2022 -- H 7217

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LC004141

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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J O I N T   R E S O L U T I O N

TERMINATING THE GOVERNOR'S STATE OF EMERGENCY DECLARATION

     Introduced By: Representatives Place, Filippi, Chippendale, Newberry, Roberts,
Nardone, and Price

     Date Introduced: January 26, 2022

     Referred To: House State Government & Elections

     WHEREAS, On March 9, 2020, the Governor issued an executive order declaring a state

of emergency due to the dangers to health and life posed by COVID-19, which order is numbered

20-02; and

     WHEREAS, By executive order, the Governor extended the executive order and

promulgated other executive orders based on the state of emergency, as extended, and which state

of emergency was in effect on July 6, 2021; and

     WHEREAS, On July 6, 2021, House bill H-6122 Sub A, as amended (hereafter the "State

Budget") became law; and

     WHEREAS, Rhode Island General Laws § 30-15-9(e) grants to the governor certain

additional powers, which powers are limited in scope and duration to a period “reasonably

necessary for emergency response”; and

     WHEREAS, The State Budget did limit the duration of those additional powers set forth

above to a specific time period of one hundred eighty (180) days from the date of the emergency

order or proclamation of a state of disaster emergency, unless extended by the General Assembly

through the adoption of a concurrent resolution; and

     WHEREAS, Upon enactment of the State Budget on July 6, 2021, the foregoing time

limitations on the Governor’s additional powers became effective; and

     WHEREAS, On August 19, 2021, the Governor issued a new executive order numbered

21-86 declaring a new state of emergency with respect to the Delta variant of COVID-19 without

the authority contained in a concurrent resolution adopted by the General Assembly and which

new executive order has been extended by the Governor through orders or actions promulgated

by him after August 19, 2021; and

     WHEREAS, The clear intent of the State Budget amendment to General Law § 30-15-

9(e) was to eliminate the additional powers of the Governor set forth in that section, unless the

General Assembly extended such additional powers by concurrent resolutions irrespective of any

variant of COVID-19 which might arise by mutation of the COVID-19 virus, thereby terminating

the additional powers contained in § 30-15-9(e) effective upon enactment of the State Budget on

July 6, 2021, with respect to the COVID-19 state of emergency previously declared by the

Governor except as otherwise provided in Article 3 of the State Budget; and

     WHEREAS, The issuance of Executive Order 21-86, and all other Executive Orders or

extensions relating to COVID-19 or its variants or mutations together with all recommendations,

directions and orders, whether written or oral, pertaining to the additional powers granted to the

Governor under § 30-15-9(e) of the General Laws of the State of Rhode Island are null and void

as a result of the enactment of the State Budget; now, therefore be it

     RESOLVED, That this General Assembly of the State of Rhode Island hereby finds that

notwithstanding the fact that the Governor did not have the authority to extend to himself the

additional powers contained in § 30-15-9(e) of the General Laws in the promulgation of

Executive Order 21-86 together with extensions and other Executive Orders related thereto, the

House concurs with the Governor that such Executive Order was necessary; and be it further

     RESOLVED, That this General Assembly hereby adopts this concurrent resolution

extending the Governor’s additional powers contained in § 30-15-9(e) of the General Laws with

respect to Executive Order 21-86, together with extensions and other executive orders related

thereto and further declares that all orders with respect to COVID-19, its variants and mutations,

pertaining to the additional powers contained in § 30-15-9(e) of the General Laws shall terminate

on February 18, 2022, unless extended by concurrent resolution of the General Assembly as

provided by the terms of Article 3 of the State Budget; and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit a duly certified copy of this resolution to the Honorable Daniel McKee, Governor of the

State of Rhode Island.

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LC004141

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