New Hampshire 2022 Regular Session

New Hampshire House Bill HB1321

Introduced
11/20/21  

Caption

Relative to the governor's power to declare a state of emergency.

Impact

The bill significantly alters the dynamics between the executive and legislative branches concerning emergency declarations. It grants the governor broader authority to act unilaterally in the event of a disaster, without the immediate need to consult with or inform the legislature. This change could enable faster decision-making in crises, but it also raises concerns about potential overreach and the concentration of power in the executive branch.

Summary

House Bill 1321 aims to amend the existing regulations surrounding the governor's power to declare a state of emergency. The bill removes certain restrictions that previously required the governor to notify legislative leaders prior to issuing emergency orders and allows for the automatic renewal of a state of emergency in 21-day increments unless terminated by the legislature. The intention behind this bill is to streamline the process for responding to emergencies, thereby enabling a quicker governmental response.

Sentiment

The sentiment around HB 1321 appears divided. Proponents argue that the amendments are necessary for efficient governance during emergencies and that they facilitate a rapid response to urgent situations. Critics, however, see the bill as a dangerous expansion of the governor's powers, fearing it undermines the checks and balances designed to prevent authoritarian governance. The discourse surrounding the bill reflects broader ideological divides regarding state authority and emergency management.

Contention

Notable points of contention include the lack of legislative oversight in the emergency declaration process. Critics highlight that the ease with which the governor can renew a state of emergency may lead to prolonged situations where executive power is unchecked. Opponents fear this could hinder the legislature's ability to serve as a counterbalance to the executive's actions, potentially affecting public trust in government decision-making during crises.

Companion Bills

No companion bills found.

Previously Filed As

NH HB275

Relative to the declaration of a state of emergency.

NH HB127

Relative to the declaration of a state of emergency.

NH H1399

Emergency Powers During a Declared Public Health Emergency

NH HB701

Provides relative to the declaration of a state of emergency

NH HB57

Provides relative to the emergency powers of the governor (Items #1, 2, 28, and 41)

NH HB2579

Public health and safety; declaration of states of emergency; emergency powers; Governor; Legislature; effective date.

NH HB103

Relating To Emergency Powers.

NH SF686

Governor's power to declare and emergency repealer and emergency management provisions modifications

NH HB1416

Relating To Emergency Powers.

NH HB1400

Relating To Emergency Powers.

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