2023 -- S 0127

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LC000960

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     STATE OF RHODE ISLAND

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

Management" is hereby amended to read as follows:

     30-15-9. Governor’s responsibilities relating to disaster emergencies.

     (a) The governor shall be responsible for meeting the dangers to the state and people

presented by disasters.

     (b) A state of emergency shall be declared by executive order or proclamation of the

governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is

imminent. The state of disaster emergency shall continue until the governor finds that the threat or

danger has passed or the disaster has been dealt with to the extent that emergency conditions no

longer exist and terminates the state of disaster emergency by executive order or proclamation, but

no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the

governor; provided, however that the renewal shall not be extended beyond an additional thirty

(30) days, without a joint resolution of the general assembly. The general assembly, by concurrent

resolution, may terminate a state of disaster emergency at any time. Thereupon, the governor shall

issue an executive order or proclamation ending the state of disaster emergency and what actions

are being taken to control the emergency and what action the public should take to protect

themselves. All executive orders or proclamations issued under this subsection shall indicate the

nature of the disaster, the area or areas threatened, and the conditions that have brought it about or

that make possible termination of the state of disaster emergency. An executive order or

proclamation shall be disseminated promptly by means calculated to bring its contents to the

attention of the general public and, unless the circumstances attendant upon the disaster prevent or

impede, promptly filed with the agency, the secretary of state, and the city and town clerks in the

area to which it applies.

     (c) An executive order or proclamation of a state of disaster emergency, shall activate the

state and local disaster emergency plans applicable to the political subdivision or area in question

and shall be authority for the deployment and use of any forces to which the plan or plans apply

and for the use or distribution of any supplies, equipment, and materials and facilities assembled,

stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law

relating to disaster emergencies.

     (d) During the continuance of any state of disaster emergency the governor is commander-

in-chief of the organized and unorganized militia and of all other forces available for emergency

duty. To the greatest extent practicable, the governor shall delegate or assign command authority

by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein

restricts the governor’s authority to do so by orders issued at the time of the disaster emergency.

     (e) In addition to any other powers conferred upon the governor by law, the governor may

exercise the following powers, subject to the provisions of subsection (g) of this section, limited in

scope and duration as is reasonably necessary for emergency response:

     (1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct

of state business, or the orders, rules, or regulations of any state agency, if strict compliance with

the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay

necessary action in coping with the emergency, provided that the suspension of any statute, order,

rule or regulation will be limited in duration and scope to the emergency action requiring said

suspension;

     (2) Utilize all available resources of the state government as reasonably necessary to cope

with the disaster emergency and of each political subdivision of the state;

     (3) Transfer the direction, personnel, or functions of state departments and agencies or units

thereof for the purpose of performing or facilitating emergency services;

     (4) Subject to any applicable requirements for compensation under § 30-15-11,

commandeer or utilize any private property if the governor finds this necessary to cope with the

disaster emergency;

     (5) Direct and compel the evacuation of all or part of the population from any stricken or

threatened area within the state if the governor deems this action necessary for the preservation of

life or other disaster mitigation, response, or recovery;

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     (6) Prescribe routes, modes of transportation, and destinations in connection with

evacuation;

     (7) Control ingress and egress to and from a high risk area, the movement of persons within

the area, and the occupancy of premises therein;

     (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms,

explosives, and combustibles;

     (9) Make provision for the availability and use of temporary emergency shelter;

     (10) Make and promulgate such rules and regulations as the governor may deem advisable

for the assigning, detailing, and making available for duty and use in any city or town of this state

any of the personnel, apparatus, or equipment of any police or fire department of any other city or

town, or of any volunteer fire company, or of any fire district, and that personnel shall have the

same powers, duties, rights, privileges, and immunities as if performing their duties in the city or

town in which they normally would be employed, but the personnel shall obey the orders of the

police and fire authorities of the city or town to which assigned, detailed, or made available. When

assigned, detailed, or made available as aforesaid, the city or town in which the police or firefighters

shall perform outside duties shall provide them with subsistence or pay them a reasonable

allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred

while being so used; provided, however, that a city or town shall be reimbursed by the state out of

the general fund of the state for all expenses incurred under the foregoing provisions of this

subsection;

     (11) Designate as a special emergency health and sanitation area, any area within the state

that has been seriously damaged by disaster, or in which the existence of any military, naval, or air

establishment of the United States of America or of any industrial establishment constructed or

enlarged for purposes of national defense, has caused an increase in the population of that area to

such an extent as to produce unusual problems of health and sanitation. It is the duty of state health

authorities and the local code enforcement officials to make and enforce rules and regulations

designed to prevent the introduction of any contagious or infectious disease and to safeguard the

public health within the area. The governor may promulgate and enforce additional rules and

regulations for the protection of the public health within areas as may be necessary;

     (12) Whenever, in the governor’s opinion, due to a disaster there is liable to be a serious

shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other

pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal

authorities are not adequately dealing with the situation, promulgate such rules and regulations as

he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those

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necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering

from, those necessities; additionally, during a declared time of state or national emergency, no

person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail

immediately prior to the proclamation of emergency or during the proclaimed state of emergency.

Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs

during the normal course of business. Any person, firm, or corporation who or that violates any

provision of this subsection shall be fined not more than one hundred dollars ($100);

     (13) Do all other things necessary to effectively cope with disasters in the state not

inconsistent with other provisions of law;

     (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as

may be reasonable and necessary for emergency response due to a state disaster emergency. Such

measures may include, but are not limited to, the collection, storage, handling, destruction,

treatment, transportation, and disposal of infectious waste;

     (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be

reasonable and necessary for emergency response due to a state disaster emergency. Such measures

may include, but are not limited to, the embalming, burial, cremation, interment, disinterment,

transportation, and disposal of corpses; and

     (16) Compel a person to submit to a physical examination and/or testing as necessary to

diagnose or treat the person. The medical examination and/or testing may be performed by any

qualified person authorized by the department of health and must not be reasonably likely to result

in serious harm to the affected individual. The medical examination and/or testing shall be

performed immediately upon the order of the department of health without resort to judicial or

quasi-judicial authority. If the department of health is uncertain whether a person who refuses to

undergo medical examination and/or testing may have been exposed to an infectious disease or

otherwise poses a danger to public health, the department of health may subject the individual to

isolation or quarantine pursuant to § 23-8-4.

     (f) Nothing contained herein shall be construed to limit or restrict the power of the general

assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35-

4-22.1.

     (g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this

section for disaster emergency response shall not exceed a period of one hundred eighty (180) days

from the date of the emergency order or proclamation of a state of disaster emergency, unless and

until the general assembly extends the one hundred eighty (180) day period by concurrent

resolution.

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     (h) Nothing contained in subsection (g) of this section shall be construed to apply to the

following executive orders issued by the governor that shall remain in effect and may be extended

by further executive order up to, but not beyond, September 1, 2021:

     (1) 20-06;

     (2) 20-19;

     (3) 20-37;

     (4) 20-46 as amended by 21-60;

     (5) 20-72;

     (6) 21-26;

     (7) 21-67; and

     (8) 21-68, limited to paragraph 8.

     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

***

     This act would limit the governor to one thirty (30) day renewal of a declaration of

emergency without a joint resolution of the general assembly.

     This act would take effect upon passage.

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