A N A C T
RELATING TO EMERGENCY MANAGEMENT
It is enacted by the General Assembly as follows:
SECTION 1. The title of Chapter 30-15 of the General Laws entitled "Defense Civil Preparedness" is hereby amended to read as follows:
DEFENSE CIVIL PREPAREDNESS
SECTION 2. Sections 30-15-1, 30-15-2, 30-15-3, 30-15-5, 30-15-6, 30-15-7, 30-15-8, 30-15-9, 30-15-11, 30-15-12, 30-15-13, 30-15-14, and 30-15-20 of the General Laws in Chapter 30-15 entitled "Defense Civil Preparedness" are hereby amended to read as follows:
30-15-1. Short title. --This chapter may be cited as the "Rhode Island
Defense Civil Preparedness Emergency Management Act".
30-15-2. Purposes of provisions. -- The purposes of this chapter are:
(1) To reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action;
(2) To prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;
(3) To provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;
(4) To clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, and response to and recovery from disasters;
(5) To authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;
(6) To authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of this state, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;
(7) To provide a disaster management system embodying all
aspects of pre-disaster preparedness and post-disaster response; andfour (4) phases of emergency management; mitigation; preparedness; response; and recovery.
(8) To assist in prevention of disasters caused or aggravated by inadequate planning for and regulation of public and private facilities and land use.
30-15-3. Definitions. -- As used in this chapter:
(1) "Disaster" means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man made cause, including but not limited to
(iv) Wind, storm, wave action, oil spill, or other water contamination requiring emergency action to avert danger or damage;
(v) Volcanic activity;
(vii) Air contamination;
(xiii) Hostile military or paramilitary action; or
(xiv) Endangerment of the health, safety, or resources of the people of the state;
(2) "Political subdivision" means any city
, or town , or other unit of local government;in Rhode Island; and
(3) "Unorganized militia" means all able-bodied persons between the ages of sixteen (16) and fifty (50) years.
30-15-5. Defense civil preparedness agency created -- Personnel -- Facilities. --30-15-5 Emergency management preparedness agency created -- Personnel -- Facilities. -- (a) There is hereby created within the executive department, the Rhode Island
defense civil preparednessemergency management agency (hereinafter in this chapter called the "agency"), to be headed by the adjutant general of the Rhode Island national guard who shall be appointed by and serve at the pleasure of, the governor, and who shall be in the unclassified service.
(b) The adjutant general may employ such technical, clerical, stenographic, and other personnel, all of whom shall be in the classified service, and may make such expenditures within the appropriation therefor, or from other funds made available for the purposes of this chapter, as may be necessary to carry out the purposes of this chapter, consistent with other applicable provisions of law.
(c) The agency may provide itself with appropriate office space, furniture, equipment, supplies, stationery, and printing.
(d) The adjutant general, subject to the direction and control of the governor, shall be the executive head of the agency, and shall be responsible to the governor for carrying out the program for disaster preparedness of this state. The adjutant general shall coordinate the activities of all organizations for disasters within the state, and shall maintain liaison with and cooperate with disaster agencies and organizations of other states and of the federal government. The adjutant general shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.
30-15-6. Advisory council. -- (a) There is hereby created the Rhode Island
defense civil preparednessemergency management advisory council (hereinafter in this chapter called the "council"). The council will consist of twenty-eight (28)thirty-one (31) members as follows:
Fifteen (15)Sixteen (16) ex officio members as follows:
(i) The lieutenant governor;
(ii) The adjutant general;
law revision officerdirector of the joint committee on legislative servicesadministration/statewide planning;
(iv) The director of health;
(v) The director of transportation;
(vi) The director of human services;
(vii) The superintendent of state police;
(viii) The public utilities administrator;
(ix) The director of the department of the environment;
(x) The director of mental health, retardation, and hospitals;
(xi) The director of elderly affairs;
(xii) The chairperson of the state water resources board;
(xiii) The chairperson of the governor's commission on disabilities;
(xiv) The chairperson of the Rhode Island public transit authority;
(xv) The executive director of the coastal resources management council or his or her designee;
(xvi) The executive director of the American Red Cross, Rhode Island Chapter; and
Ten (10)Fifteen (15) members appointed by and serving at the pleasure of the governor, as follows:
(i) Two (2) members of the senate, not more than one of whom shall be from the same political party;
(ii) Two (2) members of the house of representatives, not more than one of whom shall be from the same political party;
(iii) One representative of the electric industry;
(iv) One representative of the gas industry;
(v) One representative of the telephone industry;
(vi) The executive director of the Rhode Island petroleum association or other similarly situated person;
(vii) Two (2) representatives of the general public, one who shall have expertise in disaster preparedness;
(viii) One representative of the Rhode Island league of cities and towns;
(ix) One representative of E-911, the uniform emergency telephone authority;
(x) One representative of the media
(xi) One representative of the water supply industry;
(xii) One representative of the health care industry.
(xiii) One representative of the Rhode Island Firefighters Association.
(b) It shall be the duty of the council to advise the governor and the adjutant general on all matters pertaining to disaster preparedness. The lieutenant governor shall serve as chairperson of the council and the adjutant general shall serve as vice-chairperson. In providing advice to the governor and the adjutant general, the council shall, among other matters reasonably related to their authority, do the following:
(1) Establish a regular meeting schedule and form subcommittees as may be appropriate;
disaster preparednessemergency managementplans and other matters as may be acted upon or otherwise provided for in this chapter;
(3) Establish priorities and goals on
civil defense preparednessemergency management matters on an annual basis;
disaster preparednessemergency management plans in conjunction with the adjutant general, and otherwise conduct such other studies as may be deemed appropriate;
(5) Review the
plans and coordination of the state's civil defenseemergency management programs with appropriate authorized agencies and conduct studies on the programs as may be necessary;
(6) Review the plans and operations of the various cities and towns in disaster preparedness in conjunction with the director and his or her office
; as required or necessary; and
(7) Provide for a payment of twenty-five dollars ($25.00) per meeting not to exceed three hundred dollars ($300) per year for meetings attended; and
(8) Provide an annual report on its activities in conjunction with the adjutant general.
30-15-7. Governor's general powers. -- The governor shall be responsible for carrying out the provisions of this chapter and shall be primarily responsible for
disaster preparedness emergency management in the state. Aside from powers granted to the governor elsewhere, the governor is hereby specifically authorized to:
(1) Issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations, for the purposes of this chapter, have the force and effect of law;
(2) Cooperate with the federal authorities and with the governors and/or officials of the other states in matters pertaining to the common disaster preparedness of the states and nation, and in exercising the powers under this chapter, the governor shall avoid duplications of and conflicts with the efforts of the federal authorities acting within their proper spheres;
(3) Consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At the governor's direction, and pursuant to any other authority they now have, state agencies, including but not limited to those that are or may be charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards, shall make studies of disaster prevention-related matters. The governor, from time to time, shall make recommendations to the general assembly, local governments, and other appropriate public and private entities as may facilitate measures for
prevention or reduction mitigation of the harmful consequences of disasters;
(4) Prepare a comprehensive plan and program for disasters (including response and recovery) in the state, the plan and program to be integrated into and coordinated with the
disaster plans of the federal government and response and disaster plans of other states to the fullest possible extent, and coordinate the preparation of plans and programs for disasters by the political subdivisions of the state, such plans to be integrated into and coordinated with the state disaster plan and program of this state to the fullest possible extent;
(5) In accordance with such
plan plans and program programs for disasters in the state, procure supplies and equipment, to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of disaster organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of disaster personnel in time of need;
(6) Delegate any administrative authority vested in the governor under this chapter, and provide for the subsequent delegation of that authority; and
(7) Do all other things necessary to insure adequate preparation for disasters in the state, not inconsistent with other provisions of law.
30-15-8. Mobile support units. -- (a) The governor or the governor's duly designated representative is authorized to create and establish such number of mobile support units as may be necessary to reinforce disaster organizations in stricken areas with due consideration of the plans of the federal government and, of other states.
The governor shall appoint a commander for each that unit who shall have primary responsibility for the organization, administration and operation of that unit. Mobile support units shall be called to duty upon orders of the governor and shall perform their functions in any part of the state or, upon the conditions specified in this section, in other states.
(b) (1) Personnel of mobile support units while on duty, whether within or without the state, shall:
(i) If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment;
(ii) If they are employees of a political subdivision of the state, and whether serving within or without the political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and
(iii) If they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at a rate equivalent to the rate of compensation paid to jurors in state courts, and to the same rights and immunities as are provided by law for the employees of this state.
(2) All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of disaster activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses
. , as if they were temporary state employees.
(c) The state shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the employees of a political subdivision while serving as members of a mobile support unit, and for all payments for death, disability, or injury of those employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of that mobile support unit.
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.
disaster 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. 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. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which 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
disaster response and recovery aspects of 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:
(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;
(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 section 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;
(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(7) Control ingress and egress to and from a
disaster 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
(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 firemen 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 which 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 shall be the duty of
the state health authorities of the cities or towns containing the area, and the local code enforcment 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. In the event that the health authorities of the cities or towns are unable or fail to make or enforce adequate rules and regulations for the protection of the public health within special emergency health and sanitation areas established within their jurisdiction, as herein provided, the The governor may promulgate and enforce such additional rules and regulations for the protection of the public health within that area or areas as may be necessary ,; and for this purpose he or she may assume all or any of the powers and authority heretofore or hereafter conferred by law upon the health authorities of the cities or towns;
(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, or any other
necessary 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 necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of or profiteering in from those necessities; and
(13) Do all other things necessary to effectively cope with disasters in the state not inconsistent with other provisions of law.
30-15-11. Emergency claims commission. -- (a) There is hereby created an emergency claims commission, consisting of three (3) qualified electors of this state, who shall, if deemed necessary, within ten (10) days after the governor shall have proclaimed an emergency, be appointed by the presiding justice of the superior court. Any vacancy in the membership of the commission shall be filled forthwith by the presiding justice. The presiding justice shall fix the per diem compensation of the members of the commission. The commission shall determine what sum will justly compensate the claimant for the property taken, and that determination shall be made in accordance with the procedure established by the majority of the justices of the superior court, which procedure shall be designed to secure the just, speedy, and inexpensive determination of claims for compensation. The commission may hire and the state shall pay for the services of such skilled and disinterested appraisers as the commission shall deem necessary to assist it in the performance of its duties. The clerk of the superior court for Providence County shall detail one of
his or her the assistant clerks and such clerical assistance as may be necessary to assist the commission in performing its duties, and when and if the commission so requests, the clerks of the superior courts for the other counties of the state shall furnish the commission such clerical assistance as it may require. The proper authorities shall provide the commission with suitable and convenient quarters in the courthouses of the state.
(b) Whenever the governor takes possession of or title to any real or personal property pursuant to the provisions of this chapter, he or she shall forthwith cause the owner and/or possessor thereof, hereinafter referred to as the "claimant", to be notified in such manner as the commission shall provide, and shall also cause a copy of the notice to be filed with the commission. If the claimant or the attorney general representing the state, is not satisfied with the award made by the commission, he or she may appeal within thirty (30) days thereafter to the superior court, and the proceedings shall thereafter be conducted in the superior court in accordance with the guaranties of the constitution and such rules of procedure as a majority of the justices of the court may adopt. Review by the supreme court shall be available to the state and to the claimant in accordance with such rules as a majority of the justices of the supreme court may adopt provided a petition therefor is filed in the office of the clerk of the supreme court within thirty (30) days after entry of the decision of the superior court. These proceedings shall have precedence on the calendars of the courts. All unappealed awards and final judgments entered against the state in all proceedings and the fees and expenses of the commission shall be paid by the general treasurer out of any money in the treasury appropriated therefor and/or any money in the treasury not otherwise appropriated, and this direction shall constitute an appropriation for the payment of said awards, judgments, fees, and expenses.
30-15-12. Local disaster preparedness. -- 30-15-12. Local emergency management. -- (a) Each city and town of the state, shall establish, through
a proclamation of the mayor in cities or the town council in towns, local ordinance, a comparable agency, headed by a director, similar to the state-wide disaster agency, with powers and duties within their respective jurisdictions similar to those of the agency. This agency shall be known as the "(here insert the name of the city or town) defense civil preparedness emergency management agency". Local agencies shall cooperate with and assist the agency and shall perform such services as may be requested by it. Local agencies may act jointly with other such agencies.
(b) The chief executive officer of each city or town shall have powers and duties with respect to
disaster preparedness emergency management within their city or town similar to those of the governor on the state level, not inconsistent with other provisions of law.
30-15-13. Local disaster emergencies. -- (a) A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or town clerk.
(b) The effect of a declaration of a local disaster emergency is to activate the mitigation response and recovery aspects of any and all applicable local disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.
30-15-14. Interstate civil defense and disaster compact. -- 30-15-14. Interstate emergency management and disaster compact. -- (a) This state hereby enacts into law and enters into the interstate
civil defense emergency management and disaster compact with all states, as defined therein, which states have enacted or shall hereafter enact the compact in the form substantially as follows:
Article 1. The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including
sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. terrorism. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other any emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense various state emergency management agencies or similar bodies of the states that are parties hereto. The directors of civil defense emergency management of all party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.
Article 2. It shall be the duty of each party state to formulate
civil defenseemergency management plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government Federal Emergency Management Agency and the free exchange of information and plans, including inventories of any materials and equipment available. for civil defense. In carrying out such civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
Insignia, arm bands and other distinctive articlesOfficial identification> to designate and distinguish the different civil defenseemergency management services;
Blackouts and practice blackouts, air raid drills, mobilization of civil defenseMobilization of emergency management forces and other tests and exercises;
(c) Warnings and signals
for drills or attacks and thetests, including mechanical devices to be used in connection therewith;
(d) The effective
screening or extinguishing of all lights and lighting devices and appliances;utilization of the emergency alert system;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services
; when deemed in the interest of overall public safety;
(f) All materials or equipment used or to be used for
civil defense management purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state;
(g) The conduct of
civilianspopulation and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;actual emergencies or disasters;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
Article 3. Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the
civil defenseemergency managementforces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services, civil defenseState of Rhode Island emergency management forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defenseemergency management authorities of the state receiving assistance.
Article 4. Whenever any person holds a license, certificate or other permit issued by a state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered.
Article 5. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation, and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance,
welfare, public assistance, transportation and communications personnel, equipment and supplies.
Article 7. Each party state shall provide for the payment of compensation and death benefits to injured members of the
civil defense emergency management forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.
Article 8. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such request; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state supplying
civil defense emergency management forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces assistance during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
Article 9. Plans for the orderly evacuation and reception of the
civilian general population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense emergency management areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States government under plans approved by it. After the termination of the emergency or disaster the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
Article 10. This compact shall be available to any state, territory or possession of the United States, and the District of Columbia. The term "state" may also include any neighboring foreign country or province or state thereof.
Article 11. The committee established pursuant to article 1 of this compact may request the civil defense agency of the United States government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States government may attend meetings of such committee.
Article 12. This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the
civil defense Rhode Island emergency management agency and other appropriate agencies of the United States government.
Article 13. This compact shall continue in force and remain binding on each party state until the legislature or the governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the governor of the party state desiring to withdraw to the governors of all other party states.
Article 14. (A) This compact shall be construed to effectuate the purposes stated in article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
(B) Nothing in subsection (A) shall be construed to limit previous or future entry into the interstate
civil defense emergency management and disaster compact of Rhode Island with other states.
(C) If any person holds a license, certificate, or other permit issued by any other state or political subdivision thereof evidencing the meeting of qualifications for professional, mechanical, or other skills, the person may render aid involving that skill in Rhode Island to meet an emergency or disaster, and this state shall give due recognition to the license, certificate, or other permit.
30-15-20. References to agency predecessor. -- Wherever in any general or public law, the words "state council of defense", "Rhode Island state council of defense", or "council of defense" shall appear, these words shall mean and include the "Rhode Island
defense civil preparedness emergency management agency" as established by this chapter. The "Rhode Island defense civil preparednessemergency management agency", created renamed by the action of this chapter, is hereby declared to be the successor to the Rhode Island state council of defense. All provisions of law shall, so far as applicable, be so construed.
SECTION 3. Section 30-15-22 of the General Laws in Chapter 30-15 entitled "Defense Civil Preparedness" is hereby repealed.
30-15-22. Transfer of functions and employees to department of administration. -- There are hereby transferred to the department of administration:
(1) Those functions of the defense civil preparedness agency which were administered through or with respect to agency programs in the performance of strategic planning as defined in section 42-11-10(c);
(2) All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the defense civil preparedness agency who were performing strategic planning functions as defined in section 42-11-10(c); and
(3) So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the adjutant general as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2) of this section.
SECTION 4. Section 30-15.1-1 of the General Laws in Chapter 30-15.1 entitled "Emergency Location of State Government" is hereby amended to read as follows:
30-15.1-1. Declaration -- Transition of affairs. -- Whenever, due to an emergency resulting from the effects of
enemy attacka disaster, or the anticipated effects of a threatened enemy attackpotential disaster, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Providence, county of Providence, state of Rhode Island, the governor shall, as often as the exigencies of the situation require, by executive order or proclamation, declare an emergency temporary location, or locations, for the seat of government at such a place, or places, within or without this state as he or she may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to that emergency temporary location or locations. The emergency temporary location, or locations, shall remain as the seat of government until the general assembly shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
SECTION 5. Section 30-15.2-1 of the General Laws in Chapter 30-15.2 entitled "Emergency Location of Governments for State Political Subdivisions" is hereby amended to read as follows:
30-15.2-1. Establishment. -- Whenever, due to an emergency resulting from the effects of
enemy attacka disaster, or the anticipated effects of a threatened enemy attackpotential disaster, it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding principal executive officer or any two (2) members of the governing body, and shall proceed to establish and designate by ordinance executive order, resolution, or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. These sites or places may be within or without the territorial limits of the political subdivision and may be within or without this state.
SECTION 6. Sections 30-15.3-1, 30-15.3-2, and 30-15.3-3 of the General Laws in Chapter 30-15.3 entitled "Emergency Shelters" are hereby repealed.
30-15.3-1. Public fallout shelters. -- On and after January 1, 1968, every building constructed with public funds by the state or by any city, town, or school district within the state shall contain appropriate nuclear fallout shelter areas for use of the general public or for a government emergency operating center, or both.
30-15.3-2. Specifications, supervision, and enforcement. -- The state defense civil preparedness council, the state department of administration, and the state department of transportation shall be jointly responsible for the establishment of specifications for the fallout shelter facilities and for the supervision and enforcement of this chapter.
30-15.3-3. Exceptions. -- The provisions of this chapter shall not apply:
(1) When the inclusion of a fallout shelter would increase the cost of design and construction of the structure more than three and one-half percent (31/2%); or
(2) When the type of construction, as determined by the state defense civil preparedness council, the state department of administration, and the state department of transportation, is such that the inclusion of a fallout shelter in the construction is not feasible.
SECTION 7. Section 30-15.8-1 of the General Laws in Chapter 30-15.8 entitled "Mutual Aid Agreement With Bordering States" is hereby amended to read as follows:
30-15.8-1. Authority of governor. -- (a) The governor may enter into an agreement with any state bordering Rhode Island or with any office or agency of that state pledging to the state of Rhode Island
to participate participation in a mutual aid plan in the event of a disaster.
(b) The mutual agreement entered into by the state of Rhode Island and any other border state shall be activated only when the governor has declared a disaster to exist under the laws of this state, or the president of the United States, at the request of the governor, has declared a major disaster or emergency to exist in this state or the border state.
SECTION 7. This act shall take effect upon passage.