question |
7 | and shall be authority for the deployment and use of any forces to which the plan or plans apply |
8 | and for the use or distribution of any supplies, equipment, and materials and facilities assembled, |
9 | stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law |
10 | relating to disaster emergencies. |
11 | (d) During the continuance of any state of disaster emergency the governor is commander- |
12 | in-chief of the organized and unorganized militia and of all other forces available for emergency |
13 | duty. To the greatest extent practicable, the governor shall delegate or assign command authority |
14 | by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein |
15 | restricts the governor’s authority to do so by orders issued at the time of the disaster emergency. |
16 | (e) In addition to any other powers conferred upon the governor by law, the governor may |
17 | exercise the following powers, subject to the provisions of subsection (g) of this section, limited in |
18 | scope and duration as is reasonably necessary for emergency response: |
19 | (1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct |
20 | of state business, or the orders, rules, or regulations of any state agency, if strict compliance with |
21 | the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay |
22 | necessary action in coping with the emergency, provided that the suspension of any statute, order, |
23 | rule or regulation will be limited in duration and scope to the emergency action requiring said |
24 | suspension; |
25 | (2) Utilize all available resources of the state government as reasonably necessary to cope |
26 | with the disaster emergency and of each political subdivision of the state; |
27 | (3) Transfer the direction, personnel, or functions of state departments and agencies or units |
28 | thereof for the purpose of performing or facilitating emergency services; |
29 | (4) Subject to any applicable requirements for compensation under § 30-15-11, |
30 | commandeer or utilize any private property if the governor finds this necessary to cope with the |
31 | disaster emergency; |
32 | (5) Direct and compel the evacuation of all or part of the population from any stricken or |
33 | threatened area within the state if the governor deems this action necessary for the preservation of |
34 | life or other disaster mitigation, response, or recovery; |
| LC003713 - Page 2 of 6 |
1 | (6) Prescribe routes, modes of transportation, and destinations in connection with |
2 | evacuation; |
3 | (7) Control ingress and egress to and from a high risk area, the movement of persons within |
4 | the area, and the occupancy of premises therein; |
5 | (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, |
6 | explosives, and combustibles; |
7 | (9) Make provision for the availability and use of temporary emergency shelter; |
8 | (10) Make and promulgate such rules and regulations as the governor may deem advisable |
9 | for the assigning, detailing, and making available for duty and use in any city or town of this state |
10 | any of the personnel, apparatus, or equipment of any police or fire department of any other city or |
11 | town, or of any volunteer fire company, or of any fire district, and that personnel shall have the |
12 | same powers, duties, rights, privileges, and immunities as if performing their duties in the city or |
13 | town in which they normally would be employed, but the personnel shall obey the orders of the |
14 | police and fire authorities of the city or town to which assigned, detailed, or made available. When |
15 | assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters |
16 | shall perform outside duties shall provide them with subsistence or pay them a reasonable |
17 | allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred |
18 | while being so used; provided, however, that a city or town shall be reimbursed by the state out of |
19 | the general fund of the state for all expenses incurred under the foregoing provisions of this |
20 | subsection; |
21 | (11) Designate as a special emergency health and sanitation area, any area within the state |
22 | that has been seriously damaged by disaster, or in which the existence of any military, naval, or air |
23 | establishment of the United States of America or of any industrial establishment constructed or |
24 | enlarged for purposes of national defense, has caused an increase in the population of that area to |
25 | such an extent as to produce unusual problems of health and sanitation. It is the duty of state health |
26 | authorities and the local code enforcement officials to make and enforce rules and regulations |
27 | designed to prevent the introduction of any contagious or infectious disease and to safeguard the |
28 | public health within the area. The governor may promulgate and enforce additional rules and |
29 | regulations for the protection of the public health within areas as may be necessary; |
30 | (12) Whenever, in the governor’s opinion, due to a disaster there is liable to be a serious |
31 | shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other |
32 | pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal |
33 | authorities are not adequately dealing with the situation, promulgate such rules and regulations as |
34 | he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those |
| LC003713 - Page 3 of 6 |
1 | necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering |
2 | from, those necessities; additionally, during a declared time of state or national emergency, no |
3 | person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail |
4 | immediately prior to the proclamation of emergency or during the proclaimed state of emergency. |
5 | Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs |
6 | during the normal course of business. Any person, firm, or corporation who or that violates any |
7 | provision of this subsection shall be fined not more than one hundred dollars ($100); |
8 | (13) Do all other things necessary to effectively cope with disasters in the state not |
9 | inconsistent with other provisions of law; |
10 | (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as |
11 | may be reasonable and necessary for emergency response due to a state disaster emergency. Such |
12 | measures may include, but are not limited to, the collection, storage, handling, destruction, |
13 | treatment, transportation, and disposal of infectious waste; |
14 | (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be |
15 | reasonable and necessary for emergency response due to a state disaster emergency. Such measures |
16 | may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, |
17 | transportation, and disposal of corpses; and |
18 | (16) Compel a person to submit to a physical examination and/or testing as necessary to |
19 | diagnose or treat the person. The medical examination and/or testing may be performed by any |
20 | qualified person authorized by the department of health and must not be reasonably likely to result |
21 | in serious harm to the affected individual. The medical examination and/or testing shall be |
22 | performed immediately upon the order of the department of health without resort to judicial or |
23 | quasi-judicial authority. If the department of health is uncertain whether a person who refuses to |
24 | undergo medical examination and/or testing may have been exposed to an infectious disease or |
25 | otherwise poses a danger to public health, the department of health may subject the individual to |
26 | isolation or quarantine pursuant to § 23-8-4. |
27 | (f) Nothing contained herein shall be construed to limit or restrict the power of the general |
28 | assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35- |
29 | 4-22.1. |
30 | (g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this |
31 | section for disaster emergency response shall not exceed a period of one hundred eighty (180) days |
32 | from the date of the emergency order or proclamation of a state of disaster emergency, unless and |
33 | until the general assembly extends the one hundred eighty (180) day period by concurrent |
34 | resolution. |
| LC003713 - Page 4 of 6 |
1 | (h) Nothing contained in subsection (g) of this section shall be construed to apply to the |
2 | following executive orders issued by the governor that shall remain in effect and may be extended |
3 | by further executive order up to, but not beyond, September 1, 2021: |
4 | (1) 20-06; |
5 | (2) 20-19; |
6 | (3) 20-37; |
7 | (4) 20-46 as amended by 21-60; |
8 | (5) 20-72; |
9 | (6) 21-26; |
10 | (7) 21-67; and |
11 | (8) 21-68, limited to paragraph 8. |
======== | |
LC003713 | |
======== | |
| LC003713 - Page 5 of 6 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT | |
*** | |
1 | This act would limit the governor to one thirty (30) day renewal of a declaration of |
2 | emergency without a joint resolution of the general assembly. |
3 | This act would take effect upon passage. |
======== | |
LC003713 | |
======== | |
| LC003713 - Page 6 of 6 |