HB 417 - AS AMENDED BY THE SENATE
8Apr2021... 0973h
05/27/2021 1591s
05/27/2021 1661s
2021 SESSION
21-0619
10/04
HOUSE BILL 417
AN ACT relative to the powers of the governor during a declared state of emergency.
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, modifies the emergency powers, and requires approvals by the fiscal committee of the general court in certain instances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
05/27/2021 1591s
05/27/2021 1661s 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 declared state of emergency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Emergency Powers; Notice; Termination at 30 Days. Amend RSA RSA 4:45, I and II to read as follows:
I. The governor shall have the power to declare a state of emergency, as defined in RSA 21-P:35, VIII, by executive order if the governor finds that a natural, technological, or man-made disaster of major proportions is imminent or has occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. When practicable, the governor shall notify the speaker of the house of representatives and senate president of the impending issuance of emergency orders under this section and provide a description of such orders. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. An executive order or concurrent resolution declaring a state of emergency shall specify the:
(a) Nature of the emergency;
(b) Political subdivisions or geographic areas subject to the declaration;
(c) Conditions that have brought about the emergency; and
(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.
(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 or any emergency order issued thereunder 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 New Paragraphs; State of Emergency; Procedure. Amend RSA 4:45 by inserting after paragraph III the following new paragraphs:
IV. Members of the legislature shall be exempt from any emergency orders that would infringe on their ability to travel and conduct their business as representatives of the people.
V. The acceptance and expenditure of any federal, private, or other non-state gift, grant, or loan for purposes of emergency powers of the state pursuant to RSA 21-P:43 which exceed $100,000, shall be required to be approved by the fiscal committee of the general court according to RSA 14:30-a. Notwithstanding any other provision of law, under circumstances requiring expedited action for the immediate health, safety and welfare of the citizens of New Hampshire, the governor has the sole authority to accept and expend funds hereunder.
VI. Under this section, the governor shall submit an item to the chairperson of the fiscal committee of the general court for consideration by the fiscal committee. If the fiscal committee of the general court does not render a rejection or acceptance within 5 business days, the governor shall be able to accept and expend the funds without further action by the fiscal committee.
3 New Section; Homeland Security; Governor Duty. Amend RSA 21-P by inserting after section 43 the following new section:
21-P:43-a Governor Duty. The governor shall provide a list of all expenditures pursuant to this subdivision under a state of emergency to the executive council for informational purposes only, in order to ensure transparency.
4 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 of legislative services by the office of the governor.
5 Effective Date. This act shall take effect as provided in section 4 of this act.
| 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 |
| May 27, 2021 | Senate | Floor Vote |
| Senate | Floor Vote | |
| March 1, 2021 | House | Hearing |
| May 5, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
: Conference Committee Report; Not Signed Off; SJ 20
June 23, 2021: Conference Committee Report; Not Signed Off; SJ 20
June 16, 2021: ==CONTINUED== Conference Committee Meeting: 06/16/2021 12:00 pm LOB 306-308
June 15, 2021: ==RECESSED== Conference Committee Meeting: 06/15/2021 01:00 pm LOB 301-303
June 10, 2021: ==RECESSED== Conference Committee Meeting: 06/14/2021 11:00 am LOB 306-308
June 14, 2021: ==RECESSED== Conference Committee Meeting: 06/14/2021 11:00 am LOB 306-308
June 10, 2021: President Appoints: Senators Giuda, Carson, Prentiss; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Giuda, Carson, Prentiss; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Carson, Giuda, Prentiss; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 4, 2021: House Non-Concurs with Senate Amendment 2021-1591s and 2021-1661s and Requests CofC (Reps. McGuire, Roy, T. Lekas, Goley): MA VV 06/04/2021 HJ 9 P. 51
June 7, 2021: House Non-Concurs with Senate Amendment 2021-1591s and 2021-1661s and Requests CofC (Reps. McGuire, Roy, T. Lekas, Goley): MA VV 06/04/2021 HJ 9 P. 51
May 27, 2021: Ought to Pass with Amendments 2021-1591s, and 2021-1661s, RC 24Y-0N, MA; OT3rdg; 05/27/2021; SJ 17
May 27, 2021: Ought to Pass with Amendments 2021-1591s, and 2021-1661s, RC 24Y-0N, MA; OT3rdg; 05/27/2021; SJ 17
May 27, 2021: Sen. Soucy Floor Amendment # 2021-1772s, AF, VV; 05/27/2021; SJ 17
May 27, 2021: Sen. Soucy Floor Amendment # 2021-1772s, AF, VV; 05/27/2021; SJ 17
May 27, 2021: Sen. Carson Floor Amendment # 2021-1661s, AA, VV; 05/27/2021; SJ 17
May 27, 2021: Sen. Carson Floor Amendment # 2021-1661s, AA, VV; 05/27/2021; SJ 17
May 27, 2021: Committee Amendment # 2021-1591s, AA, VV; 05/27/2021; SJ 17
May 27, 2021: Committee Amendment # 2021-1591s, AA, VV; 05/27/2021; SJ 17
May 27, 2021: Committee Report: Ought to Pass with Amendment # 2021-1591s, 05/27/2021; SC 25
May 19, 2021: Committee Report: Ought to Pass with Amendment # 2021-1591s, 05/27/2021; SC 25
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 15, 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 13, 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 HJ 6 P. 70
April 8, 2021: Ought to Pass with Amendment 2021-0973h: MA DV 328-41 04/08/2021 HJ 6 P. 70
April 8, 2021: Amendment # 2021-0973h: AA VV 04/08/2021 HJ 6 P. 70
April 8, 2021: Amendment # 2021-0973h: AA VV 04/08/2021 HJ 6 P. 70
: Minority Committee Report: Inexpedient to Legislate
March 31, 2021: Minority Committee Report: Inexpedient to Legislate
March 31, 2021: Majority Committee Report: Ought to Pass with Amendment # 2021-0973h (Vote 16-2; RC) HC 18 P. 45
: 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.
Feb. 17, 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
Jan. 10, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 47