Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0127 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0127
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7	7	LC000960
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT
16	16	Introduced By: Senators DeLuca, Rogers, Paolino, E Morgan, de la Cruz, F. Lombardi,
17	17	Ciccone, Gallo, Britto, and Lauria
18	18	Date Introduced: February 01, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency 1
24	24	Management" is hereby amended to read as follows: 2
25	25	30-15-9. Governor’s responsibilities relating to disaster emergencies. 3
26	26	(a) The governor shall be responsible for meeting the dangers to the state and people 4
27	27	presented by disasters. 5
28	28	(b) A state of emergency shall be declared by executive order or proclamation of the 6
29	29	governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is 7
30	30	imminent. The state of disaster emergency shall continue until the governor finds that the threat or 8
31	31	danger has passed or the disaster has been dealt with to the extent that emergency conditions no 9
32	32	longer exist and terminates the state of disaster emergency by executive order or proclamation, but 10
33	33	no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the 11
34	34	governor; provided, however that the renewal shall not be extended beyond an additional thirty 12
35	35	(30) days, without a joint resolution of the general assembly. The general assembly, by concurrent 13
36	36	resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall 14
37	37	issue an executive order or proclamation ending the state of disaster emergency and what actions 15
38	38	are being taken to control the emergency and what action the public should take to protect 16
39	39	themselves. All executive orders or proclamations issued under this subsection shall indicate the 17
40	40	nature of the disaster, the area or areas threatened, and the conditions that have brought it about or 18
41	41	that make possible termination of the state of disaster emergency. An executive order or 19
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45	45	proclamation shall be disseminated promptly by means calculated to bring its contents to the 1
46	46	attention of the general public and, unless the circumstances attendant upon the disaster prevent or 2
47	47	impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the 3
48	48	area to which it applies. 4
49	49	(c) An executive order or proclamation of a state of disaster emergency, shall activate the 5
50	50	state and local disaster emergency plans applicable to the political subdivision or area in question 6
51	51	and shall be authority for the deployment and use of any forces to which the plan or plans apply 7
52	52	and for the use or distribution of any supplies, equipment, and materials and facilities assembled, 8
53	53	stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law 9
54	54	relating to disaster emergencies. 10
55	55	(d) During the continuance of any state of disaster emergency the governor is commander-11
56	56	in-chief of the organized and unorganized militia and of all other forces available for emergency 12
57	57	duty. To the greatest extent practicable, the governor shall delegate or assign command authority 13
58	58	by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein 14
59	59	restricts the governor’s authority to do so by orders issued at the time of the disaster emergency. 15
60	60	(e) In addition to any other powers conferred upon the governor by law, the governor may 16
61	61	exercise the following powers, subject to the provisions of subsection (g) of this section, limited in 17
62	62	scope and duration as is reasonably necessary for emergency response: 18
63	63	(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct 19
64	64	of state business, or the orders, rules, or regulations of any state agency, if strict compliance with 20
65	65	the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay 21
66	66	necessary action in coping with the emergency, provided that the suspension of any statute, order, 22
67	67	rule or regulation will be limited in duration and scope to the emergency action requiring said 23
68	68	suspension; 24
69	69	(2) Utilize all available resources of the state government as reasonably necessary to cope 25
70	70	with the disaster emergency and of each political subdivision of the state; 26
71	71	(3) Transfer the direction, personnel, or functions of state departments and agencies or units 27
72	72	thereof for the purpose of performing or facilitating emergency services; 28
73	73	(4) Subject to any applicable requirements for compensation under § 30-15-11, 29
74	74	commandeer or utilize any private property if the governor finds this necessary to cope with the 30
75	75	disaster emergency; 31
76	76	(5) Direct and compel the evacuation of all or part of the population from any stricken or 32
77	77	threatened area within the state if the governor deems this action necessary for the preservation of 33
78	78	life or other disaster mitigation, response, or recovery; 34
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82	82	(6) Prescribe routes, modes of transportation, and destinations in connection with 1
83	83	evacuation; 2
84	84	(7) Control ingress and egress to and from a high risk area, the movement of persons within 3
85	85	the area, and the occupancy of premises therein; 4
86	86	(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, 5
87	87	explosives, and combustibles; 6
88	88	(9) Make provision for the availability and use of temporary emergency shelter; 7
89	89	(10) Make and promulgate such rules and regulations as the governor may deem advisable 8
90	90	for the assigning, detailing, and making available for duty and use in any city or town of this state 9
91	91	any of the personnel, apparatus, or equipment of any police or fire department of any other city or 10
92	92	town, or of any volunteer fire company, or of any fire district, and that personnel shall have the 11
93	93	same powers, duties, rights, privileges, and immunities as if performing their duties in the city or 12
94	94	town in which they normally would be employed, but the personnel shall obey the orders of the 13
95	95	police and fire authorities of the city or town to which assigned, detailed, or made available. When 14
96	96	assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters 15
97	97	shall perform outside duties shall provide them with subsistence or pay them a reasonable 16
98	98	allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred 17
99	99	while being so used; provided, however, that a city or town shall be reimbursed by the state out of 18
100	100	the general fund of the state for all expenses incurred under the foregoing provisions of this 19
101	101	subsection; 20
102	102	(11) Designate as a special emergency health and sanitation area, any area within the state 21
103	103	that has been seriously damaged by disaster, or in which the existence of any military, naval, or air 22
104	104	establishment of the United States of America or of any industrial establishment constructed or 23
105	105	enlarged for purposes of national defense, has caused an increase in the population of that area to 24
106	106	such an extent as to produce unusual problems of health and sanitation. It is the duty of state health 25
107	107	authorities and the local code enforcement officials to make and enforce rules and regulations 26
108	108	designed to prevent the introduction of any contagious or infectious disease and to safeguard the 27
109	109	public health within the area. The governor may promulgate and enforce additional rules and 28
110	110	regulations for the protection of the public health within areas as may be necessary; 29
111	111	(12) Whenever, in the governor’s opinion, due to a disaster there is liable to be a serious 30
112	112	shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other 31
113	113	pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal 32
114	114	authorities are not adequately dealing with the situation, promulgate such rules and regulations as 33
115	115	he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those 34
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119	119	necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering 1
120	120	from, those necessities; additionally, during a declared time of state or national emergency, no 2
121	121	person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail 3
122	122	immediately prior to the proclamation of emergency or during the proclaimed state of emergency. 4
123	123	Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs 5
124	124	during the normal course of business. Any person, firm, or corporation who or that violates any 6
125	125	provision of this subsection shall be fined not more than one hundred dollars ($100); 7
126	126	(13) Do all other things necessary to effectively cope with disasters in the state not 8
127	127	inconsistent with other provisions of law; 9
128	128	(14) Adopt and enforce measures to provide for the safe disposal of infectious waste as 10
129	129	may be reasonable and necessary for emergency response due to a state disaster emergency. Such 11
130	130	measures may include, but are not limited to, the collection, storage, handling, destruction, 12
131	131	treatment, transportation, and disposal of infectious waste; 13
132	132	(15) Adopt and enforce measures to provide for the safe disposal of corpses as may be 14
133	133	reasonable and necessary for emergency response due to a state disaster emergency. Such measures 15
134	134	may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, 16
135	135	transportation, and disposal of corpses; and 17
136	136	(16) Compel a person to submit to a physical examination and/or testing as necessary to 18
137	137	diagnose or treat the person. The medical examination and/or testing may be performed by any 19
138	138	qualified person authorized by the department of health and must not be reasonably likely to result 20
139	139	in serious harm to the affected individual. The medical examination and/or testing shall be 21
140	140	performed immediately upon the order of the department of health without resort to judicial or 22
141	141	quasi-judicial authority. If the department of health is uncertain whether a person who refuses to 23
142	142	undergo medical examination and/or testing may have been exposed to an infectious disease or 24
143	143	otherwise poses a danger to public health, the department of health may subject the individual to 25
144	144	isolation or quarantine pursuant to § 23-8-4. 26
145	145	(f) Nothing contained herein shall be construed to limit or restrict the power of the general 27
146	146	assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35-28
147	147	4-22.1. 29
148	148	(g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this 30
149	149	section for disaster emergency response shall not exceed a period of one hundred eighty (180) days 31
150	150	from the date of the emergency order or proclamation of a state of disaster emergency, unless and 32
151	151	until the general assembly extends the one hundred eighty (180) day period by concurrent 33
152	152	resolution. 34
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156	156	(h) Nothing contained in subsection (g) of this section shall be construed to apply to the 1
157	157	following executive orders issued by the governor that shall remain in effect and may be extended 2
158	158	by further executive order up to, but not beyond, September 1, 2021: 3
159	159	(1) 20-06; 4
160	160	(2) 20-19; 5
161	161	(3) 20-37; 6
162	162	(4) 20-46 as amended by 21-60; 7
163	163	(5) 20-72; 8
164	164	(6) 21-26; 9
165	165	(7) 21-67; and 10
166	166	(8) 21-68, limited to paragraph 8. 11
167	167	SECTION 2. This act shall take effect upon passage. 12
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174	174	EXPLANATION
175	175	BY THE LEGISLATIVE COUNCIL
176	176	OF
177	177	A N A C T
178	178	RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANA GEMENT
179	179	***
180	180	This act would limit the governor to one thirty (30) day renewal of a declaration of 1
181	181	emergency without a joint resolution of the general assembly. 2
182	182	This act would take effect upon passage. 3
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184	184	LC000960
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