LC 2.37 Lincoln Emergencies Act (Debating)

[Former President tack50]

SECTION I: NAME
1. This act shall be known as the Lincoln Emergencies Act or LEA
SECTION II: EMERGENCY RULES
1. During a declared state of emergency, the chief executive of Lincoln may allow Lincoln highway routes to:
A) open the shoulders of the road to evacuating vehicles
B) reverse traffic patterns to create contraflow lanes for evacuating vehicles
C) suspend collection of tolls on evacuation routes
2. During any mandatory evacuation in a declared emergency, any registered sex offender who enters a government shelter shall only be required to notify the shelter commander rather than every person in the shelter. The sex offender shall obey the shelter commander’s decisions regarding sleeping assignments, interaction with children, monitoring, and other decisions necessary to protect the safety of all evacuees in the government shelter.
3. A person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Chief Executive, pursuant to his or her power, or declared by a local authority pursuant to regional law, shall not be guilty of violating any State or local ordinances pertaining to the unlicensed concealed carrying of a weapon or firearm. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor. This act does not preclude any prosecution for the use of a weapon or firearm during the commission of any criminal offense, other than the unlicensed concealed carry or the transportation of a weapon or firearm through an area that traditionally restricts the presence of such weapons or firearms.
4. It shall be unlawful for any Regional, State, or local law enforcement officer or employee to operate or otherwise order the use of a robot for the purpose of delivering an explosive device intended to be detonated near any person, unless specifically authorized by the Chief Executive of Lincoln. In the event that the Chief Executive cannot be reached after a good-faith effort is made by the Sheriff of the locality seeking to use the robot delivered explosive device, the Sheriff may authorize its use, provided that in his good-faith judgment, the circumstances requiring the use of the explosive device are an imminent threat to public safety and that waiting until the Regional Governor can be reached will result in loss of life. For the purposes of this act, an explosive device shall not include flash bangs or gas emitting devices intended solely to disorient a criminal suspect to enable live capture. Any person who violates this act, shall be guilty of 2nd degree murder if the suspect dies, and aggravated assault if the suspect is injured but does not die. This act does not prohibit the use of robots to disarm bombs, including the safe detonation of bombs which cannot be safely disabled without detonation. Any Officer or employee who violates this act shall not have qualified immunity for civil litigation arising from the violation.
SECTION III: ENACTMENT
1. This act shall take effect forty-five (45) days after passage.

[/quote]

Sponsor: thr33

Debate time for this bill has started and shall last no less than 72 hours

[Pyro]

Interesting proposals, Councilor.

1. During a declared state of emergency, the chief executive of Lincoln may allow Lincoln highway routes to:
A) open the shoulders of the road to evacuating vehicles
B) reverse traffic patterns to create contraflow lanes for evacuating vehicles
C) suspend collection of tolls on evacuation routes

This all seems fine with me - although I may swap out "chief executive" with Governor.

2. During any mandatory evacuation in a declared emergency, any registered sex offender who enters a government shelter shall only be required to notify the shelter commander rather than every person in the shelter. The sex offender shall obey the shelter commander’s decisions regarding sleeping assignments, interaction with children, monitoring, and other decisions necessary to protect the safety of all evacuees in the government shelter.

Are "shelter commanders" codified in regional law? I'm not sure how those individuals would be appointed or if they are already assigned in the case of an emergency situation. Otherwise, if this can be done I'm in favor of it.

3. A person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Chief Executive, pursuant to his or her power, or declared by a local authority pursuant to regional law, shall not be guilty of violating any State or local ordinances pertaining to the unlicensed concealed carrying of a weapon or firearm. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor. This act does not preclude any prosecution for the use of a weapon or firearm during the commission of any criminal offense, other than the unlicensed concealed carry or the transportation of a weapon or firearm through an area that traditionally restricts the presence of such weapons or firearms.

Why should a person be allowed to break the law in the case of an emergency? I would figure it should be the exact opposite, where the punishment would be harsher for concealing a weapon during a situation that already demands the strictest safety precautions possible. I do not believe that individuals evacuating should be allowed to bring concealed firearms, and especially not if it means they will bring a weapon into a government shelter.

4. It shall be unlawful for any Regional, State, or local law enforcement officer or employee to operate or otherwise order the use of a robot for the purpose of delivering an explosive device intended to be detonated near any person, unless specifically authorized by the Chief Executive of Lincoln. In the event that the Chief Executive cannot be reached after a good-faith effort is made by the Sheriff of the locality seeking to use the robot delivered explosive device, the Sheriff may authorize its use, provided that in his good-faith judgment, the circumstances requiring the use of the explosive device are an imminent threat to public safety and that waiting until the Regional Governor can be reached will result in loss of life. For the purposes of this act, an explosive device shall not include flash bangs or gas emitting devices intended solely to disorient a criminal suspect to enable live capture. Any person who violates this act, shall be guilty of 2nd degree murder if the suspect dies, and aggravated assault if the suspect is injured but does not die. This act does not prohibit the use of robots to disarm bombs, including the safe detonation of bombs which cannot be safely disabled without detonation. Any Officer or employee who violates this act shall not have qualified immunity for civil litigation arising from the violation.

I'm not aware of this taking place outside of Dallas several years ago. I suppose if the Council supports this measure I will do so as well, though I would ask Councilor Thr33 explain this provision a bit more.

[PSOL]

I have reservations on the current protections of sex offenders. In the event of an emergency, I don’t believe the current clause best protects those individuals in these type of high-stress situation.

Another point is that I think this bill would be best with an amendment modifying our current resources to fight such disasters; more funding, better equipment, better preparation, etc. I will try and write these points up in the coming time to best deal with these issues, will that be looked upon favorably to the sponsor?

On another matter, for the creation of such an amendment, can I be updated on Lincoln’s current disaster fund and other areas of relevance?

[PSOL]

I have reservations on the current protections of sex offenders. In the event of an emergency, I don’t believe the current clause best protects those individuals in these type of high-stress situation.

Another point is that I think this bill would be best with an amendment modifying our current resources to fight such disasters; more funding, better equipment, better preparation, etc. I will try and write these points up in the coming time to best deal with these issues, will that be looked upon favorably to the sponsor?

On another matter, for the creation of such an amendment, can I be updated on Lincoln’s current disaster fund and other areas of relevance?

Both removing sex offender protections and expanding the bill in an amendment would be friendly. As I noted above, I have issues with that as well.

I think the point is not to cause a panic, but I think either everybody in the shelter should be made aware, or sex offenders should be quarantined off to a separate section of the shelter.

Totally agree, but I think having some provisions that maintain order during hard times would be wise. Perhaps this might get fixed with more preparedness in general? We’ll get to that soon.

[Pyro]

Lincoln Council is now in Final Business Period

The Second Council of Lincoln will dissolve at Midnight EST July 16th

[PSOL]

For the creation of this amendment, I need to know where Lincoln and Atlasia are in terms of disaster preparedness. Do we have a disaster fund?

[Pyro]

For the creation of this amendment, I need to know where Lincoln and Atlasia are in terms of disaster preparedness. Do we have a disaster fund?

We don't have enough time this session for further amendments. If you wish to propose one then we will need to re-introduce the bill in the next Council session.

[PSOL]

I motion for a move on a final vote.

[Pyro]

Objection.

I appreciate the comments provided by Councilor Thr33 to my concerns with this legislation, but I stand by my original opposition to the stipulation excusing concealed carry, and I believe passing this bill as-is presents a clear and present danger to evacuees and workers assisting with emergency protocols.

[S019]

I concur with the Speaker, I don't support reinstating concealed carry

[Mr. Reactionary]

3. A person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Chief Executive, pursuant to his or her power, or declared by a local authority pursuant to regional law, shall not be guilty of violating any State or local ordinances pertaining to the unlicensed concealed carrying of a weapon or firearm. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor. This act does not preclude any prosecution for the use of a weapon or firearm during the commission of any criminal offense, other than the unlicensed concealed carry or the transportation of a weapon or firearm through an area that traditionally restricts the presence of such weapons or firearms.

Why should a person be allowed to break the law in the case of an emergency? I would figure it should be the exact opposite, where the punishment would be harsher for concealing a weapon during a situation that already demands the strictest safety precautions possible. I do not believe that individuals evacuating should be allowed to bring concealed firearms, and especially not if it means they will bring a weapon into a government shelter.

Stricter!? You are uprooting someone from their home and now telling them they are criminals for packing up their stuff and fleeing like you told them! It is extremely reckless to have gun owners leave their weapons behind, unguarded for looters to steal. If a hurricane storm wall is coming you are literally forcing them to just leave their expensive guns to be destroyed if they arent allowed to take them with them. Thats cruel, evil, and absurd ...