2023 -- S 0127
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LC000960
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT
Introduced By: Senators DeLuca, Rogers, Paolino, E Morgan, de la Cruz, F. Lombardi,
Ciccone, Gallo, Britto, and Lauria
Date Introduced: February 01, 2023
Referred To: Senate Judiciary
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 1
Management" is hereby amended to read as follows: 2
30-15-9. Governor’s responsibilities relating to disaster emergencies. 3
(a) The governor shall be responsible for meeting the dangers to the state and people 4
presented by disasters. 5
(b) A state of emergency shall be declared by executive order or proclamation of the 6
governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is 7
imminent. The state of disaster emergency shall continue until the governor finds that the threat or 8
danger has passed or the disaster has been dealt with to the extent that emergency conditions no 9
longer exist and terminates the state of disaster emergency by executive order or proclamation, but 10
no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the 11
governor; provided, however that the renewal shall not be extended beyond an additional thirty 12
(30) days, without a joint resolution of the general assembly. The general assembly, by concurrent 13
resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall 14
issue an executive order or proclamation ending the state of disaster emergency and what actions 15
are being taken to control the emergency and what action the public should take to protect 16
themselves. All executive orders or proclamations issued under this subsection shall indicate the 17
nature of the disaster, the area or areas threatened, and the conditions that have brought it about or 18
that make possible termination of the state of disaster emergency. An executive order or 19
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proclamation shall be disseminated promptly by means calculated to bring its contents to the 1
attention of the general public and, unless the circumstances attendant upon the disaster prevent or 2
impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the 3
area to which it applies. 4
(c) An executive order or proclamation of a state of disaster emergency, shall activate the 5
state and local disaster emergency plans applicable to the political subdivision or area in question 6
and shall be authority for the deployment and use of any forces to which the plan or plans apply 7
and for the use or distribution of any supplies, equipment, and materials and facilities assembled, 8
stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law 9
relating to disaster emergencies. 10
(d) During the continuance of any state of disaster emergency the governor is commander-11
in-chief of the organized and unorganized militia and of all other forces available for emergency 12
duty. To the greatest extent practicable, the governor shall delegate or assign command authority 13
by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein 14
restricts the governor’s authority to do so by orders issued at the time of the disaster emergency. 15
(e) In addition to any other powers conferred upon the governor by law, the governor may 16
exercise the following powers, subject to the provisions of subsection (g) of this section, limited in 17
scope and duration as is reasonably necessary for emergency response: 18
(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct 19
of state business, or the orders, rules, or regulations of any state agency, if strict compliance with 20
the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay 21
necessary action in coping with the emergency, provided that the suspension of any statute, order, 22
rule or regulation will be limited in duration and scope to the emergency action requiring said 23
suspension; 24
(2) Utilize all available resources of the state government as reasonably necessary to cope 25
with the disaster emergency and of each political subdivision of the state; 26
(3) Transfer the direction, personnel, or functions of state departments and agencies or units 27
thereof for the purpose of performing or facilitating emergency services; 28
(4) Subject to any applicable requirements for compensation under § 30-15-11, 29
commandeer or utilize any private property if the governor finds this necessary to cope with the 30
disaster emergency; 31
(5) Direct and compel the evacuation of all or part of the population from any stricken or 32
threatened area within the state if the governor deems this action necessary for the preservation of 33
life or other disaster mitigation, response, or recovery; 34
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(6) Prescribe routes, modes of transportation, and destinations in connection with 1
evacuation; 2
(7) Control ingress and egress to and from a high risk area, the movement of persons within 3
the area, and the occupancy of premises therein; 4
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, 5
explosives, and combustibles; 6
(9) Make provision for the availability and use of temporary emergency shelter; 7
(10) Make and promulgate such rules and regulations as the governor may deem advisable 8
for the assigning, detailing, and making available for duty and use in any city or town of this state 9
any of the personnel, apparatus, or equipment of any police or fire department of any other city or 10
town, or of any volunteer fire company, or of any fire district, and that personnel shall have the 11
same powers, duties, rights, privileges, and immunities as if performing their duties in the city or 12
town in which they normally would be employed, but the personnel shall obey the orders of the 13
police and fire authorities of the city or town to which assigned, detailed, or made available. When 14
assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters 15
shall perform outside duties shall provide them with subsistence or pay them a reasonable 16
allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred 17
while being so used; provided, however, that a city or town shall be reimbursed by the state out of 18
the general fund of the state for all expenses incurred under the foregoing provisions of this 19
subsection; 20
(11) Designate as a special emergency health and sanitation area, any area within the state 21
that has been seriously damaged by disaster, or in which the existence of any military, naval, or air 22
establishment of the United States of America or of any industrial establishment constructed or 23
enlarged for purposes of national defense, has caused an increase in the population of that area to 24
such an extent as to produce unusual problems of health and sanitation. It is the duty of state health 25
authorities and the local code enforcement officials to make and enforce rules and regulations 26
designed to prevent the introduction of any contagious or infectious disease and to safeguard the 27
public health within the area. The governor may promulgate and enforce additional rules and 28
regulations for the protection of the public health within areas as may be necessary; 29
(12) Whenever, in the governor’s opinion, due to a disaster there is liable to be a serious 30
shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other 31
pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal 32
authorities are not adequately dealing with the situation, promulgate such rules and regulations as 33
he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those 34
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necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering 1
from, those necessities; additionally, during a declared time of state or national emergency, no 2
person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail 3
immediately prior to the proclamation of emergency or during the proclaimed state of emergency. 4
Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs 5
during the normal course of business. Any person, firm, or corporation who or that violates any 6
provision of this subsection shall be fined not more than one hundred dollars ($100); 7
(13) Do all other things necessary to effectively cope with disasters in the state not 8
inconsistent with other provisions of law; 9
(14) Adopt and enforce measures to provide for the safe disposal of infectious waste as 10
may be reasonable and necessary for emergency response due to a state disaster emergency. Such 11
measures may include, but are not limited to, the collection, storage, handling, destruction, 12
treatment, transportation, and disposal of infectious waste; 13
(15) Adopt and enforce measures to provide for the safe disposal of corpses as may be 14
reasonable and necessary for emergency response due to a state disaster emergency. Such measures 15
may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, 16
transportation, and disposal of corpses; and 17
(16) Compel a person to submit to a physical examination and/or testing as necessary to 18
diagnose or treat the person. The medical examination and/or testing may be performed by any 19
qualified person authorized by the department of health and must not be reasonably likely to result 20
in serious harm to the affected individual. The medical examination and/or testing shall be 21
performed immediately upon the order of the department of health without resort to judicial or 22
quasi-judicial authority. If the department of health is uncertain whether a person who refuses to 23
undergo medical examination and/or testing may have been exposed to an infectious disease or 24
otherwise poses a danger to public health, the department of health may subject the individual to 25
isolation or quarantine pursuant to § 23-8-4. 26
(f) Nothing contained herein shall be construed to limit or restrict the power of the general 27
assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35-28
4-22.1. 29
(g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this 30
section for disaster emergency response shall not exceed a period of one hundred eighty (180) days 31
from the date of the emergency order or proclamation of a state of disaster emergency, unless and 32
until the general assembly extends the one hundred eighty (180) day period by concurrent 33
resolution. 34
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(h) Nothing contained in subsection (g) of this section shall be construed to apply to the 1
following executive orders issued by the governor that shall remain in effect and may be extended 2
by further executive order up to, but not beyond, September 1, 2021: 3
(1) 20-06; 4
(2) 20-19; 5
(3) 20-37; 6
(4) 20-46 as amended by 21-60; 7
(5) 20-72; 8
(6) 21-26; 9
(7) 21-67; and 10
(8) 21-68, limited to paragraph 8. 11
SECTION 2. This act shall take effect upon passage. 12
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANA GEMENT
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This act would limit the governor to one thirty (30) day renewal of a declaration of 1
emergency without a joint resolution of the general assembly. 2
This act would take effect upon passage. 3
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LC000960
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