HB 524-FN – AS INTRODUCED

2009 SESSION

09-0073

09/04

HOUSE BILL 524-FN

AN ACT establishing a permanent state defense force.

SPONSORS: Rep. Itse, Rock 9; Rep. Dumaine, Rock 3; Rep. Baldasaro, Rock 3; Rep. Bettencourt, Rock 4; Rep. Welch, Rock 8; Sen. Denley, Dist 3

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This bill establishes a permanent state defense force.

This bill also removes the exemption from RSA 541-A for regulations and proclamations issued relative to the state guard.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type .

09-0073

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing a permanent state defense force.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Finding. The general court finds that a large portion of the New Hampshire national guard has been and is on active duty outside the boundaries of the state and, therefore, finds it prudent to heed the recommendation from the Department of Homeland Security to establish a permanent state defense force by revising the militia statutes relative to the state guard.

2 Authority. Amend RSA 111:1 to read as follows:

111:1 Authority.

I. [ Whenever any part of the New Hampshire national guard is in the active service of the United States, ] The governor is hereby authorized and required to organize and maintain within this state [ during such period ], under such regulations as the Department of Defense of the United States may prescribe for discipline in training, and otherwise in general conformity with existing law, regulations, rules, and practices pertaining to the national guard, [ such ] military forces [ as he may deem necessary ] to defend this state from invasion, rebellion, disaster, insurrection, riot, breach of the peace or imminent danger thereof, or to maintain the organized militia.

II. The governor [ may ] shall authorize and require the adjutant general’s department to maintain a cadre of officers and enlisted personnel on a standby basis to prepare and maintain a roster of available personnel and to plan for an active state guard [ in the event of the mobilization of all or a part of the New Hampshire national guard. The provisions of RSA 541-A shall not apply to any regulations or proclamations issued pursuant to RSA 111 ]. The purpose of the state guard shall be the defense of the state: to coordinate the resources of the state and interface between the state and the national guard in time of emergency or natural disaster and to defend the state against invasion.

3 Composition. Amend RSA 111:2 to read as follows:

111:2 Composition.

I. Such military forces shall be composed of commissioned officers and such able-bodied citizens of the state as shall volunteer for service therein, [ supplemented, if necessary, by the unorganized militia enrolled by draft and subject to military duty as provided by RSA 110-B ] and, in addition to active units, may include inactive and reserve components as defined in this section. No person shall be appointed or enlisted in the state guard who is a member of any other military force of the United States or the state of New Hampshire, or who has any service obligation to any of the armed forces of the United States, except that a retired military member may be appointed or enlisted in the state guard, if otherwise qualified.

II. The active state guard shall be comprised of those active reserve state guard members called into actual service by the governor of the state.

III. The active reserve state guard shall be comprised of those citizens of the state who volunteer for service in the active reserve state guard. Active service in the state guard shall be for a period of one year and members shall be subject to such discipline as is determined by the adjutant general of the state.

IV.(a) The inactive reserve state guard shall be comprised of all able-bodied residents of the state who are 18 years of age or older, who are, or have declared their intention to become, citizens of the United States, and who are not serving in the national guard or the active reserve state guard or exempt under subparagraph (b) unless such exempt person volunteers to serve in the inactive reserve state guard. Inactive reserve state guard members may participate in any training provided for the active reserve state guard. Inactive reserve state guard members may hold commissions up to the rank of captain without specific assignment having held equivalent or higher rank in the armed forces of the United States of America or the New Hampshire national guard, or if their training or education qualifies them for such rank, provided that their time in grade shall always be inferior to those of equal rank in the active reserve state guard. Members of the inactive reserve state guard may volunteer for service in an actual emergency for such period or periods of time as their circumstances will allow.

(b)(1) The following persons shall be exempt from inclusion in the inactive reserve state guard:

(A) Elected or appointed officials of the government of the United States of America;

(B) Elected or appointed officials of the government of the state of New Hampshire;

(C) An employee of the state of New Hampshire;

(D) Elected or appointed officials of a political subdivision of the state of New Hampshire and employees of a political subdivision of the state of New Hampshire;

(E) A physician, nurse, medical technician, or a critical employee of an energy, communication, or food supply company designated as such by the company;

(F) Any person who is disqualified under part 1, article 13 of the New Hampshire constitution; and

(G) Any person who is disabled.

(2) Exemption shall not prevent any person from volunteering for the inactive reserve state guard in such capacity as his or her circumstances allow.

4 Pay and Allowances. RSA 111:7 is repealed and reenacted to read as follows:

111:7 Pay and Allowances. RSA 110-B:37 and any other provisions of RSA 110-B which relate to pay shall not apply to the state guard. Members of the state guard shall receive no pay or other form of compensation from the state.

5 Equipment. RSA 111:8 is repealed and reenacted to read as follows:

111:8 Equipment. The state shall not be required to supply equipment or uniforms to the state guard. The state may supply equipment or uniforms to the state guard which is considered surplus or obsolete by the national guard or which is donated by a service organization. The state guard may apply for grants and donations to pay for equipment and supplies. The state guard may also apply to the armed forces of the United States of America for surplus equipment.

6 New Section; Administration. Amend RSA 111 by inserting after section 8 the following new section:

111:8-a Administration. The field staff and regimental commanders of the state guard shall administer the training and records of the state guard.

7 Acceptance of Gifts Prohibited. Amend RSA 111:23 to read as follows:

111:23 Acceptance of Gifts Prohibited. The acceptance of gifts, donations, gratuities, or anything of value by [ the state guard or by ] any individual member of [ such forces ] the state guard from any individual, firm, association, or corporation, by reason of such membership is prohibited. Violation of this section may be cause for dishonorable discharge from further service as a member of the state guard.

8 Repeal. RSA 110-B:1, IV, relative to the unorganized militia, is repealed.

9 Effective Date. This act shall take effect 60 days after its passage.

LBAO

09-0073

12/29/08

HB 524-FN - FISCAL NOTE

AN ACT establishing a permanent state defense force.

FISCAL IMPACT:

The Adjutant Generals Department states this bill would have an indeterminable increase on state expenditures in FY 2009 and each year thereafter. This bill would have no fiscal impact on state revenues or county and local revenue or expenditures.

METHODOLOGY:

The Adjutant Generals Department states this bill establishes a permanent state defense force and removes the exemption from RSA 541-A for regulations and proclamations issued relative to the state guard. The Adjutant Generals Department states because this bill does not specify the size of the permanent state defense force, the amount of additional resources such as space, equipment and personnel is indeterminable. The Department notes this bill would require the hiring of three additional positions to manage the accounting, equipment control, grant management, and surplus and property book responsibilities of the defense force. The Department estimates the three additional positions required to cost the following:

Position Title FY 2010 FY 2011 FY 2012 FY 2013 Accounting Technician (LG 12) Salary $26,539 $27,515 $28,646 $29,718 Benefits $18,649 $20,089 $21,668 $23,363 Program Assistant II (LG 15) Salary $29,718 $30,986 $32,234 $33,540 Benefits $19,277 $20,775 $22,378 $24,119 Business Admin. II (LG 24) Salary $42,841 $44,753 $46,722 $48,770 Benefits $21,872 $23,497 $25,242 $27,130 Total $158,896 $167,615 $176,890 $186,640