CHAPTER 361
HB 1374 – FINAL VERSION
05Mar2008… 0542h
05/15/08 1754s
04Jun2008… 2167eba
2008 SESSION
05/04
HOUSE BILL 1374
AN ACT relative to the homeland security and emergency management responsibilities of the department of safety and the use of interpreters in court-authorized wiretaps.
SPONSORS: Rep. J. Flanders, Rock 8
COMMITTEE: Executive Departments and Administration
This bill establishes the division of homeland security and emergency management in the department of safety. The bill renames the division of emergency services, communications, and management as the division of emergency services and communication.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0542h
05/15/08 1754s
04Jun2008… 2167eba
08-2376
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the homeland security and emergency management responsibilities of the department of safety and the use of interpreters in court-authorized wiretaps.
Be it Enacted by the Senate and House of Representatives in General Court convened:
361:1 Homeland Security and Emergency Management. The subdivision heading preceding RSA 21-P:34 is repealed and reenacted to read as follows:
Homeland Security and Emergency Management
361:2 Purpose Statement. Amend RSA 21-P:34 to read as follows:
21-P:34 Purpose. Because of the possibility of the occurrence of natural and [man-made] human-caused disasters resulting from fire, flood, hurricane, earthquake, prolonged power outages, disruption or contamination of the food or water supply, degradation of critical facilities and vital systems, disruption of communication systems, or other natural, technological or [man-made] human causes, including acts of terrorism, and in order that the state of New Hampshire will be adequately prepared to cope with such disasters; and, generally, in order to preserve the lives and the property of the people of the state, a state division of emergency services, communications, and management is hereby created under the direction of the director of the division of [emergency services, communications, and management] homeland security and emergency management. The emergency management powers provided in this subdivision are conferred upon the governor and upon other executive heads of governing bodies of the state; the creation of local organizations for emergency management in the political subdivisions of the state is authorized; and provision is made for the rendering of mutual aid among the political subdivisions of the state and between this and other states and to cooperate with the federal government with respect to the carrying out of emergency management functions. It is further declared to be the purpose of this subdivision and the policy of the state that all emergency management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources, and facilities for dealing with any disaster or incident of terrorism that may occur.
361:3 Definition of Director and Emergency Management. Amend RSA 21-P:35, IV and V to read as follows:
IV. “Director” means the director of the division of [emergency services, communications, and management] homeland security and emergency management.
V. “Emergency management” means the preparation for and the carrying out of all emergency functions, including but not limited to emergency response and training functions, to prevent, minimize, and repair injury or damage resulting from the occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or [man-made] human cause, including but not limited to fire, flood, earthquake, windstorm, wave actions, technological incidents, oil or chemical spill, or water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, terrorist act, or riot.
361:4 Division of Homeland Security and Emergency Management. RSA 21-P:36 and 21-P:36-a are repealed and reenacted to read as follows:
21-P:36 Division of Homeland Security and Emergency Management.
I. There is hereby created a division of homeland security and emergency management within the department of safety under the supervision of the director of homeland security and emergency management nominated and appointed as provided in RSA 21-P:5-a.
II. The division shall consist of 2 bureaus, a bureau of homeland security and a bureau of emergency management. With the approval of the commissioner, the director may employ such necessary technical, clerical, stenographic, and other personnel, and may make such expenditures from state or federal funds as are or may be made available for purposes of homeland security and emergency management. The director and other personnel of the division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing, and funds for traveling and related expenses, in the same manner provided for personnel of other state agencies. The division and its personnel shall have such additional duties, responsibilities, and authority authorized by applicable laws as may be prescribed by the commissioner.
III. The commissioner of safety shall nominate an assistant director of homeland security and emergency management, for appointment by the governor with consent of the council, to serve at the pleasure of the commissioner. The assistant director shall receive the salary provided in RSA 94:1-a for the position.
21-P:36-a Assistant Director of the Division of Homeland Security and Emergency Management; Retirement System. For purposes of classification under the provisions of RSA 100-A, the assistant director of the division of homeland security and emergency management shall be eligible to be a group II member if the assistant director was a member of group II for at least 10 years prior to his or her appointment.
361:5 New Section; Agreement Resulting from Disaster Declaration. Amend RSA 21-P by inserting after section 37-a the following new section:
21-P:37-b Agreement Resulting from Disaster Declaration. If, as the result of a disaster declaration, the state of New Hampshire enters into an agreement with the federal government or another entity for assistance, either direct or indirect, financial or otherwise, such agreement shall be transmitted to the president of the senate and the speaker of the house of representatives within 30 days after approval by the governor and council. Any obligation of the general fund as the result of such an agreement shall be transmitted to the president of the senate and the speaker of the house of representatives for prompt payment. Administrative costs of the state of New Hampshire incident to such obligation shall be included in the submission to the general court.
361:6 Advisory Council on Emergency Preparedness and Security. RSA 21-P:48 is repealed and reenacted to read as follows:
21-P:48 Advisory Council on Emergency Preparedness and Security.
I. There is hereby created an advisory council on emergency preparedness and security, consisting of the following members:
(a) The director of the division of homeland security and emergency management.
(b) The attorney general, or designee.
(c) The chair of the public utilities commission, or designee.
(d) The adjutant general, or designee.
(e) The commissioner of the department of health and human services, or designee.
(f) The director of the division of fire safety.
(g) The commissioner of the department of safety, or designee.
(h) The director of the office of energy and planning.
(i) The commissioner of the department of transportation, or designee.
(j) The commissioner of the department of resources and economic development, or designee.
(k) The commissioner of the department of agriculture, markets, and food, or designee.
(l) The commissioner of the department of environmental services, or designee.
(m) The commissioner of the department of administrative services, or designee.
(n) The director of the division of ports and harbors, Pease development authority.
(o) The director of police standards and training.
(p) The director of the division of fire standards and training.
(q) A local police chief, appointed by the governor.
(r) A local fire chief, appointed by the governor.
(s) A county sheriff appointed by the governor.
(t) A representative of the Professional Firefighters of New Hampshire, appointed by the governor.
(u) The director of the division of state police.
(v) The director of the division of public health services.
(w) The commissioner of the department of corrections, or designee.
(x) The executive director of the department of fish and game, or designee.
(y) The executive director of the New Hampshire Hospital Association.
(z) A representative of a regional emergency planning committee, appointed by the governor.
(aa) One member of the state hazardous materials cooperative, appointed by the
governor.
(bb) A representative of the hazardous materials transporter industry, appointed by the governor.
(cc) A representative of the hazardous materials industry, appointed by the governor.
(dd) The director of the division of emergency communications and services.
(ee) A representative of the Business and Industry Association, appointed by the governor.
(ff) A representative from the United States Environmental Protection Agency, appointed by that agency.
(gg) A representative from the Federal Bureau of Investigation, appointed by the Bureau.
(hh) A representative from the United States Coast Guard, appointed by that agency.
(ii) The director of the division of safety services.
(jj) A representative of the nuclear power industry, appointed by the governor.
(kk) A representative of the United States Department of Homeland Security, appointed by the department.
(ll) The primary investigator for the Centers for Disease Control and Assistant Secretary for Preparedness and Response (ASPR) grant programs.
(mm) A representative of the state citizens corps, appointed by the governor.
(nn) A representative of the emergency medical services medical control board, appointed by the board.
(oo) The United States Attorney for the District of New Hampshire, or designee.
(pp) A representative from the department of health and human services radiological health program, designated by the commissioner of health and human services.
(qq) A representative from the department of environmental services environmental health program, designated by the commissioner of environmental services.
(rr) A representative from the department of environmental services waste management division, designated by the commissioner of environmental services.
(ss) A judicial branch representative, chosen by the chief justice of the supreme court.
(tt) A representative of a volunteer emergency response non-governmental organization, appointed by the governor.
(uu) Such other representatives as the governor, from time to time, may deem necessary for the fulfillment of the council’s mandates.
II. The council shall advise the governor on issues involving the state’s ability to respond to natural and human-caused disasters, and the preparation and maintenance of a state disaster plan in conformance with any federal regulation or law. The director of homeland security and emergency management shall seek the advice of the council in matters pertaining to any of the state’s emergency plans, including the allocation of state and federal resources to meet the objectives of such plan. The council shall serve the functions of the state emergency response commission (SERC) and the Centers for Disease Control’s state public health emergency preparedness committee, and may form subcommittees as necessary to perform these functions. The council shall periodically and otherwise as necessary report to the governor, the senate president, and the speaker of the house of representatives on any recommendations of the council that pertain to the state’s preparedness and ability to respond to natural and human-caused disasters and acts of terrorism. The commissioner of safety or the commissioner’s designee shall serve as the chairperson of the council.
III. No fewer than 20 members shall constitute a quorum at any meeting. For ex officio positions a designee from that organization may be appointed in writing by the member to represent him or her at any meeting which the member is unable to attend.
361:7 New Subdivision; Division of Emergency Services and Communications. Amend RSA 21-P by inserting after section 48 the following new subdivision:
Emergency Services and Communications
21-P:48-a Division of Emergency Services and Communications.
I. There is hereby created a division of emergency services and communications within the department of safety under the supervision of the director of emergency services and communications and reporting to the assistant commissioner. The commissioner shall nominate a director of the division of emergency services and communications for appointment by the governor, with the consent of the council, who shall serve a term of 4 years until a successor has been appointed. The director shall be responsible to carry out such duties as are specifically enumerated in this subdivision and as may be assigned by the office of the commissioner. The director shall be academically and technically qualified to hold the position and shall receive the salary specified in RSA 94:1-a for the director of emergency services and communications.
II. With the approval of the commissioner, the director may employ such necessary technical, clerical, stenographic, and other personnel, and may make such expenditures from state or federal funds as are or may be made available for purposes of emergency services and communications. The director and other personnel of the division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing, and funds for traveling and related expenses, in the same manner as provided for personnel of other state agencies. With general oversight by the assistant commissioner, the director shall coordinate the activities of all organizations for emergency 911 telecommunications within the state, state and local, county, and private, and shall maintain liaison with and cooperate with police, fire, emergency medical, and sheriff’s departments and emergency telecommunications organizations of other states and of the federal government. The director shall have such additional duties, responsibilities, and authority authorized by applicable laws as may be prescribed by the commissioner.
361:8 Fire Standards and Training and Emergency Medical Services Fund. Amend RSA 21-P:12-d to read as follows:
21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses incurred in the administration of the division of fire standards and training and emergency medical services, under RSA 21-P:12-a, the division of fire safety, under RSA 21-P:12, and [the bureau of emergency management in] the division of [emergency services, communications, and management under RSA 21-P:36] homeland security and emergency management. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the division of fire standards and training and emergency medical services, the division of fire safety, or the [bureau of emergency management in the division of emergency services, communications, and management] division of homeland security and emergency management, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the fire standards and training and emergency medical services funds to the department of safety for such purposes.
361:9 Special Assistance to Emergency Services Worker. Amend RSA 657:21-a, II to read as follows:
II. For the purposes of this section, “emergency services worker” shall include law enforcement, emergency medical services personnel, firefighters, members of the New Hampshire national guard, utility workers, employees or volunteers for the American Red Cross, and any other emergency worker declared such by the [bureau of emergency management in the division of emergency services, communications, and management,] department of safety.
361:10 Reference Change. Amend RSA 107-D:9 to read as follows:
107-D:9 Coordination With Other Agencies. The department is expressly authorized to coordinate with or to contract with the division of emergency services[,] and communications[, and management] established in RSA [21-P:36] 21-P:48-a and with other state agencies or departments, including but not limited to the department of transportation and the department of health and human services, to perform any activities necessary to implement this chapter.
361:11 Reference Change. Amend RSA 570-A:2, II(h) to read as follows:
(h) Any municipal, county, or state fire or police department, the division of emergency services[,] and communications[, and management] as created by RSA [21-P:36] 21-P:48-a, including the bureau of emergency communications as defined by RSA 106-H, or any independently owned emergency service, and their employees in the course of their employment, when receiving or responding to emergency calls, to intercept, record, disclose or use a telecommunication, while engaged in any activity which is a necessary incident to the rendition of service or the protection of life or property.
361:12 Reference Change; Director of Division of Emergency Services and Communications. Amend RSA 94:1-a, I(b) by:
I. Inserting:
FF Department of safety assistant director, homeland security and
emergency management
II Department of safety director of division of emergency services
and communications
II. Deleting:
FF Department of safety assistant director, bureau of emergency
management
II Department of safety director of division of emergency services,
communications, and management
361:13 New Section; Use of Interpreters in Wiretaps. Amend RSA 570-A by inserting after section 9-a the following new section:
570-A:9-b Use of Interpreters. Notwithstanding any other provision of this chapter, an investigative or law enforcement officer supervising an interception under this chapter in which the intercepted communication is in a code or foreign language may utilize the assistance and participation of a qualified interpreter to translate the language being used into English. Such interpreter, before entering upon his or her duties, shall take an oath that he or she will make a true interpretation in an understandable manner to the best of his or her skill and judgment.
361:14 Reference Change. Amend the following RSA sections by replacing “division of emergency services, communications, and management” with “division of emergency services and communications”: RSA 21-J:3, XXVIII; 21-P:38; 82-A:11-a; 82-A:16-a; 106-H:3, I(b); and 106-H:6 (introductory paragraph).
361:15 Reference Change. Amend the following RSA sections by replacing “division of emergency services, communications, and management” with “division of homeland security and emergency management:” RSA 21-P:37 (introductory paragraph); 100-A:3, III-c; 108:3; 154:30-c, I; 162-C:1, VII; and 485:40.
361:16 Fire Standards and Training and Emergency Medical Services Fund. RSA 21-P:12-d is repealed and reenacted to read as follows:
21-P:12-d Fire Standards and Training and Emergency Medical Services Fund. There is established in the office of the state treasurer a separate, nonlapsing fund to be known as the fire standards and training and emergency medical services fund from which the state treasurer shall pay expenses incurred in the administration of the division of fire standards and training and emergency medical services, under RSA 21-P:12-a, the division of fire safety, under RSA 21-P:12, the division of homeland security and emergency management, and the position of fireworks inspector, under RSA 160-C:17. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the division of fire standards and training and emergency medical services, the division of fire safety, or the division of homeland security and emergency management, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the fire standards and training and emergency medical services funds to the department of safety for such purposes.
361:17 Contingency. If SB 117-FN of the 2008 legislative session becomes law, section 16 of this act shall take effect at 12:01 a.m. on the effective date of SB 117-FN and section 8 of this act shall not take effect. If SB 117-FN does not become law, section 16 of this act shall not take effect and section 8 of this act shall take effect upon its passage.
361:18 Effective Date.
I. Section 16 of this act shall take effect as provided in section 17 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: July 11, 2008
Effective Date: I. Section 16 shall take effect as provided in section 17.
II. Remainder shall take effect July 11, 2008.