IN THE FIRESTONE SENATE
February 17, 2023
Road Closure Act of 2023
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1 - SEVERABILITY & ENACTMENT
(a) Should any part of this act be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.
(b) Upon the completion of the constitutionally required processes, this Act shall enter into effect immediately.
SECTION 2 - DEFINITIONS
(a) “A Bill to Recognize Road Closures (fixed)” shall be defined as “A Bill to Recognize Road Closures (fixed)”
(b) A “Road Closure” or “Full Road Closure” shall be defined as the blockage and/or restriction of a roadway from civilians and/or individuals who are not essential to the given situation or circumstance(s). The individual(s) who are restricted from the closed roadway shall be designated at the discretion of the individual leading or commanding the circumstance/situation/incident that caused the road closure.
(b1) A “Road Closure” shall also include the partial restriction and/or blockage of a roadway. Any government authority authorized by this legislation to initiate a road closure may initiate a partial road closure instead. The term “Road Closure” shall also include a partial road closure any time it is referenced in this legislation.
(b2) A “Partial Road Closure” shall be defined as a road closure that does not require a detour and still allows two-way travel on the partially closed road.
(c) A “Roadway” or “Road” shall be defined as any street, driveway, dirt path, parking lot, highway, or other pathway meant for vehicles.
(d) “Public Service Departments” shall be defined as the Firestone Department of Transportation; the Firestone Department of Boating and Waterways; the Firestone Department of Public Works; and any other legitimate government agency/department whose objective is to maintain or assist with maintaining the state’s infrastructure.
(e) “Medical & Fire Personnel” shall be defined as any medically qualified individual, or any individual certified to be a firefighter, who is actively on-duty and representing the Firestone Department of Health while staffing or operating an ambulance or other response vehicle; or the Stapleton County Fire Department; or any other legitimate government agency/department whose objective is to provide medical treatment to injured patients, extinguish fires, perform rescue operations, extricate patients from vehicles, handle HAZMAT situations, or perform any other duty that reasonably resembles a duty of a fire department.
(e1) A “Medically qualified individual” shall be defined as any individual who has a medical certification found here, or on any other official government database that maintains a list of medical certifications, with a scope of practice equivalent to, or higher than that of an EMT-Basic certification.
(e2) An “Individual certified to be a firefighter” shall be defined as any individual who is listed as “FF” or “Firefighter” certified on this board, or any other official government database that maintains the list of certified firefighters.
(f) An “Event” shall be defined as any public or social occasion or gathering.
(g) A “Commerce Approved Business” shall be defined as a business that has written consent from the Secretary of the Firestone Department of Commerce and the Secretary of the Firestone Department of Transportation to exercise the powers prescribed in sections 4e and 4f of this legislation. The Secretary of the Firestone Department of Commerce shall be obligated to maintain an accurate public record displaying which businesses have the power to exercise these powers.
SECTION 3 - UNIVERSAL PROVISIONS
(a) Any road closure initiated under circumstances listed in Sections 4a, 4b, 4c, 4d, 4e and/or 4f of this legislation must be ended once the applicable situation or circumstance have been resolved (if a specific situation or circumstance is required), or when the road closure no longer in compliance with this legislation.
(b) On-duty law enforcement personnel, medical & fire personnel, public service departments, commerce-approved businesses, and Firestone National Guard personnel may not unreasonably initiate road closures on roadways where an incident did not occur or where the relevant situation is not actively occurring.
(c) On-duty law enforcement personnel, medical & fire personnel, public service departments, commerce-approved businesses, and Firestone National Guard personnel shall not unnecessarily close major roadways where a detour would majorly hinder travel of the public; and shall make a reasonable effort to not do so, if possible given the circumstances.
(c1) A road closure on the FS401 that would completely block one way of travel shall require permission from the Secretary of the Firestone Department of Transportation, the Colonel of the Firestone State Patrol, or the Governor, unless the road closure is for an emergency situation or in exigent circumstances. The Governor shall have the authority to override the Colonel and Secretary, in which case the permission shall be rescinded.
(d) Only individuals authorized by this legislation or other legislation may initiate a road closure.
(e) Departments and businesses may create policy that restricts their employees from exercising the powers given in this legislation.
(f) If a position listed in sections 4b4 or 3c1 of this legislation is vacant, the acting thereof shall retain the same authority.
SECTION 4 - ROAD CLOSURES
(a) On-duty law enforcement personnel may only initiate a road closure or multiple road closures for:
(a1) an emergency situation or incident; or
(a2) a situation that may pose a risk to any vehicle traveling on a roadway in the vicinity of the situation; or
(a3) a situation where the flow of traffic on a roadway near the situation may endanger or obstruct on-scene personnel; or
(a4) circumstances where it is absolutely necessary; or
(a5) a situation where a legitimate government agency/department or a commerce approved business has requested a road closure be initiated by law enforcement or where they have requested law enforcement assistance, so long as the road closure being initiated is in compliance the requirements for that department to initiate a road closure, as defined in this legislation; or
(a6) the preservation of a crime scene; or
(a7) the security or lockdown of a government property that is controlled by the law enforcement personnel’s respective department; or
(a8) any situation or circumstance authorized by other legislation or the Constitution.
(b) Employees of Public Service Departments may only initiate a road closure or multiple road closures:
(b1) on behalf of law enforcement personnel, fire & medical personal, a commerce approved business, and/or Firestone National Guard personnel so long as the circumstances in their respective section of this legislation are met; or
(b2) while performing maintenance, where the flow of traffic may endanger or obstruct on scene personnel; or
(b3) while performing their official duties, where the flow of traffic may endanger or obstruct on scene personnel; or
(b4) for an event, only with approval from the County Executive, the Secretary of the Department of Transportation, the Colonel of the Firestone State Patrol, or the Governor, unless the Governor overrides the approval of the County Executive, the Colonel of the Firestone State Patrol, and/or the Secretary of the Department of Transportation, which they shall have the authority to do so, and in which case the approval for the event shall be rescinded; or
(b5) while assisting a commerce approved business, or doing so on their behalf, so long as the provisions set in sections 4e or 4f of this legislation are met; or
(b6) for any situation or circumstance authorized by other legislation or the Constitution.
(c) Medical & Fire Personnel may only initiate a road closure or multiple road closures for:
(c1) any active scene relating to their official duties, where the flow of traffic may endanger or obstruct on-scene personnel or patients; or
(c2) a situation that may pose a risk to any vehicle traveling on a roadway in the vicinity of the situation; or
(c3) for any situation or circumstance authorized by other legislation or the Constitution.
(d) Firestone National Guard Personnel may initiate a road closure or multiple road closures:
(d1) when there is an active State of Emergency declared by the Governor, and the road closure(s) are being done in good faith, with the goal of maintaining the safety of citizens, the state’s infrastructure, or the state’s security; or
(d2) when acting on an order from the Governor to initiate road closure(s) during a State of Emergency or in exigent circumstances, in compliance with the Firestone Constitution; or
(d3) in a situation where the Firestone National Guard has been legally called out or deployed, and where a road closure is reasonably required in the circumstances, and where such road closure(s) is/are required to protect the safety of citizens, the state’s infrastructure, or the state’s security; or
(d4) in any situation or circumstance listed in section 3a of this legislation; or
(d5) for any situation or circumstance authorized by other legislation or the Constitution.
(e) Commerce-approved businesses may initiate a partial road closure:
(e1) for maintenance that is within their official duties and/or purpose.
(f) Commerce-approved businesses may initiate a full road closure, or multiple thereof:
(f1) for necessary maintenance that is within their official duties and/or purpose, and where they have received approval from, or are accompanied by the Department of Transportation.
SECTION 5 - NULLIFICATIONS
(a) “A Bill to Recognize Road Closures (fixed)” shall be declared null and void in its entirety.
CHIEF-SPONSOR(S)
Mega_Goalie16, Senator
CO-SPONSOR(S)
Kamraxn, Governor of the State of Firestone
Ftlicious, Colonel of the Firestone State Patrol
Skeletron19YT, Sheriff of the Stapleton County Sheriff’s Office
Faachiano, Chief of the Arborfield Police Department
Tor_Laws, Chief of the Prominence Police Department
Flam_ed, Chief of the Redwood Police Department
Slee_20, Secretary of the Firestone Department of Transportation
chaserdude123, Deputy Secretary of the Firestone Department of Transportation
xM_inn, Deputy Secretary of the Firestone Department of Public Works
HippoRarest, Secretary of the Firestone Department of Boating and Waterways
cirt31, Secretary of the Firestone Department of Health
L_3ee, Speaker of the House
FrostEspresso, Senator
tonysstepbro, Senator
kyhuls, Senator
SveetChloe, Representative
AlexTheAviator, Representative
Bgod98, Representative