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1 Short Title. This section shall be known as the "Protecting Our Taxes from Unauthorized Sequestration Act" or the "POTUS Act."
2 Statement of Purpose. This act ensures that New Hampshire safeguards state resources by withholding payments to the federal government if federal aid legally authorized by Congress is withheld under an executive order or in contravention of a court order.
3 New Section; Frozen Federal Aid; Requirement to Withhold Moneys Owed to the Federal Government. Amend RSA 6 by inserting after section 10-d the following new section:
6:10-e Withholding Federal Payments Owed.
I. The state treasurer shall determine the approximate amount of federal aid that New Hampshire is deprived of, or expected to be deprived of, due to an executive order of the President of the United States or a violation of a court order.
II. For the purposes of this section, "violation of a court order" means a circumstance where a court of law has issued an order for injunctive relief for the state against the federal government, including orders where federal aid is required to be released to the state, and the presidential administration fails to comply with such order.
III. Within 60 days of the executive order or violation of a court order, the state treasurer shall submit a report to the governor and the general court. The report shall:
(a) Describe in detail the amount of federal aid withheld or expected to be withheld; and
(b) Identify all payments New Hampshire is required to make to the federal government for any reason during the 12 months following submission of the report.
IV. Of the payments identified in the report, the state treasurer shall withhold payments to the federal government in an amount not to exceed the approximate amount of federal aid the state is being or is expected to be deprived of. The state treasurer shall maintain these withheld payments in an escrow or other dedicated account until the state has received all federal aid previously withheld under the executive order or in violation of the court order, at which time such withheld payments shall be released by the state treasurer.
V. The state treasurer shall authorize payment of the withheld funds upon confirmation that all withheld federal aid has been restored to New Hampshire.
4 Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
5 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Short Title. This section shall be known as the "Protecting Our Taxes from Unauthorized Sequestration Act" or the "POTUS Act."
2 Statement of Purpose. This act ensures that New Hampshire safeguards state resources by withholding payments to the federal government if federal aid legally authorized by Congress is withheld under an executive order or in contravention of a court order.
3 New Section; Frozen Federal Aid; Requirement to Withhold Moneys Owed to the Federal Government. Amend RSA 6 by inserting after section 10-d the following new section:
6:10-e Withholding Federal Payments Owed.
I. The state treasurer shall determine the approximate amount of federal aid that New Hampshire is deprived of, or expected to be deprived of, due to an executive order of the President of the United States or a violation of a court order.
II. For the purposes of this section, "violation of a court order" means a circumstance where a court of law has issued an order for injunctive relief for the state against the federal government, including orders where federal aid is required to be released to the state, and the presidential administration fails to comply with such order.
III. Within 60 days of the executive order or violation of a court order, the state treasurer shall submit a report to the governor and the general court. The report shall:
(a) Describe in detail the amount of federal aid withheld or expected to be withheld; and
(b) Identify all payments New Hampshire is required to make to the federal government for any reason during the 12 months following submission of the report.
IV. Of the payments identified in the report, the state treasurer shall withhold payments to the federal government in an amount not to exceed the approximate amount of federal aid the state is being or is expected to be deprived of. The state treasurer shall maintain these withheld payments in an escrow or other dedicated account until the state has received all federal aid previously withheld under the executive order or in violation of the court order, at which time such withheld payments shall be released by the state treasurer.
V. The state treasurer shall authorize payment of the withheld funds upon confirmation that all withheld federal aid has been restored to New Hampshire.
4 Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
5 Effective Date. This act shall take effect 60 days after its passage.