CACR21 (2020) Detail

The continuity of government. Providing that the general court shall have the power and duty to adopt measures necessary for the continuity of government in periods of emergency.


CACR 21 - AS INTRODUCED

 

 

2020 SESSION

20-3143

06/05

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 21

 

RELATING TO: the continuity of government.  

 

PROVIDING THAT: the general court shall have the power and duty to adopt measures necessary for the continuity of government in periods of emergency.

 

SPONSORS: Rep. Shurtleff, Merr. 11

 

COMMITTEE: [committee]

 

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ANALYSIS

 

This constitutional amendment concurrent resolution removes the provision requiring a state of emergency to result from an enemy attack in order for the general court to have the power to adopt measures necessary for the continuity of government.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

20-3143

06/05

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: the continuity of government.  

 

PROVIDING THAT: the general court shall have the power and duty to adopt measures necessary for the continuity of government in periods of emergency.

 

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

 

I.  That article 5-a of the second part of the constitution be amended to read as follows:

[Art.] 5-a.  [Continuity of Government in [Case of Enemy Attack] Periods of Emergency.] Notwithstanding any general or special provision of this constitution, the general court, in order to insure continuity of state and local government operations in periods of emergency [resulting from disasters caused by enemy attack], shall have the power and the immediate duty to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations including but not limited to the financing thereof.  In the exercise of the powers hereby conferred the general court shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the general court so to do would be impracticable or would admit of undue delay.

II.  That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2020.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2020 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2020 session of the general court shall be approved.

IV.  That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending article 5-a of the second part of the constitution to read as follows:

[Art.] 5-a.  [Continuity of Government in Periods of Emergency.] Notwithstanding any general or special provision of this constitution, the general court, in order to insure continuity of state and local government operations in periods of emergency, shall have the power and the immediate duty to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations including but not limited to the financing thereof.  In the exercise of the powers hereby conferred the general court shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the general court so to do would be impracticable or would admit of undue delay."

V.  That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions.  The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.”  If no cross is made in either of the squares, the ballot shall not be counted on the question.  The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2020 General Court” shall be printed in bold type at the top of the ballot.

VI.  That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

VII.  Voters' Guide.

AT THE PRESENT TIME, the general court has the power to adopt measures necessary for insuring the continuity of governmental operations in periods of emergency only if such emergency is the result of disasters caused by enemy attack.

IF THE AMENDMENT IS ADOPTED, the power and duty of the general court to adopt measures necessary for insuring the continuity of governmental functions would not be limited to enemy attack but would extend to all periods of emergency.

Links

CACR21 at GenCourtMobile
CACR21 Discussion

Action Dates

Date Body Type
June 11, 2020 House Hearing
June 11, 2020 House Hearing

Bill Text Revisions

CACR21 Revision: 8439 Date: June 8, 2020, 10:45 a.m.

Docket

Date Status
March 12, 2020 Late Drafting and Introduction Approved by Rules Committee 03/12/2020
March 12, 2020 Introduced 03/12/2020
Rules Suspension to consider at the present time without required referral to commmittee/public hearing and report from committee and if passed allow for immediate third reading MF lacking necessary 2/3 RC 197-143/06/11/2020
June 11, 2020 Rules Suspension to consider at the present time without required referral to commmittee, public hearing and report from committee, and if passed, allow for immediate third reading MF lacking necessary 2/3 RC 197-143 06/11/2020