2024 -- S 3109 | |
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LC006181 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT | |
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Introduced By: Senators Bissaillon, and DiMario | |
Date Introduced: May 29, 2024 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 30-15-15 of the General Laws in Chapter 30-15 entitled "Emergency |
2 | Management" is hereby amended to read as follows: |
3 | 30-15-15. Immunity from liability — Compensation for death or injury of disaster |
4 | response workers. |
5 | (a) All functions under this chapter, and all other activities relating to disaster response, are |
6 | hereby declared to be governmental functions. Neither the state, nor any political subdivision |
7 | thereof, nor other agencies of the state or political subdivision thereof, nor, except in cases of willful |
8 | misconduct, gross negligence, or bad faith, any disaster response worker complying with, or |
9 | reasonably attempting to comply with this chapter, or any order, rule, or regulation promulgated |
10 | pursuant to the provisions of this chapter, or pursuant to any ordinance relating to precautionary |
11 | measures enacted by any political subdivision of the state, shall be liable for the death of, or injury |
12 | to, persons, or for damage to property, as a result of disaster response activity. The provisions of |
13 | this section shall not affect the right of any person to receive benefits to which he or she would |
14 | otherwise be entitled under this chapter, nor under the Workers’ Compensation Act, chapters 29 — |
15 | 38 of title 28, nor under any pension law, nor the right of any person to receive any benefits or |
16 | compensation under any act of Congress. |
17 | (b) Any requirement for a license to practice any professional, mechanical, or other skill |
18 | shall not apply to any authorized disaster response worker who shall, in the course of performing |
19 | his or her duties as such, practice such professional, mechanical, or other skill during a disaster |
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1 | emergency. |
2 | (c) In the absence of any other benefits as provided by law, all disaster response workers |
3 | who shall be killed or sustain disability or injury while in training for or on disaster response duty |
4 | shall be construed to be employees of the state, any other provisions of the law to the contrary |
5 | notwithstanding, and shall be compensated in like manner as state employees are compensated |
6 | under the provisions of chapters 29 — 38 of title 28. |
7 | (d) In the absence of any other benefits as provided by law, any and all authorized disaster |
8 | response workers who shall, in the course of performing their duties as such, practice professional, |
9 | mechanical, or other skill during a disaster emergency, shall be considered a state employee and |
10 | shall be entitled to all rights in like manner as state employees under the provisions of chapters 29 |
11 | through 38 of title 28 and under § 9-31-8. |
12 | (d)(e) As used in this section, the term “disaster response worker” shall include any full- |
13 | or part-time paid, volunteer, or auxiliary employee of this state, other states, territories, or |
14 | possessions, the District of Columbia, the federal government, any neighboring country, or any |
15 | political subdivision thereof, or any agency or organization, or any private person, firm, or |
16 | corporation performing disaster response services at any place in this state subject to the order or |
17 | control of, or pursuant to a request of, the state government or any political subdivision thereof. |
18 | SECTION 2. This act shall take effect upon passage. |
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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 any disaster response worker shall, in the course of their duties, |
2 | be considered a state employee and be entitled to all rights in like manner as state employees under |
3 | the provisions of chapters 29 through 38 of title 28 (Workers Compensation) and under § 9-31-8 |
4 | (Defense of state employees by Attorney general). |
5 | This act would take effect upon passage. |
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