2022 -- H 7218

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LC004142

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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H O U S E   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 did extend 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 the 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 Rhode Island General

Law Section 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 those 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 House of Representatives of the State of Rhode Island hereby

finds and declares that Executive Order 21-86 together with any extensions and executive orders

relating to the additional powers granted to the Governor under § 30-15-9(e) of the General Laws

of the State of Rhode Island are and were rendered null and void through enactment 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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LC004142

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