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:

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     SECTION 1. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency

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Management" is hereby amended to read as follows:

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

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

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presented by disasters.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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area to which it applies.

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

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

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

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

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

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relating to disaster emergencies.

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

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

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

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

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

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

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

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scope and duration as is reasonably necessary for emergency response:

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

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

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

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

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

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suspension;

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

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

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

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thereof for the purpose of performing or facilitating emergency services;

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

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

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disaster emergency;

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

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

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life or other disaster mitigation, response, or recovery;

 

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

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evacuation;

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

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the area, and the occupancy of premises therein;

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

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explosives, and combustibles;

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

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

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

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

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

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

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

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

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

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

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

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

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

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subsection;

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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

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

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

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

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

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

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

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inconsistent with other provisions of law;

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

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

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

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treatment, transportation, and disposal of infectious waste;

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

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

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

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transportation, and disposal of corpses; and

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

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

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

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

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

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

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

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

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

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

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

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4-22.1.

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

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

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

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

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resolution.

 

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

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

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

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     (1) 20-06;

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     (2) 20-19;

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     (3) 20-37;

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     (4) 20-46 as amended by 21-60;

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     (5) 20-72;

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     (6) 21-26;

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     (7) 21-67; and

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

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     SECTION 2. This act shall take effect upon passage.

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LC000960

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

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

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emergency without a joint resolution of the general assembly.

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     This act would take effect upon passage.

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