Bill Text: NH HB440 | 2022 | Regular Session | Amended
Bill Title: Prohibiting the suspension of civil liberties during a state of emergency.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2022-04-04 - Signed by Governor Sununu 04/04/2022; Chapter 11; 04/04/2022 House Journal 9 [HB440 Detail]
Download: New_Hampshire-2022-HB440-Amended.html
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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:
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.
