The COVID Project
The record
- Jurisdiction
- New Hampshire
- Level
- State
- Authority
- RSA ch. 21-P, Homeland Security and Emergency Management subdivision
- Issued
- 2002-07-01 July 1, 2002
- Effective
- standing (read as 2002-07-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 1, 2002 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOperating condition
- Addressees
- the State and political subdivisions; private corporations, organizations and agencies; emergency management workers as defined in para. III
- Character
- liability shield condition
- Collection
- Standing duties: New Hampshire DUT-NH
Operative words
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... shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.
Penalty
Loss of immunity for conduct outside compliance or reasonable attempts at compliance
What it required
Standing immunity for emergency-management activity, available to private corporations, organizations and agencies and to emergency management workers (including employees of 'any corporation, agency or organization, public or private, performing emergency management services... subject to the order or control of, or pursuant to a request of, the state government,' para. III) only when complying or reasonably attempting to comply with the subdivision or an order or rule under it.
Retrieval noteRSA 21-P:42-a (DUT-NH-013) builds on this section by deeming health facilities' compliance with COVID-19 orders to be emergency management. RSA 21-P:42 (Private Liability) separately protects owners of premises who permit their use 'for the purpose of compliance or attempting to comply with this subdivision' (read on gc.nh.gov; not saved).