HB1187 (2012) Detail

Establishing a commission to prepare for possible action in the event of a catastrophic occurrence that renders the federal government unable to function.


HB 1187 – AS INTRODUCED

2012 SESSION

12-2664

05/09

HOUSE BILL 1187

AN ACT establishing a commission to prepare for possible action in the event of a catastrophic occurrence that renders the federal government unable to function.

SPONSORS: Rep. P. Brown, Rock 2; Sen. Barnes, Jr., Dist 17

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a commission to prepare for possible action in the event of a catastrophic occurrence that renders the federal government unable to function.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2664

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT establishing a commission to prepare for possible action in the event of a catastrophic occurrence that renders the federal government unable to function.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Commission on Emergency Preparedness. Amend RSA 4 by inserting after section 47 the following new section:

4:48 Commission Established on Emergency Preparedness.

I. There is established a commission to prepare for possible action in the event of a catastrophic occurrence that renders the federal government unable to function.

II. The commission shall be comprised of 9 members with expertise in one or more of the following fields: constitutional law, law enforcement, economics, education, military, agriculture, transportation, medical and health services, foreign trade, and business. Each member of the commission shall be appointed by the governor and executive council for a term of 3 years, except that the initial appointments shall be for staggered terms of one, 2, and 3 years. Members of the commission shall serve without compensation.

III. The commission shall prepare for possible action in the event of a catastrophic occurrence that renders the federal government unable to function. The commission shall study issues of state sovereignty and various circumstances under which, in the absence of a functioning federal government, the state may be required to provide for the safety and welfare of its citizens.

IV. The commission shall also consider what action the state may take in the event that the federal government takes action that is in conflict with the constitution of the state of New Hampshire.

V. Among other questions, the commission shall consider and provide alternative answers to:

(a) Who decides?

(b) What level of danger or federal paralysis should be the trigger for decision-making?

VI. The members of the commission shall elect a chairperson, vice-chairperson, and secretary from among the members. The first meeting of the commission shall be called by the first-named member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.

VII. Beginning November 1, 2012, the commission shall make an annual report on or before November 1 of its findings and recommendations to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the advisory council on emergency preparedness and security established in RSA 21-P:48, and the state library.

2 Effective Date. This act shall take effect upon its passage.