HB417 (2021) Detail

(New Title) relative to the powers of the governor during a renewal of a declared state of emergency, and relative to the acceptance of federal assistance.


HB 417 - AS AMENDED BY THE HOUSE

 

8Apr2021... 0973h

2021 SESSION

21-0619

10/04

 

HOUSE BILL 417

 

AN ACT relative to the powers of the governor during a renewal of a declared state of emergency, and relative to the acceptance of federal assistance.

 

SPONSORS: Rep. Roy, Rock. 32; Rep. Belanger, Rock. 9; Rep. Layon, Rock. 6; Rep. Avellani, Carr. 5; Rep. Vail, Hills. 30; Rep. Cushman, Hills. 2

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill terminates a state of emergency called by the governor after 30 days and modifies the procedure for renewal.  Any orders issued during the period of a renewal of the state of emergency shall be subject to prior approval by the legislature.  This bill also requires executive council approval in the acceptance of services, equipment, supplies, materials, or funds from the federal 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Apr2021... 0973h 21-0619

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the powers of the governor during a renewal of a declared state of emergency, and relative to the acceptance of federal assistance.

 

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

 

1  Emergency Powers; Termination at 30 Days.  Amend RSA RSA 4:45, I(d) and II to read as follows:

(d) Duration of the state of emergency, if less than [21] 30 days.

II.(a) A state of emergency shall terminate automatically [21] 30 days after its declaration unless it is renewed [under the same procedures set forth in paragraph I of this section.  The governor may, by executive order, renew a declaration of a state of emergency as many times as the governor finds is necessary to protect the safety and welfare of the inhabitants of this state.] by the majority vote of each chamber of the legislature prior to termination. In the event that the legislature is unable to convene prior to the termination date, the state of emergency and orders issued pursuant thereto shall automatically extend in 14-day increments or until the legislature can convene to vote on the renewal, whichever comes first.

(b)  If the governor finds that maintaining the state of emergency is no longer justified, the governor shall issue an executive order terminating the state of emergency.

(c) The legislature may terminate a state of emergency by concurrent resolution adopted by a majority vote of each chamber.  [The governor's power to renew a declaration of a state of emergency shall terminate upon the adoption of a concurrent resolution under this subparagraph;] Provided, however, that such resolution shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section.

2  State of Emergency; Powers.  Amend the introductory paragraph of RSA 4:45, III to read as follows:

III. During the existence of [a] an initial period of a state of emergency, prior to any renewal, and only for so long as such state of emergency shall exist, the governor shall have and may exercise the following additional emergency powers:

3  New Paragraph; State of Emergency; Powers In Renewal; Procedure.  Amend RSA 4:45 by inserting after paragraph III the following new paragraph:

IV.(a)  If a state of emergency is renewed, any orders issued by the governor shall be approved by a majority of each chamber of the legislature, present and voting in such a manner as required by rules of the legislature, prior to such orders going into effect.  In the event that the legislature is unable to convene within 3 calendar days of the renewal, the state of emergency and orders issued pursuant thereto shall automatically extend in 14-day increments or until the legislature can convene to vote on the orders for the renewal, whichever comes first.  All emergency orders issued in the original 30-day state of emergency and any issued thereafter that were not subject to a vote in the legislature shall be presented to the legislature for a vote to be continued or terminated.

(b)  The governor shall make every effort to assist members of the legislature in convening to include transportation to and from the  location for the seat of state government should the circumstances of the emergency so require.  Members of the legislature shall be exempt from any emergency orders that would infringe on their ability to travel or otherwise conduct their business as representatives of the people.

V.  The acceptance of any federal, private, or other non-state gift, grant, or loan for purposes of emergency powers of the state which exceed $100,000, shall be required to be approved by the fiscal committee of the general court according to RSA 14:30-a, VI.  

4  Homeland Security; Executive Council Approval.  Amend RSA 21-P:43 to read as follows:

21-P:43  Appropriations and Authority to Accept Services, Gifts, Grants, and Loans.  Each political subdivision may make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local organization for emergency management.  Whenever the federal government or any federal agency or officer offers to the state, or through the state to any of its political subdivisions, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management the state, acting through the governor and council, commissioner, or such political subdivision, acting with the consent of the governor and council and through its executive officer, city council, or board of selectmen, may accept such offer, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.  Whenever any person, firm or corporation offers to the state or to any of its political subdivisions services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management the state, acting through the governor and council, or such political subdivision, acting through its executive officer, city council, or board of selectmen, may accept such offer, subject to its terms.

5  Applicability of Act.  The provisions of this act shall take effect upon the latter of either the passage of this act or 30 days after the termination of the COVID-19 state of emergency, as certified to the secretary of state and the director legislative services by the office of the governor.

6  Effective Date.  This act shall take effect as provided in section 5 of this act.

Links

HB417 at GenCourtMobile
HB417 Discussion

Action Dates

Date Body Type
Feb. 8, 2021 House Hearing
March 1, 2021 House Hearing
March 1, 2021 House Hearing
House Floor Vote
May 5, 2021 Senate Hearing

Bill Text Revisions

HB417 Revision: 32346 Date: April 8, 2021, 4 p.m.
HB417 Revision: 31728 Date: Jan. 10, 2021, 10:18 a.m.

Docket


May 5, 2021: Remote Hearing: 05/05/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 20


April 8, 2021: Introduced 04/08/2021 and Referred to Executive Departments and Administration; SJ 12


April 8, 2021: Ought to Pass with Amendment 2021-0973h: MA DV 328-41 04/08/2021


April 8, 2021: Amendment # 2021-0973h: AA VV 04/08/2021


: Minority Committee Report: Inexpedient to Legislate


: Majority Committee Report: Ought to Pass with Amendment # 2021-0973h (Vote 16-2; RC) HC 18 P. 45


March 1, 2021: Full Committee Work Session: 03/01/2021 01:30 pm Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/97946186413 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened. *The full committee work session will start at the earlier of 1:30pm or 30 minutes following the close of public hearings.


March 1, 2021: Public Hearing: 03/01/2021 10:00 am Please click the link below to join the webinar: https://zoom.us/j/97946186413 Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 8, 2021: Public Hearing: 02/08/2021 09:10 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/99308877767 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 47