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

     

     Introduced By: Senators Bissaillon, and DiMario

     Date Introduced: May 29, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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Management" is hereby amended to read as follows:

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     30-15-15. Immunity from liability — Compensation for death or injury of disaster

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response workers.

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     (a) All functions under this chapter, and all other activities relating to disaster response, are

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hereby declared to be governmental functions. Neither the state, nor any political subdivision

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thereof, nor other agencies of the state or political subdivision thereof, nor, except in cases of willful

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misconduct, gross negligence, or bad faith, any disaster response worker complying with, or

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reasonably attempting to comply with this chapter, or any order, rule, or regulation promulgated

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pursuant to the provisions of this chapter, or pursuant to any ordinance relating to precautionary

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measures enacted by any political subdivision of the state, shall be liable for the death of, or injury

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to, persons, or for damage to property, as a result of disaster response activity. The provisions of

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this section shall not affect the right of any person to receive benefits to which he or she would

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otherwise be entitled under this chapter, nor under the Workers’ Compensation Act, chapters 29 —

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38 of title 28, nor under any pension law, nor the right of any person to receive any benefits or

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compensation under any act of Congress.

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     (b) Any requirement for a license to practice any professional, mechanical, or other skill

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shall not apply to any authorized disaster response worker who shall, in the course of performing

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his or her duties as such, practice such professional, mechanical, or other skill during a disaster

 

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emergency.

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     (c) In the absence of any other benefits as provided by law, all disaster response workers

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who shall be killed or sustain disability or injury while in training for or on disaster response duty

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shall be construed to be employees of the state, any other provisions of the law to the contrary

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notwithstanding, and shall be compensated in like manner as state employees are compensated

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under the provisions of chapters 29 — 38 of title 28.

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     (d) In the absence of any other benefits as provided by law, any and all authorized disaster

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response workers who shall, in the course of performing their duties as such, practice professional,

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mechanical, or other skill during a disaster emergency, shall be considered a state employee and

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shall be entitled to all rights in like manner as state employees under the provisions of chapters 29

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through 38 of title 28 and under § 9-31-8.

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     (d)(e) As used in this section, the term “disaster response worker” shall include any full-

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or part-time paid, volunteer, or auxiliary employee of this state, other states, territories, or

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possessions, the District of Columbia, the federal government, any neighboring country, or any

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political subdivision thereof, or any agency or organization, or any private person, firm, or

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corporation performing disaster response services at any place in this state subject to the order or

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control of, or pursuant to a request of, the state government or any political subdivision thereof.

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     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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     This act would provide that any disaster response worker shall, in the course of their duties,

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be considered a state employee and be entitled to all rights in like manner as state employees under

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the provisions of chapters 29 through 38 of title 28 (Workers Compensation) and under § 9-31-8

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(Defense of state employees by Attorney general).

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     This act would take effect upon passage.

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