21-P:20 Repealed by 1995, 308:127, VII, eff. July 1, 1995.
Repealed by 1995, 308:127, VII, eff. July 1, 1995.
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RSA 21-P Department of Safety
New Hampshire · 21-P · statute
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Contents: 104 provisions
- 21-P:1 Purpose.
- 21-P:2 Establishment; General Functions.
- 21-P:3 Commissioner; Directors; Compensation.
- 21-P:4 Duties of Commissioner.
- 21-P:5 Assistant Commissioner.
- 21-P:5-a Director of Homeland Security and Emergency Management.
- 21-P:5-b Chief of Policy and Planning.
- 21-P:6 Division of Administration.
- 21-P:6-a Deputy Director of Administration.
- 21-P:7 Division of State Police.
- 21-P:7-a Repealed by 2008, 358:16, II, eff. Sept. 9, 2008.
- 21-P:7-b State Office Complex Police Force.
- 21-P:7-c Authority of State Office Complex Police Force Officers; Memorandum of Understanding; Funding.
- 21-P:7-d Authority of Department of Safety Security Officers.
- 21-P:8 Division of Motor Vehicles.
- 21-P:9 Assistant to the Director; Financial Responsibility Supervisor.
- 21-P:10 Repealed by 2011, 224:274, I, eff. July 1, 2011.
- 21-P:10-a Repealed by 2011, 224:274, II, eff. July 1, 2011.
- 21-P:10-b Report and Budget.
- 21-P:11 Repealed by 2002, 220:14, I, eff. July 1, 2002.
- 21-P:11-a Deputy Director of Motor Vehicles.
- 21-P:12 Division of Fire Safety.
- 21-P:12-a Division of Fire Standards and Training and Emergency Medical Services; Disposition of Funds.
- 21-P:12-b Bureau of Emergency Medical Services.
- 21-P:12-c Liability Limited; State Certified Fire Instructors.
- 21-P:12-d Fire Standards and Training and Emergency Medical Services Fund.
- 21-P:12-e Fire Standards and Training, Emergency Medical Services, and Fire Safety Report and Budget.
- 21-P:12-f Repealed by 2008, 335:7, II, eff. Sept. 5, 2008.
- 21-P:12-g Mental Health Training for First Responders.
- 21-P:13 Bureau of Hearings.
- 21-P:14 Rulemaking Authority; Commissioner of Safety.
- 21-P:15 Departmental Organization; Transfers of Personnel and Appropriations.
- 21-P:15-a Hazardous Materials Incident Response Coordinator.
- 21-P:15-b Repealed by 2018, 40:1, eff. July 14, 2018.
- 21-P:15-c Employee Candidate Background Checks.
- 21-P:15-d Radio System Repository.
- 21-P:16 Definitions.
- 21-P:17 Duty of Commissioner.
- 21-P:18 Drivers of Retail Fuel Oil Delivery Trucks.
- 21-P:19 Enforcement.
- 21-P:20 Repealed by 1995, 308:127, VII, eff. July 1, 1995.
- 21-P:21 Civil Penalties.
- 21-P:22 Criminal Penalties.
- 21-P:23 Highway Fund Surplus.
- 21-P:24 Effect on Other Laws.
- 21-P:24-a Repealed by 2010, 368:1(8), eff. Dec. 31, 2010.
- 21-P:25 Program Authorized; Definitions.
- 21-P:26 Commission.
- 21-P:27 Rulemaking Authority.
- 21-P:28 Powers and Duties.
- 21-P:29 Educational and Training Requirements; Certification.
- 21-P:30 Repealed by 2005, 149:6, eff. Aug. 20, 2005.
- 21-P:31 Repealed,by 1997, 135:11, III, eff. Aug. 8, 1997.
- 21-P:32 Facilities.
- 21-P:33 Delegation.
- 21-P:34 Purpose.
- 21-P:35 Definitions.
- 21-P:36 Division of Homeland Security and Emergency Management.
- 21-P:36-a Repealed by 2012, 226:4, III, eff. June 16, 2012.
- 21-P:37 Emergency Management Powers Conferred.
- 21-P:37-a State Policy for Service Animals.
- 21-P:37-b Agreement Resulting From Disaster Declaration.
- 21-P:37-c Exceptional Disaster Relief Loans.
- 21-P:37-d Disaster Relief Assistance for Municipalities.
- 21-P:37-e Disaster Relief Procedures.
- 21-P:38 Emergency Management Powers and Duties Regarding Communications Systems.
- 21-P:39 Local Organization for Emergency Management.
- 21-P:40 Mutual Aid Arrangements.
- 21-P:41 Immunity and Exemption.
- 21-P:42 Private Liability.
- 21-P:42-a Novel Coronavirus Disease (COVID-19); Health Facilities.
- 21-P:43 Appropriations and Authority to Accept Services, Gifts, Grants, and Loans.
- 21-P:43-a Governor Duty.
- 21-P:44 Utilization of Existing Services and Facilities.
- 21-P:45 Enforcement.
- 21-P:46 New Hampshire Emergency Response and Recovery Fund.
- 21-P:46-a New Hampshire Disaster Relief Fund.
- 21-P:47 Penalty.
- 21-P:48 Advisory Council on Emergency Preparedness and Security.
- 21-P:48-a Division of Emergency Services and Communications.
- 21-P:49 Repealed by 2002, 258:24, I, eff. July 1, 2004.
- 21-P:50 Repealed by 2002, 258:24, II, eff. July 1, 2004.
- 21-P:51 Repealed by 2018, 294:7, eff. June 25, 2018.
- 21-P:52 Incident Command System Adopted.
- 21-P:52-a Statewide Threat Notification System for Schools.
- 21-P:53 Public Health Powers and Duties.
- 21-P:54 Safe Disposal of Corpses.
- 21-P:55 Policy.
- 21-P:56 Provisions Accepted.
- 21-P:57 Faith and Credit Pledged.
- 21-P:58 Expenditures.
- 21-P:59 Governor's Authority.
- 21-P:60 Local Highway Safety Programs.
- 21-P:61 Highway Safety Unit; Governor's Representative.
- 21-P:62 Staff.
- 21-P:63 Gifts and Grants.
- 21-P:64 Traffic Safety Commission Established.
- 21-P:65 Repealed by 2018, 72:3, eff. July 24, 2018.
- 21-P:66 Substance Abuse Enforcement Program.
- 21-P:67 Rulemaking.
- 21-P:68 Cross Border Drug Interdiction Program.
- 21-P:69 Northern Border Alliance Program.
- 21-P:70 Northern Border Alliance Fund.
- 21-P:71 Evidence Shipping Pilot Program.
Proposed changes to this act
No one has proposed a change to this act yet.
104 provisions
21-P:21 Civil Penalties.
Any person who violates any of the provisions of this subdivision, any rule adopted under this subdivision or any term or condition of a license or permit issued under this subdivision shall be subject to a civil penalty not to exceed $5,000 for a natural person or $25,000 for any other person. The sums obtained from the levying of civil penalties or fees under this subdivision shall be credited to the department of safety to be used for state, local or regional emergency response programs identified by the commissioner and deemed appropriate by the commissioner to receive such funding. These sums shall be distributed at least annually. Source. 1987, 124:1; 348:1. 1990, 253:14, eff. April 1, 1990. 2018, 204:9, eff. July 1, 2018.
Propose a change21-P:22 Criminal Penalties.
I. Notwithstanding the civil penalties provided in RSA 21-P:21, any shipper, broker, or transporter of any hazardous materials or wastes who violates the provisions of this subdivision or rules adopted under this subdivision shall be guilty of a violation for the first offense and, notwithstanding the provisions of RSA title LXII, may be fined not more than $500 if a natural person or more than $1,000 if any other person. Any person convicted of an offense under this subdivision who was convicted of an offense relating to the transportation of hazardous materials or wastes within the 5 years preceding the commission of the offense under this subdivision shall be guilty of a misdemeanor. Any person convicted of an offense under this subdivision who was convicted of 2 or more offenses relating to the transportation of hazardous materials or wastes within 5 years preceding the commission of the offense under this subdivision shall be guilty of a class B felony if a natural person or of a felony if any other person. II. Notwithstanding the civil penalties provided in RSA 21-P:21, the shipper, broker, or transporter of any hazardous material or waste who transports or causes to be transported a hazardous material or waste on a forged manifest, transporter's license, or license decal shall be guilty of a class B felony if a natural person or of a felony if any other person. Source. 1987, 124:1, eff. July 1, 1987.
Propose a change21-P:23 Highway Fund Surplus.
Notwithstanding any other provision of law, in case the expenditure of additional funds over budget estimates is necessary for the proper functioning of the department of safety, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the commissioner, may authorize the transfer of funds from the highway surplus account to the department of safety for such purpose. Source. 1987, 124:1, eff. July 1, 1987.
Propose a change21-P:24 Effect on Other Laws.
Nothing contained in this chapter shall be construed to modify, limit, or be inconsistent with the duties and authority conferred upon the department of environmental services under RSA 147-A, 147-B, 147-C, and 147-D. Source. 1987, 124:1. 1996, 228:108, eff. July 1, 1996.
Propose a change21-P:24-a Repealed by 2010, 368:1(8), eff. Dec. 31, 2010.
Repealed by 2010, 368:1(8), eff. Dec. 31, 2010.
Propose a change21-P:25 Program Authorized; Definitions.
I. The New Hampshire fire standards and training commission is hereby established and directed to establish minimum educational and training standards for employment as full-time fire service personnel, establish minimum selection standards for full-time fire service personnel, establish and publish educational and training standards for fire service personnel, and certify fire service personnel as meeting the educational and training standard. This commission shall also act in an advisory capacity to the director of the division of fire standards and training and emergency medical services with reference to the instruction methods of determining and dealing with the causes of fire, the prevention of fire, techniques of firefighting and rescue, research techniques in firefighting and fire protection, and the administration and management of fire departments. The commission shall meet at least 4 times annually. II. As used in this subdivision: (a) "Commission" means the fire standards and training commission; and (b) "Director" means the director of the division of fire standards and training and emergency medical services. (c) "Fire service personnel" means firefighters, fire officers, rescue personnel connected with fire departments, fire prevention officers, inspectors, investigators, fire instructors, public education specialists, fire alarm personnel, or any other personnel who are members of fire departments or fire-related state agencies, whether full or part-time. Source. 1989, 388:3. 1997, 135:2, 3. 2004, 171:28. 2005, 149:1, eff. Aug. 20, 2005.
Propose a change21-P:26 Commission.
I. There shall be a fire standards and training commission consisting of 16 members, including the commissioner of safety or designee, the commissioner of education or designee, the attorney general or designee, the chief of the forest protection, the director of the division of fire standards and training and emergency medical services, and the state fire marshal, who shall each serve during his or her continuance in such office, and members of each of the following associations or groups chosen by the governor, with the approval of the council, from a list of 3 qualified members submitted by each association or group: (a) Two representatives of the New Hampshire Association of Fire Chiefs, at least one of whom shall be a chief of a full-time fire department, and one a chief of a volunteer department. (b) One representative of the Professional Firefighters of New Hampshire-International Association of Firefighters. (c) One representative of the Fire Instructors and Officers Association of New Hampshire. (d) One representative of the Federation of Fire Mutual Aid Associations. (e) One representative of the New Hampshire State Firemen's Association. (f) One representative of the insurance industry of New Hampshire, which members shall be recommended by the New Hampshire Association of Domestic Insurance Companies. (g) One representative of the New Hampshire Municipal Association. (h) One representative of the New Hampshire State Permanent Firemen's Association. (i) One representative of the Fire Prevention Society. I-a. The director of the division of fire standards and training and emergency medical services shall be a nonvoting member of the commission. II. Each member shall serve a term of 3 years, provided that no such member shall serve beyond the time he ceases to hold the membership which qualified him for appointment to the commission. III. Members shall serve without compensation except that they shall be reimbursed for their regular and necessary expenses in the performance of their duties as members of the commission. IV. Members shall annually elect from among themselves a person to serve as commission chairman and another to serve as commission vice-chairman. The director of the division of fire standards and training and emergency medical services shall serve as the commission's executive officer. The commission shall hold no fewer than 4 regular meetings a year at such times and places as the chairman shall fix, either on his own motion or upon written request of any 4 members. Source. 1989, 388:3. 1994, 389:11-13. 1998, 321:4. 2002, 257:2. 2003, 319:104. 2004, 171:28. 2005, 149:2, eff. Aug. 20, 2005.
Propose a change21-P:27 Rulemaking Authority.
I. The commission and the commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to: (a) The conduct of the meetings of the commission. (b) The establishment of minimum selection, educational, and training standards for fire service personnel and evidentiary standards pertaining to such matters, other than fire officials employed by the forest fire control division of the department of resources and economic development. (c) What constitutes a full-time career firefighter for purposes of RSA 21-P:29, I. (d) Procedures for the conduct of investigations regarding the certification of firefighters. (e) The issuance of certificates evidencing the satisfaction of educational and training requirements, including transfer credits and reciprocity, the revocation or suspension of a certificate, the procedures for incidents involving cheating or fraud in obtaining a certificate and the release of criminal or motor vehicle records by a student for purposes of determining qualifications to be appointed as a firefighter. (f) [Repealed.] (g) A procedure for the commission to waive any of the standards established under subparagraph (b) for fire service personnel whom the commission finds do not have emergency response and mitigation as their predominant responsibilities. II. The commission shall: (a) Establish and publish general minimum educational and training standards for fire service personnel and evidentiary standards pertaining to such matters, other than fire officials employed by the forest fire control division of the department of resources and economic development. (b) Establish and publish general minimal curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or any political subdivisions thereof for the specific purpose of training fire service personnel. Source. 1989, 388:3. 1994, 389:2. 1997, 135:4-6, 11, I. 2005, 149:3, eff. Aug. 20, 2005. 2012, 171:5, eff. Aug. 10, 2012.
Propose a change21-P:28 Powers and Duties.
I. The commission, within budgetary limitations, shall: (a) Certify fire service personnel as meeting minimum educational and training standards. (b) Act upon request as the advisory committee to the state board of education concerning any fire educational programs. (c) Require submission of reports and information from fire departments within the state that may be pertinent to the functioning of the commission. (d) In coordination with the division of fire standards and training and emergency medical services, make such investigations as may be necessary to determine whether governmental units are complying with the provisions of this subdivision. II. The commission may: (a) Make or cause to be made studies of any aspect of fire service, education, operations, training, research or recruitment; (b) Recommend to the director of the division of fire standards and training and emergency medical services that he enter into contracts or do such things as may be necessary and incidental to the administration of the commission's authority pursuant to this subdivision; (c) Undertake any project and engage in any activity which will serve to improve public fire safety or public safety; and (d) [Repealed.] Source. 1989, 388:3. 1994, 389:3, 14, 15, 18. 1997, 135:7, 11, II. 2004, 171:28, eff. July 24, 2004.
Propose a change21-P:29 Educational and Training Requirements; Certification.
I. No person shall be appointed as a full-time career firefighter, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of fire training consisting of an accredited certification program meeting the objectives of a nationally accepted standard regarding firefighter professional qualifications. No person shall be excluded from such employment on the basis of any rule adopted under RSA 21-P:27, II, until such rule has been in effect for at least one year. II. The commission shall issue a certificate evidencing satisfaction of the educational and training requirements established under RSA 21-P:27, II, to any person presenting the commission with satisfactory evidence of the completion of such requirements, whether in this jurisdiction or any other. III. Prior to any final vote regarding minimum standards, selection procedures, or certification, the commission shall: (a) Provide notice of the proposed action to members of the fire service. (b) Allow a 60-day period for the receipt of written comments on the proposal. (c) Hold public hearings, one in the daytime hours and another during the evening hours, in such a way as to maximize input from members of the fire service. Source. 1989, 388:3. 1997, 135:8. 2010, 3:1, eff. May 24, 2010.
Propose a change21-P:30 Repealed by 2005, 149:6, eff. Aug. 20, 2005.
Repealed by 2005, 149:6, eff. Aug. 20, 2005.
Propose a change21-P:31 Repealed,by 1997, 135:11, III, eff. Aug. 8, 1997.
Repealed,by 1997, 135:11, III, eff. Aug. 8, 1997.
Propose a change21-P:32 Facilities.
In order to promote the effectiveness and efficiency of the fire service training and research program, the commission is encouraged to use such personnel and equipment from other state agencies, federal agencies, district fire mutual aid associations, and public and private fire departments, as may be made available to them by the heads or appropriate authorities of such agencies, including but not limited to the use of radio and other communications facilities, including computer systems. Source. 1989, 388:3, eff. July 1, 1989.
Propose a change21-P:33 Delegation.
The commission may delegate to the division of fire standards and training and emergency medical services any powers and duties enumerated in this subdivision. Source. 1994, 389:4. 2004, 171:28, eff. July 24, 2004.
Propose a change21-P:34 Purpose.
Because of the possibility of the occurrence of natural and human-caused disasters resulting from fire, flood, hurricane, earthquake, prolonged power outages, disruption or contamination of the food or water supply, degradation of critical facilities and vital systems, disruption of communication systems, or other natural, technological or human causes, including acts of terrorism, and in order that the state of New Hampshire will be adequately prepared to cope with such disasters; and, generally, in order to preserve the lives and the property of the people of the state, a state division of emergency services, communications, and management is hereby created under the direction of the director of the division of homeland security and emergency management. The emergency management powers provided in this subdivision are conferred upon the governor and upon other executive heads of governing bodies of the state; the creation of local organizations for emergency management in the political subdivisions of the state is authorized; and provision is made for the rendering of mutual aid among the political subdivisions of the state and between this and other states and to cooperate with the federal government with respect to the carrying out of emergency management functions. It is further declared to be the purpose of this subdivision and the policy of the state that all emergency management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster or incident of terrorism that may occur. Source. 2002, 257:7. 2003, 319:106. 2004, 171:2. 2008, 361:2, eff. July 11, 2008.
Propose a change21-P:35 Definitions.
In this subdivision: I. "Commissioner" means the commissioner of safety. II. [Repealed.] III. "Council" means the advisory council on emergency preparedness and security. IV. "Director" means the director of the division of homeland security and emergency management. V. "Emergency management" means the preparation for and the carrying out of all emergency functions, including but not limited to emergency response, training functions, or the utilization of first responders, in order to prepare for, prevent, minimize, and repair injury or damage resulting from the occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or human cause, including but not limited to fire, flood, earthquake, windstorm, wave actions, technological incidents, oil or chemical spill, or water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, terrorist act, or riot. VI. "Local organization for emergency management" means an organization created in accordance with the provisions of this subdivision by state, county, or local authority to perform local emergency management functions, which may direct the utilization of first responders, including the provision of emergency medical services by ambulance service providers. VII. "Political subdivision" means counties, cities, towns, and duly established village precincts. VIII. "State of emergency" means that condition, situation, or set of circumstances deemed to be so extremely hazardous or dangerous to life or property that it is necessary and essential to invoke, require, or utilize extraordinary measures, actions, and procedures to lessen or mitigate possible harm. IX. "First responders" means state, county, and local governmental and nongovernmental emergency public safety fire, law enforcement, public safety telecommunications or dispatcher, emergency response, emergency medical services providers including ambulance service providers, hospital emergency facilities, emergency management, public health, clinical care, public works, and other skilled and essential support personnel and volunteers, such as equipment operators, and individuals serving on state and community emergency response teams, medical reserve corps, disaster animal and health professional response teams that provide immediate support services necessary to perform emergency management functions. First responders are essential services providers. Source. 2002, 257:7. 2003, 319:131, II. 2004, 171:3. 2008, 361:3, eff. July 11, 2008. 2022, 166:1, eff. Aug. 6, 2022. 2024, 238:1, eff. Sept. 17, 2024. 2025, 89:1, 2, eff. Aug. 9, 2025.
Propose a change21-P:36 Division of Homeland Security and Emergency Management.
I. There is hereby created a division of homeland security and emergency management within the department of safety under the supervision of the director of homeland security and emergency management nominated and appointed as provided in RSA 21-P:5-a. II. The division shall consist of 2 bureaus, a bureau of homeland security and a bureau of emergency management. With the approval of the commissioner, the director may employ such necessary technical, clerical, stenographic, and other personnel, and may make such expenditures from state or federal funds as are or may be made available for purposes of homeland security and emergency management. The director and other personnel of the division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing, and funds for traveling and related expenses, in the same manner provided for personnel of other state agencies. The division and its personnel shall have such additional duties, responsibilities, and authority authorized by applicable laws as may be prescribed by the commissioner. III. The commissioner of safety shall nominate an assistant director of homeland security and emergency management, for appointment by the governor with consent of the council, to serve at the pleasure of the commissioner. The assistant director shall receive the salary provided in RSA 94:1-a for the position. IV. During service as assistant director, the assistant director of the division of homeland security and emergency management shall be eligible to be a group II member if he or she was a group II member or receiving a group II retirement allowance prior to appointment. Source. 2002, 257:7. 2003, 319:107. 2004, 171:4. 2008, 361:4, eff. July 11, 2008. 2013, 196:4, eff. July 9, 2013.
Propose a change21-P:36-a Repealed by 2012, 226:4, III, eff. June 16, 2012.
Repealed by 2012, 226:4, III, eff. June 16, 2012.
Propose a change21-P:37 Emergency Management Powers Conferred.
The director shall have general direction and control of the division of homeland security and emergency management, and shall be responsible for the carrying out of the provisions of this subdivision. In the event of disaster beyond local control, the governor may assume direct operational control over all or any part of the emergency management functions within the state. In performing the director's duties under this subdivision and to effect its policy and purposes, the director is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of this state and of the nation, and is further authorized and empowered: I. To prepare a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated into and coordinated with the emergency management plans of the federal government and of other states to the greatest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state and private agencies, such plans to be integrated into and coordinated with the emergency management plan and program of this state to the greatest possible extent. II. In accordance with such plan and program for the emergency management of this state, to procure supplies and equipment, to institute training programs and public information programs, and to take other necessary preparatory steps to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need. III. To make such studies and surveys of industries, transportation, communication, housing and medical facilities, and resources, including but not limited to food, petroleum, and housing, and other facilities in the state as may be necessary to ascertain the capabilities of the state for emergency management, and to plan for their most efficient emergency use. IV. On behalf of the state and subject to the approval of the governor, to coordinate mutual aid plans between or among political subdivisions of the state. V. [Repealed.] VI. To prepare a comprehensive plan and program for the evacuation of search and rescue dogs and service animals, as defined in RSA 167-D. Source. 2002, 257:7. 2003, 319:108, 131, III. 2004, 171:5. 2006, 230:1. 2008, 361:15. 2011, 170:3, eff. Jan. 1, 2012.
Propose a change21-P:37-a State Policy for Service Animals.
In cases of emergency, it shall be the policy of the state that service animals shall not be separated from the persons they serve. Every effort shall be made to keep service animals and the persons they serve together, and all appropriate state emergency planning and state sponsored emergency training shall be based on such assumptions. Source. 2006, 230:2, eff. July 31, 2006.
Propose a change21-P:37-b Agreement Resulting From Disaster Declaration.
If, as the result of a disaster declaration, the state of New Hampshire enters into an agreement with the federal government or another entity for assistance, either direct or indirect, financial or otherwise, such agreement shall be transmitted to the president of the senate and the speaker of the house of representatives within 30 days after approval by the governor and council. Any obligation of the general fund as the result of such an agreement shall be transmitted to the president of the senate and the speaker of the house of representatives for prompt payment. Administrative costs of the state of New Hampshire incident to such obligation shall be included in the submission to the general court. Source. 2008, 361:5, eff. July 11, 2008.
Propose a change21-P:37-c Exceptional Disaster Relief Loans.
I. In this section, an "exceptional disaster relief loan" means a temporary loan from the state treasury to assist communities experiencing exceptional costs due to natural disasters. II. (a) When the President of the United States declares an area a federal disaster area, or the governor declares a state of emergency as defined in RSA 21-P:35, VIII, and a municipality has applied for federal emergency assistance from the Federal Emergency Management Administration (FEMA), the governor, with the approval of the executive council may approve a non-interest loan in the amount up to the anticipated assistance from FEMA, as agreed upon by the division of homeland security and emergency management and the municipality, from funds not otherwise appropriated. (b) In order to be eligible for an exceptional disaster relief loan, the per incident cost of a municipality's critical disaster relief project or projects shall equal or exceed 25 percent of the amount raised by local property taxes in the municipality's current annual budget. (c) The municipality shall not knowingly request an exceptional disaster relief loan for costs that are not eligible for reimbursement under the FEMA public assistance program. (d) Recipients of an exceptional disaster relief loan shall be responsible to repay the entire loan amount to the state. If the amount of FEMA assistance that a municipality receives is less than the exceptional disaster relief loan, the state treasurer, with the advice and consent of the governor and council, shall negotiate repayment terms of the difference. (e) The municipality shall consider applying for available hazard mitigation grant funding administered by the division of homeland security and emergency management that would reduce the impact of future disasters on facilities that were repaired with exceptional disaster relief loan funds. Municipalities must demonstrate progress on the implementation of their hazard mitigation plan in order to be eligible for future assistance loans under this section for disasters affecting facilities where an exceptional disaster relief loan was previously granted. III. A municipality shall not receive more than one exceptional disaster relief loan per declared federal disaster. IV. A municipality shall not be obligated for more than 2 exceptional disaster relief loans. V. A municipality receiving an exceptional disaster relief loan shall remit the anticipated assistance from FEMA to the state treasurer within 15 days of receipt. VI. If the state treasury provides advance funding to a municipality that has applied for and is waiting for FEMA disaster relief funding, the interest rate to be assessed on such advance funding shall be no greater than the prevailing rate at which the state treasury is able to invest its commingled cash. VII. If the amount of FEMA assistance a municipality receives is less than the exceptional disaster relief loan, the state treasurer, with the advice and consent of governor and council, shall negotiate terms of repayment of the difference. If the municipality and the state treasurer are unable to reach an agreement, the department of revenue administration shall include the amount in the amount apportioned for setting property tax rates. VIII. The director of homeland security and emergency management shall administer the exceptional disaster relief loan program. Source. 2018, 53:1, eff. July 14, 2018. 2022, 236:1, eff. June 17, 2022.
Propose a change21-P:37-d Disaster Relief Assistance for Municipalities.
I. When the President of the United States declares an area a federal disaster area and a municipality has applied for federal emergency assistance from the Federal Emergency Management Administration (FEMA), the municipality may apply to the division of homeland security and emergency management for state aid in an amount not to exceed 50 percent of the non-federal share of projects eligible for costs relating to public assistance disaster grants and hazard mitigation grants. For approved applications, the division, with the approval of the fiscal committee of the general court, the governor, and the executive council, shall disburse aid to the municipality. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. II. This section shall apply to federal disasters declared on or after July 1, 2021. III. The director of homeland security and emergency management shall administer aid under this section and may adopt administrative rules under RSA 541-A. Source. 2022, 339:1, eff. July 25, 2022.
Propose a change21-P:37-e Disaster Relief Procedures.
A municipality may request infrastructural disaster relief more than once in a calendar year, but shall not receive more than $100,000 in grant money from this program in a calendar year. Requests shall be filed with the joint legislative fiscal committee within 45 days after the governor's declaration. Moneys shall be distributed from the New Hampshire disaster relief fund established in RSA 21-P:46-a. The joint legislative fiscal committee may decide to appropriate a lesser amount to the request based on available funding. Source. 2024, 358:5, eff. Aug. 2, 2024. 2025, 43:1, eff. July 28, 2025.
Propose a change21-P:38 Emergency Management Powers and Duties Regarding Communications Systems.
The division of emergency services and communications shall ascertain what means exist for rapid and efficient communications during natural and man-made disasters. The division shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive state or state and federal telecommunications or other communications system which may be established for purposes of emergency management. In studying the character and feasibility of any such system or its several parts, the division of emergency services and communications shall evaluate the possibility of the multi-purpose use of such a system for general state and local government purposes. The division shall make recommendations regarding such communications systems to the assistant commissioner as appropriate. Source. 2002, 257:7. 2003, 319:109. 2004, 171:6. 2008, 361:14. 2011, 224:334, eff. July 1, 2011.
Propose a change21-P:39 Local Organization for Emergency Management.
I. Each political subdivision of the state shall establish a local organization for emergency management in accordance with the state emergency management plan and program. Each local organization for emergency management shall have a local director who shall be appointed and removed by the county commissioners of a county, the city council of a city, or board of selectmen of a town, and who shall have direct responsibility for the organization, administration and operation of such local organization for emergency management, subject to the direction and control of such appointing officials. Each local organization shall have jurisdiction only within its respective political subdivision, and the director appointed by that political subdivision shall be responsible to his or her appointing authority. The appointing authority may appoint one of its own members or any other citizen or official to act as local director and shall notify the state director in writing of such appointment. If a local director is removed, the state director shall be notified immediately. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized. II. Until a local director has been appointed, the chief elected official shall be directly responsible for the organization, administration, and operation of such local organization for emergency management. III. In carrying out the provisions of this subdivision, each political subdivision in which any disaster as described in RSA 21-P:35, V occurs may enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision may exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law, excepting mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation and expenditure of public funds. IV. In carrying out the provisions of this subdivision, each political subdivision in which any disaster as described in RSA 21-P:35, V occurs may meet at any place within or without the territorial limits of such political subdivision and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate or substitute sites or places as the emergency temporary location or locations of such government where all or any part of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision, but shall be within this state. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:40 Mutual Aid Arrangements.
The local director of each local organization for emergency management may, with the approval of the commissioner and in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency management plan and program, and in time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. Parties shall be entitled to the same immunities and exemptions as provided in RSA 21-P:41. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:41 Immunity and Exemption.
I. All functions under this subdivision and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the state nor any of its political subdivisions nor any agency of the state or political subdivision, nor any private corporations, organizations, or agencies, nor any emergency management worker complying with or reasonably attempting to comply with this subdivision, or any order or rule adopted or regulation promulgated pursuant to the provisions of this subdivision, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this subdivision, under the workers' compensation law, or under any retirement law, nor the right of any such person to receive any benefits or compensation under any act of Congress. II. Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized emergency management worker who shall, in the course of performing his or her duties as such, practice such professional, mechanical, or other skill during an emergency. III. As used in this section the term "emergency management worker" includes any full or part-time paid, volunteer, or auxiliary employee of this state, other states, territories, possessions, the District of Columbia, the federal government, any neighboring country, or of any political subdivision of such entities, or of any corporation, agency or organization, public or private, performing emergency management services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any of its political subdivisions. IV. Dentists licensed in this state, nurses registered in this state, student nurses undergoing training at a licensed hospital in this state, or emergency medical care providers licensed under RSA 153-A, during any emergency, shall be regarded as authorized emergency management workers and while so engaged may practice, in addition to the authority granted them by other statutes, administration of anesthetics; minor surgery; intravenous, subcutaneous, and intramuscular procedures; and oral and topical medication under the general but not necessarily direct supervision of a member of the medical staff of a legally incorporated and licensed hospital of this state, and to assist such staff members in other medical and surgical procedures. V. Any emergency management worker, performing emergency management services at any place in this state pursuant to agreements, compacts or arrangements for mutual aid and assistance, to which the state or one of its political subdivisions is a party, shall possess the same powers, duties, immunities, and privileges the worker would ordinarily possess if performing his or her duties in the state or political subdivision in which normally employed or rendering services. VI. Any emergency management worker shall: (a) If the worker is an employee of the state, have the powers, duties, rights, and privileges and receive the compensation incidental to his or her employment; (b) If the worker is an employee of a political subdivision of the state, whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to his or her employment; and (c) If the worker is not an employee of the state or one of its political subdivisions, be entitled to the same rights as to compensation for injuries as are provided by law for the employees of this state. The emergency management personnel shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving, and shall be reimbursed for all actual travel and subsistence expenses incurred under orders issued by the director. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:42 Private Liability.
Any person owning or controlling real estate or other premises or private property who grants a license or privilege or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises or private property for the purpose of compliance or attempting to comply with this subdivision during an actual or impending emergency or practice exercise, together with his or her successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises or private property or loss of, or damage to, the property of such person. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:42-a Novel Coronavirus Disease (COVID-19); Health Facilities.
Acute care hospitals, assisted living facilities, long-term care facilities, nursing facilities, residential care facilities, ambulatory care clinics (as defined in RSA 151, RSA 151-A, RSA 151-D, RSA 151-E and RSA 151-H), and any other similar facilities providing care to elderly or infirm patients ("health facilities"), and the employees, agents and volunteers of such health facilities, are deemed to have been engaged in preparing for and/or carrying out "emergency management" functions for the purposes of RSA 21-P:35 when complying, or reasonably attempting to comply, with any executive order, agency order or rule, including but not limited to waivers from the Centers for Medicare and Medicaid Services (CMS) both issued as blanket waivers by CMS and as requested by New Hampshire department of health and human services pertaining to the state of emergency declared under state and/or federal law in response to the Novel Coronavirus (COVID-19). All such orders and rules are deemed to constitute orders and/or rules adopted and/or regulations promulgated pursuant to RSA 21-P. Accordingly, no such organization or person shall be liable for the death of or injury to persons, or for damage to property, as a result of such compliance or reasonable attempts to comply with such an emergency order or rule under this section. This section shall not apply to actions of health care facilities, employees, agents, or volunteers of such facilities that are not related to compliance or reasonable attempts at compliance with an emergency order or rule. This section shall not apply to actions performed after such an emergency order or rule is no longer in effect. Source. 2021, 179:2, Pt. III, Sec. 1, eff. July 30, 2021.
Propose a change21-P:43 Appropriations and Authority to Accept Services, Gifts, Grants, and Loans.
Each political subdivision may make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local organization for emergency management. Whenever the federal government or any federal agency or officer offers to the state, or through the state to any of its political subdivisions, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management the state, acting through the governor, commissioner, or such political subdivision, acting with the consent of the governor and through its executive officer, city council, or board of selectmen, may accept such offer, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. Whenever any person, firm or corporation offers to the state or to any of its political subdivisions services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management the state, acting through the governor, or such political subdivision, acting through its executive officer, city council, or board of selectmen, may accept such offer, subject to its terms. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:43-a Governor Duty.
The governor shall provide a list of all expenditures pursuant to this subdivision under a state of emergency to the executive council within 30 days of the expenditure, in order to ensure transparency. Source. 2021, 91:461, eff. June 25, 2021. 2022, 56:1, eff. May 20, 2022.
Propose a change21-P:44 Utilization of Existing Services and Facilities.
In carrying out the provisions of this subdivision, the governor, executive heads of state agencies, and local executive officers of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and its political subdivisions to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the governor and to the emergency management organizations of the state upon request. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-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. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:46 New Hampshire Emergency Response and Recovery Fund.
There is hereby established a New Hampshire emergency response and recovery fund. The fund shall provide a source for the matching funds required as a commitment to secure federal emergency management agency relief assistance grants for costs incurred in disasters declared by the President of the United States. The fund shall also provide a source for emergency funds to be dispersed to municipalities that have incurred damage from natural disasters. The fund shall be nonlapsing and continually appropriated to the department of safety. Source. 2002, 257:7, eff. July 1, 2002. 2024, 358:6, eff. Aug. 2, 2024.
Propose a change21-P:46-a New Hampshire Disaster Relief Fund.
I. There shall be established a fund that is to be accounted for separately from all other funds and which shall be designated as the New Hampshire disaster relief fund, which shall be credited and continually appropriated to the director for disaster relief. The moneys in 2 existing funds, one in the legislative branch known as the disaster fund, and one in the office of the state treasurer, known as the New Hampshire disaster relief fund 2011, shall lapse into the New Hampshire disaster relief fund on the effective date of this section. II. Funds in the New Hampshire disaster relief fund shall be made available to individuals who suffer damage and loss as a result of a declared disaster. All disbursements from the fund shall be approved by the director of homeland security and emergency management, in consultation with the individual assistance committee appointed under paragraph III. III. The director shall appoint an individual assistance committee to review, evaluate, and make recommendations on requests for individual assistance. The committee shall be comprised of representatives from the nonprofit community, human service organizations, disaster response organizations, the Community Action Programs, and volunteer organizations, who shall serve at the pleasure of the director. The director shall designate a committee chair. IV. The director shall maintain complete records of all funds disbursed from the New Hampshire disaster relief fund and shall report all such disbursements to the individual assistance committee every 6 months following the effective date of this section. Source. 2013, 273:3, eff. July 24, 2013.
Propose a change21-P:47 Penalty.
If any person violates or attempts to violate any order, rule, or regulation made pursuant to this subdivision, such person shall be guilty of a misdemeanor. Source. 2002, 257:7, eff. July 1, 2002.
Propose a change21-P:48 Advisory Council on Emergency Preparedness and Security.
I. There is hereby created an advisory council on emergency preparedness and security, consisting of the following members: (a) The director of the division of homeland security and emergency management. (b) The attorney general, or designee. (c) The chair of the public utilities commission, or designee. (d) The adjutant general, or designee. (e) The commissioner of the department of health and human services, or designee. (f) The director of the division of fire safety. (g) The commissioner of the department of safety, or designee. (h) The director of the division of planning and community development. (i) The commissioner of the department of transportation, or designee. (j) The commissioner of the department of natural and cultural resources, or designee. (k) The commissioner of the department of agriculture, markets, and food, or designee. (l) The commissioner of the department of environmental services, or designee. (m) The commissioner of the department of administrative services, or designee. (n) The director of the division of ports and harbors, Pease development authority. (o) The director of police standards and training. (p) The director of the division of fire standards and training. (q) A local police chief, appointed by the governor. (r) A local fire chief, appointed by the governor. (s) A county sheriff appointed by the governor. (t) A representative of the Professional Firefighters of New Hampshire, appointed by the governor. (u) The director of the division of state police. (v) The director of the division of public health services. (w) The commissioner of the department of corrections, or designee. (x) The executive director of the department of fish and game, or designee. (y) The executive director of the New Hampshire Hospital Association. (z) A representative of a regional emergency planning committee, appointed by the governor. (aa) One member of the state hazardous materials cooperative, appointed by the governor. (bb) A representative of the hazardous materials transporter industry, appointed by the governor. (cc) A representative of the hazardous materials industry, appointed by the governor. (dd) The director of the division of emergency communications and services. (ee) A representative of the Business and Industry Association, appointed by the governor. (ff) A representative from the United States Environmental Protection Agency, appointed by that agency. (gg) A representative from the Federal Bureau of Investigation, appointed by the Bureau. (hh) A representative from the United States Coast Guard, appointed by that agency. (ii) [Repealed.] (jj) A representative of the nuclear power industry, appointed by the governor. (kk) A representative of the United States Department of Homeland Security, appointed by the department. (ll) The primary investigator for the Centers for Disease Control and Assistant Secretary for Preparedness and Response (ASPR) grant programs. (mm) A representative of the state citizens corps, appointed by the governor. (nn) A representative of the emergency medical services medical control board, appointed by the board. (oo) The United States Attorney for the District of New Hampshire, or designee. (pp) A representative from the department of health and human services radiological health program, designated by the commissioner of health and human services. (qq) A representative from the department of environmental services environmental health program, designated by the commissioner of environmental services. (rr) A representative from the department of environmental services waste management division, designated by the commissioner of environmental services. (ss) A judicial branch representative, chosen by the chief justice of the supreme court. (tt) A representative of a volunteer emergency response non-governmental organization, appointed by the governor. (uu) The commissioner of the department of information technology, or designee. (vv) Such other representatives as the governor, from time to time, may deem necessary for the fulfillment of the council's mandates. II. (a) The council shall advise the governor on issues involving the state's ability to respond to natural and human-caused disasters, and the preparation and maintenance of a state disaster plan in conformance with any federal regulation or law. (b) The director of homeland security and emergency management shall seek the advice of the council in matters pertaining to any of the state's emergency plans, including the allocation of state and federal resources to meet the objectives of such plan. (c) The council shall serve the functions of the state emergency response commission (SERC) and the Centers for Disease Control's state public health emergency preparedness committee, and may form subcommittees as necessary to perform these functions. (d) The council or an appropriate subcommittee of the council shall review state and federal legislative proposals and regulations, problems with hazardous material transportation, emergency response action team plans, and training and instructional materials on the transportation of hazardous materials, and make recommendations as necessary regarding the efficacy of controls relative to such transportation and the best means for applying such controls without duplication of responsibility or regulation. (e) The council shall make available upon request through the department of safety current regulations and reference materials relative to hazardous materials and address any regulations or ordinances that appear to be in conflict. (f) The council shall oversee statewide radio communications interoperability efforts through the statewide interoperability executive committee, established in paragraph IV, and approve the strategic statewide interoperable communications plan developed by the committee under paragraph VII. (g) The council shall periodically and otherwise as necessary report to the governor, the senate president, and the speaker of the house of representatives on any recommendations of the council that pertain to the state's preparedness and ability to respond to natural and human-caused disasters and acts of terrorism. (h) The commissioner of safety or the commissioner's designee shall serve as the chairperson of the council. III. No fewer than 20 members shall constitute a quorum at any meeting. For ex officio positions a designee from that organization may be appointed in writing by the member to represent him or her at any meeting which the member is unable to attend. IV. There is established within the department of safety a radio interoperability governance group known as the statewide interoperability executive committee (SIEC). The SIEC shall report to the council and shall be comprised of the following members: (a) The commissioner of the department of safety, or designee, who shall serve as chairperson of the committee. (b) The statewide interoperability coordinator, who shall serve as an ex-officio member of the committee. (c) The director of the division of homeland security and emergency management, or designee. (d) Two representatives of the New Hampshire Association of Chiefs of Police, one of whom serves as chief of police for a city and one of whom serves as chief of police for a town. (e) Two representatives of the New Hampshire Association of Fire Chiefs, one of whom serves as fire chief for a city and one of whom serves as fire chief for a town. (f) A representative of a charitable organization that provides disaster relief, appointed by the commissioner. (g) One member of the house of representatives, appointed by the speaker of the house of representatives. (h) One member of the senate, appointed by the senate president. (i) One member of the Professional Fire Fighters of New Hampshire, appointed by the association. (j) One representative of the New Hampshire Sheriff's Association, appointed by the association. (k) The state fire marshal, or designee. (l) One member of the New Hampshire Police Association, appointed by the association. (m) A representative of the New Hampshire Hospital Association, appointed by the association. (n) A local emergency medical services provider, appointed by the commissioner. (o) A local public health official, appointed by the commissioner. (p) A local public works official, appointed by the commissioner. (q) A representative of the New Hampshire Emergency Dispatchers Association, appointed by the association. (r) One representative of a major public safety dispatch center, appointed by the commissioner. (s) The commissioner of the department of administrative services, or designee. (t) The executive director of fish and game, or designee. (u) The commissioner of transportation, or designee. (v) The commissioner of business and economic affairs, or designee. (w) The commissioner of natural and cultural resources, or designee. (x) The commissioner of health and human services, or designee. (y) The director of emergency services and communications, or designee. (z) The university of New Hampshire police chief. (aa) The adjutant general, or designee. (bb) The department of safety, grants management coordinator, or designee. (cc) The department of safety, director of state police, or designee. (dd) The assistant commissioner of safety. (ee) A representative of the department of justice, appointed by the attorney general. (ff) A representative of fire mutual aid districts, appointed by the districts. (gg) The director of fire standards and training and emergency medical services, or designee. (hh) A department of safety emergency services radio technician, appointed by the commissioner of safety. (ii) The commissioner of the department of information technology, or designee. (jj) The commissioner of the department of corrections, or designee. (kk) Not more than 2 representatives of private, broadband technology-related businesses, appointed by the executive management group. (ll) Not more than 2 representatives of the university of New Hampshire broadband technology-related business, appointed by the executive management group of the SIEC. (mm) Not more than 7 subject matter experts, based on the identified need of the SIEC, appointed by the executive management group. V. Public members of the committee shall serve 3-year terms. Representatives of state agencies and legislative members of the committee shall serve terms coterminous with their term in office. If in the course of a member's term, the member becomes ineligible because of a change of occupation or is no longer a member of the group that he or she represented, he or she shall continue to serve until a replacement is qualified and designated. Voting members of the committee shall elect by majority vote a vice-chairperson and a secretary, each of whom shall serve a term of 2 years. A voting member, or the member's designee, may submit a single alternate member, who may serve as a voting member in the absence of the voting member or designee by submitting the name and position in writing to the chair prior to the alternate making any vote. A quorum shall consist of 12 voting members of the committee. VI. The SIEC shall include an executive management group and 3 working groups. (a) The executive management group shall be responsible for aligning overarching interoperability strategies and plans, and maintaining fiduciary and fiscal compliance. The executive management group shall be comprised of the following 8 members: (1) The chairpersons of the 3 SIEC working groups established in subparagraph (b). (2) The chairperson of the SIEC. (3) The vice-chairperson of the SIEC. (4) The secretary of the SIEC. (5) A legislative member of the SIEC, elected by the SIEC. (6) The statewide interoperability coordinator. (b) The working groups shall be comprised of voting members of the SIEC selected by the commissioner and shall consist of a radio frequency communications working group, a data communications working group, and an operations working group. (c) The chairperson of each working group shall serve on the executive management group of the SIEC representing the interest of his or her group. (d) The SIEC and the working groups may invite subject matter experts to provide information and testimony relevant to the committee or group. VII. The SIEC shall oversee statewide radio communications interoperability efforts and shall develop, with the approval of the council, a strategic statewide interoperable communications plan and any amendments thereto. The SIEC shall: (a) Utilize the most contemporaneous statewide communications interoperability plan (SCIP), the National Emergency Communications Plan, and the SCIP action plan as a framework to better understand the current baselines of communications interoperability and to determine how to best implement each step toward interoperability in the state, with neighboring states, and with federal partners. (b) Direct the working groups established in paragraph VI to identify and recommend technologies, operating procedures, network consolidation, and other resources that will enhance communications interoperability in New Hampshire. (c) Create a statewide communications interoperability strategy and spending plan; attempt to bridge regional plans with the statewide strategy; and oversee implementation of the statewide communications interoperability plan and the national emergency communications plan. (d) Recommend best practices, policies, procedures, and protocols for communications personnel, including dispatchers and dispatch center supervisors as well as technical communications support staff. (e) Establish training baselines and recommend training for key communications personnel, and help to ensure that training opportunities supporting communications interoperability are available to all public safety first responders and public safety dispatchers. Source. 2002, 257:7. 2003, 319:110-113. 2004, 171:7, 8, 28; 257:44. 2005, 149:5. 2008, 361:6. 2011, 169:2, eff. Jan. 1, 2012; 224:274, III, eff. July 1, 2011. 2012, 265:5, eff. June 18, 2012. 2015, 176:3, 4, eff. June 26, 2015. 2017, 156:14, I, 64, eff. July 1, 2017. 2018, 251:1, 2, eff. Aug. 11, 2018. 2021, 91:198, eff. July 1, 2021. 2025, 141:33, eff. July 1, 2025.
Propose a change21-P:48-a Division of Emergency Services and Communications.
I. There is hereby created a division of emergency services and communications within the department of safety under the supervision of the director of emergency services and communications and reporting to the assistant commissioner. The commissioner shall nominate a director of the division of emergency services and communications for appointment by the governor, with the consent of the council, who shall serve a term of 4 years until a successor has been appointed. The director shall be responsible to carry out such duties as are specifically enumerated in this subdivision and as may be assigned by the office of the commissioner. The director shall be academically and technically qualified to hold the position and shall receive the salary specified in RSA 94:1-a for the director of emergency services and communications. II. With the approval of the commissioner, the director may employ such necessary technical, clerical, stenographic, and other personnel, and may make such expenditures from state or federal funds as are or may be made available for purposes of emergency services and communications and the state radio communications systems. The director and other personnel of the division shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing, and funds for traveling and related expenses, in the same manner as provided for personnel of other state agencies. With general oversight by the assistant commissioner, the director shall coordinate the activities of all organizations for emergency 911 telecommunications within the state, state and local, county, and private, and shall maintain liaison with and cooperate with police, fire, emergency medical, and sheriff's departments and emergency telecommunications organizations of other states and of the federal government. The director shall also oversee the state radio communications system, which includes infrastructure and any communication systems that directly support interoperable communications and the exchange of information between the public safety answering point/emergency communications center and the first responder, and have such additional duties, responsibilities, and authority authorized by applicable laws as may be prescribed by the commissioner. III. Notwithstanding any other provision of law, maintenance of the state radio communications systems overseen by the division of emergency services and communications pursuant to this section shall be funded by the surcharge fund established in RSA 106-H:9. Source. 2008, 361:7. 2011, 224:335, eff. July 1, 2011. 2016, 147:3, eff. July 1, 2016. 2025, 141:381, eff. July 1, 2025.
Propose a change