HB 440 - AS AMENDED BY THE SENATE

 

9Apr2021... 0486h

01/05/2022   2311s

2021 SESSION

21-0658

05/04

 

HOUSE BILL 440

 

AN ACT prohibiting the suspension of civil liberties during a state of emergency.

 

SPONSORS: Rep. Kofalt, Hills. 4; Rep. Ammon, Hills. 40; Rep. Nunez, Hills. 37; Sen. Avard, Dist 12; Rep. Homola, Hills. 27

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill prohibits the suspension of civil liberties during 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Apr2021... 0486h

01/05/2022   2311s 21-0658

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT prohibiting the suspension of civil liberties during a state of emergency.

 

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

 

1 Definitions. In this act:

I.  “Civil liberties” encompass any guarantee or protection against state action by a governmental entity or agent enumerated in the New Hampshire Constitution or the United States Constitution.

II.  “Suspension” refers to a time period or condition in which courts of law do not or are not required to subject government action to standard tiers of judicial review.  

2 Civil Liberties Protected. No power delegated or otherwise granted by any statute or act of this general court to the governor or any of the governor's subordinates, whether before or after the date of this act, shall be construed to suspend or permit the suspension of civil liberties by the governor or other executive branch official.

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

IV.  Notwithstanding the foregoing enumerated powers, civil liberties shall on no account be suspended, nor shall the United States Constitution or the New Hampshire Constitution be suspended.

4  Emergency Management Powers.  Amend RSA 4:47, III to read as follows:

III. The power to make, amend, suspend and rescind necessary orders, rules and regulations to carry out the provisions of this subdivision in the event of a disaster beyond local control; provided that civil liberties shall on no account be suspended, nor shall the United States Constitution or the New Hampshire Constitution be suspended.

5  Effective Date.  This act shall take effect upon its passage.