HB 452 - AS INTRODUCED
2015 SESSION
05/06
HOUSE BILL 452
AN ACT repealing the governor’s authority to declare a state of emergency.
SPONSORS: Rep. Itse, Rock 10; Rep. Hoell, Merr 23; Rep. Ingbretson, Graf 15; Rep. Hannon, Straf 25; Rep. D. McGuire, Merr 21; Rep. Seaworth, Merr 20; Rep. Seidel, Hills 28
COMMITTEE: Legislative Administration
This bill removes the governor’s authority to declare a state of emergency and provides that only the legislature shall have the authority to declare a state of emergency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0271
05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT repealing the governor’s authority to declare a state of emergency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Legislative Officers and Proceedings. Amend RSA 14 by inserting after section 50 the following new subdivision:
State of Emergency Declaration
14:51 State of Emergency Declaration; Powers.
I. The general court shall have the power to declare a state of emergency, as defined in RSA 21-P:35, VIII, by concurrent resolution of the house of representatives and senate if the general court 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. A 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 days.
II.(a) A state of emergency shall terminate automatically 21 days after its declaration unless it is renewed under the same procedures set forth in paragraph I of this section. The general court may, by concurrent resolution, renew a declaration of a state of emergency as many times as the general court finds is necessary to protect the safety and welfare of the inhabitants of this state.
(b) If the general court finds that maintaining the state of emergency is no longer justified, the general court may terminate the state of emergency by concurrent resolution adopted by a majority vote of each chamber.
III. During the existence of a state of emergency, and only for so long as such state of emergency shall exist, the general court shall have and may exercise the following additional emergency powers:
(a) To enforce all laws, rules, and regulations relating to emergency management and to assume control of any or all emergency management forces and helpers in the state.
(b) To sell, lend, lease, give, transfer, receive, or deliver materials or perform services for emergency management purposes on such terms and conditions as the general court shall prescribe and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.
(c) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.
(d) Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under RSA 21-P:34 through 21-P:48. Such removal shall be upon charges after service upon such person of a copy of such charges and after giving him or her an opportunity to be heard in his or her defense. Pending the preparation and disposition of charges, the general court may suspend such person for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section shall be filled by the general court until it is filled as otherwise provided by law.
(e) To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.
(f) To declare an emergency temporary location or locations for the seat of state government at such place or places within this state as the general court may deem advisable under the circumstances and to take such action and issue such orders as may be necessary for an orderly transaction of the affairs of state government to such emergency temporary location or locations. Such emergency temporary location or locations shall remain the seat of government until the legislature shall by law establish a new location or locations or until the state of emergency is declared to be ended by the general court and the seat of government is returned to its normal location.
2 Homeland Security and Emergency Management. Amend RSA 21-P:45 to read as follows:
21-P:45 Enforcement. It shall be the duty of every organization for emergency management established under this subdivision and of the officers of such organization to execute and enforce such orders, rules, and regulations as may be made by the [governor under authority of this subdivision or RSA 4:45] general court under RSA 14:51.
3 Public Health Emergency. Amend RSA 21-P:53, II to read as follows:
II. The commissioner may, without the approval of the governor’s council or the legislative fiscal committee, and notwithstanding the provisions of RSA [4:45] 14:51, 9:13-d, and 9:19, and any other law to the contrary, purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents that the commissioner deems to be in the interest of public health.
4 Authority of Officers During State of Emergency. Amend the introductory paragraph of RSA 106-I:2, I to read as follows:
I. For the duration of any state of emergency declared by the [governor] general court because of a natural disaster, riot, or act of terrorism, notwithstanding any law to the contrary:
5 Nuclear Planning and Response Program. Amend RSA 107-B:6 to read as follows:
107-B:6 Authority in Radiological Emergency. In the event of a radiological emergency at a nuclear electric generating facility where the operator is unable to control the situation as necessary to protect public health and safety, the [governor] general court shall regulate the facility under RSA [4:45-4:47] 14:51.
6 Communicable Diseases. Amend RSA 141-C:28 to read as follows:
141-C:28 No Conflict With Emergency Management Powers. Nothing in this chapter shall be construed to limit or restrict the exercise of the [governor’s] general court’s emergency management powers under RSA [4:45--RSA 4:47] 14:51.
7 Oil Discharge or Spillage in Surface Water or Groundwater. Amend RSA 146-A:12 to read as follows:
146-A:12 Emergency Proclamation; Governor’s Powers. Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, petroleum products or their by-products, the [governor] general court shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. [If the governor is temporarily absent from the state or is otherwise unavailable, the next person in the state who would act as governor if the office of governor were vacant shall, by proclamation, declare the fact and that an emergency exists in any or all sections of the state.] A copy of such proclamation shall be filed with the secretary of state. After declaration of a state of emergency by the general court, the governor shall have general direction and control of the department of environmental services and shall be responsible for carrying out the purposes of this chapter.
I. In performing his or her duties under this chapter, the governor is authorized and directed to cooperate with all departments and agencies of the federal government, with the offices and agencies of other states and foreign countries, and the political subdivisions thereof, and with private agencies in all matters pertaining to a disaster or catastrophe.
II. In performing his or her duties under this chapter, the governor is further authorized and empowered:
(a) To make, amend and rescind the necessary orders, rules and regulations to carry out this chapter within the limits of the authority conferred upon him and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.
(b) To delegate any authority vested in [him] the governor under this chapter and to provide for the subdelegation of any such authority.
III. Whenever the governor is satisfied that an emergency no longer exists, [he shall] the governor shall request that the general court terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. Said proclamation shall be published in such newspapers of the state and posted in such places as the [governor, or the person acting in that capacity,] general court deems appropriate.
IV. The provisions of RSA [4:45] 14:51, RSA 4:46, and RSA 21-P:34 through RSA 21-P:48 as they shall apply to the taking of private property, compensation and use, mutual aid, immunity, aid in emergency, enforcement and compensation shall apply to disasters or catastrophes proclaimed by the [governor] general court under this chapter.
8 Leave Authorized in State of Emergency. Amend RSA 275:66, I to read as follows:
I. When [the governor or] the general court declares a state of emergency under RSA [4:45] 14:51, a member of a fire department, rescue squad, or emergency medical services agency who is called into service of the state or a political subdivision shall have the right to take leave without pay from his or her place of employment to respond to the emergency. No employer shall require an employee to use or exhaust his or her vacation or other accrued leave for the period of emergency service. The employee may choose to take vacation or other accrued leave for the period of emergency service.
9 Emergency Powers of the Judicial Branch. Amend RSA 490:60-a, I to read as follows:
I. The chief justice of the supreme court or, if the chief justice is unavailable, the most senior associate justice available, shall have the power, upon the request of the governor, attorney general, or the chief justice of the superior court or the administrative judge of the district or probate court or the judicial branch family division, or on his or her own motion, in the event of a declared state of emergency, as defined in RSA [4:45] 14:51, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief for a period of up to 21 calendar days from time deadlines imposed by otherwise applicable statutes and rules of procedure regarding speedy trial procedures in criminal and juvenile court proceedings, all civil and equitable court process and court proceedings, and all appellate court time limitations. Such order or orders may be renewed by a majority of the justices of the supreme court as justice may require; provided, however, that any such renewal with respect to applicable statutes shall be effective only upon the concurrence of the governor.
10 Petition to Protect Water Supplies. Amend RSA 485:23, II to read as follows:
II. Whenever any board of water commissioners, local board of health, or other owner of a public water supply has reason to believe that a public water supply is in danger of being contaminated or is otherwise threatened and that an emergency condition exists such that a petition pursuant to paragraph I to the department and the adoption of rules would not adequately protect the water supply, the board or owner may petition the [governor] general court to declare a state of emergency for the public water supply. At the request of the [governor] general court, the department shall consult with the owner of the water supply and make a recommendation as to emergency protections that may be necessary. If the [governor] general court declares a state of emergency for a public water supply, those additional protections that the [governor] general court deems necessary shall be effective immediately and for the duration of the emergency. The declaration of a state of emergency for a public water supply shall not exceed 6 months. The [governor] general court may renew the declaration one time for up to 6 additional months upon further request by the original petitioner. At such time as any of the emergency protections are to become permanent, the department shall initiate rulemaking in accordance with RSA 485:24. Any protections in the [governor’s] general court’s declaration shall be enforced in the same manner as rules adopted pursuant to RSA 485:24 or RSA 485:25 with violations of the protections subject to RSA 485:4 and RSA 485:58.
11 Agents Assisting Certain State Departments; Liability Limited. Amend RSA 508:17-a, II(c) to read as follows:
(c) “Public health or public safety incident” means a specific incident that the commissioner of the department of health and human services or the commissioner of the department of safety has declared in writing poses a threat to the health and safety of the public and demands a response that will require the assistance of agents from outside the state system, but which does not rise to the level that would necessitate the declaration of a state of emergency by the [governor under RSA 4:45] general court under RSA 14:51.
12 Sabotage Prevention. Amend RSA 649:12 to read as follows:
649:12 When in Force. This chapter, and all orders made under it shall be in force until May 15, 1945, and thereafter whenever the [governor and council] general court shall by proclamation declare a state of emergency to exist; provided, any violation hereof, committed while this chapter is in force, may be prosecuted and punished thereafter, whether or not this chapter is in force at the time of such prosecution and punishment.
13 Repeal. RSA 4:45, relative to a declaration of emergency by the governor, is repealed.
14 Effective Date. This act shall take effect January 1, 2016.