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 H1399

Emergency Powers During a Declared Public Health Emergency

NH SF686

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

NH HB1399

Emergency Powers During a Declared Public Health Emergency:

NH SB846

Relating To Emergency Powers.

NH SB846

Relating To Emergency Powers.

NH SB5434

AN ACT Relating to establishing balanced legislative oversight of gubernatorial powers during a declared emergency;

NH HB1128

restricting the use of weather modification technologies to declared emergencies.

NH AB1835

State of emergency: Governor’s powers and termination.

NH SJR40

Proposing a constitutional amendment regarding the powers of the governor, the legislature, and the supreme court following certain disaster or emergency declarations.

NH SB488

enabling the governor to declare a state of emergency due to the failure of the legislature to pass a budget or continuing resolution to fund the New Hampshire state government by July 1 of the first year of a biennium.

Similar Bills

NH CACR1

Relating to the governor. Providing that there be a lieutenant governor who shall assume the duties of the governor if the governor is incapacitated.

SC H5018

Agency Head Salary Commission, Governor and Lt. Governor

CA AB1835

State of emergency: Governor’s powers and termination.

CT HB05219

An Act Concerning The Order Of Gubernatorial Succession Under Certain Permanent And Temporary Circumstances.

CT HB07223

An Act Concerning The Order Of Gubernatorial Succession Under Certain Permanent And Temporary Circumstances.

NY S07816

Relates to the line of succession for the governor and lieutenant-governor in cases where they are impeached or unable to perform the duties of the office.

NY A09018

Relates to the line of succession for the governor and lieutenant-governor in cases where they are impeached or unable to perform the duties of the office.

NJ S2280

Designates portion of Interstate Route 280 in West Orange as "Governor Brendan Byrne Memorial Highway."