sb 0442

CHAPTER 248

SB 442-FN - FINAL VERSION

AN ACT establishing a committee to study revising the statutes relative to the state militia and the state guard, making certain technical changes to the militia statutes, and creating 2 funds.

SPONSORS: Sen. Barnes, Dist 17; Sen. D'Allesandro, Dist 20; Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Sen. Roberge, Dist 9; Sen. Disnard, Dist 8; Sen. Flanders, Dist 7; Sen. Gatsas, Dist 16; Sen. Wheeler, Dist 21; Sen. Hollingworth, Dist 23; Sen. Cohen, Dist 24; Rep. Avery, Ches 8; Rep. Fields, Hills 18; Rep. Emerson, Ches 13; Rep. Downing, Rock 26

This bill establishes a committee to study revising the statutes relative to the state militia and the state guard.

The bill also makes certain technical corrections to the state militia laws to conform to federal law and current practice.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing a committee to study revising the statutes relative to the state militia and the state guard, making certain technical changes to the militia statutes, and creating 2 funds.

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

248:1 Committee Established. There is established a committee to study revising the statutes relative to the state militia and the state guard.

(b) Three members of the state-federal relations and veterans affairs committee of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

248:3 Duties. The committee shall study issues involved in revising the statutes relative to the state militia and the state guard, which are currently RSA 110-B and RSA 111.

248:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

248:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.

[I]. All [~~special~~] military and departmental regulations adopted under this chapter shall be exempt from the requirements of RSA 541-A[~~, except as indicated in paragraph II~~].

[~~II. The adjutant general, with the approval of the governor and council, shall adopt rules under RSA 541-A relative to:~~

~~(a) The use of armories for each of the groups identified in RSA 110-B:29-31;~~

~~(b) Rental fees for the use of armories in accordance with RSA 110-B:32; and~~

248:7 National Guard Facilities; Use of Force. RSA 110-B:28 is repealed and reenacted to read as follows:

I. All armories, arsenals, camps, ranges, bases, airports, and other facilities owned, leased, licensed, or maintained by the state or by the United States for the use of the New Hampshire national guard and all activities conducted therein shall be under the general charge, control of, and regulated by the adjutant general and no political subdivision of the state shall interfere with or regulate such activities. The adjutant general may use the means necessary and required, including the arming of trained personnel, to protect, guard, secure and defend and maintain all such facilities. Use of force by any member of the New Hampshire national guard in duty status, shall be in accordance with the applicable Department of Defense, United States Army, and United States Air Force directives and instructions on rules of engagement and use of force. If mission specific rules of engagement are issued, the specific rules shall be followed, to the degree they deviate from the existing rules, for as long as military members are carrying out duties related to the mission for which the specific rules were issued.

II. Unless the same shall be furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges, and other facilities and shall maintain the same for units of the army national guard and of the air national guard allotted to the state under the laws of the United States, accepted by the governor and organized under the authority of this chapter.

III. The adjutant general may designate an officer to be in direct charge of each armory, arsenal, camp, base, or other facility.

IV. The adjutant general may cooperate with and enter into agreements with the federal government, or any agency thereof, as he or she deems desirable to secure the participation of the United States government, through the allotment of federal funds, in the costs of constructing, enlarging, or altering armories or other military facilities.

V. Any military facilities which are the responsibility of the state shall be accepted by the adjutant general, after the approval of the governor and council in accordance with the provisions of RSA 4:29.

VI. For purposes of morale and unit cohesiveness and to assist in esprit de corps, units may have a social club composed of members located within national guard facilities. Any such club shall be subject to regulations issued by the adjutant general, shall be under the control of the assistant adjutant general for the air or army national guard, and shall be licensed and subject to inspection by the New Hampshire state liquor commission.

248:8 Use of Armories or Other National Guard Facilities. RSA 110-B:29 is repealed and reenacted

I. All New Hampshire national guard facilities shall be primarily for the military duty, instruction, and training of the national and state guard and for the storage and maintenance of military property. Other use of national guard facilities may be authorized by the adjutant general and shall be governed by rules and regulations promulgated under this section.

II. Rental fees for the use of national guard facilities shall be fixed by the adjutant general and shall be declared as revenue and paid to the adjutant general subject to the provisions of RSA 110-B:61.

248:9 New Section; New Hampshire National Guard Training Center Funds. Amend RSA 110-B by inserting after section 32 the following new section:

I. For the purpose of supporting morale and maintaining training abilities, 2 funds are created. Both funds shall be nonlapsing interest bearing funds.

II. One fund shall be known as the chargeable transient quarters (QTC) and billeting fund. Revenue for this fund shall be non-appropriated funds obtained from the proceeds of room service charges at the army national guard state training center. These funds shall be used for non-appropriated fund services at the state training center. Funds will be released for their stated purpose at the discretion of the adjutant general.

III. The second fund shall be known as the army national guard state training center program management fund, into which operating costs billed to and collected from non-army national guard users shall be deposited. This fund shall be used to supplement federal funds provided to manage and operate the army national guard state training center. Funds may be released for their stated purpose at the discretion of the adjutant general.

248:10 Administration of Oaths and Notarial Acts. RSA 110-B:64 is repealed and reenacted to read as follows:

I. All commissioned and warrant officers of the New Hampshire national guard and state guard as well as other personnel authorized to administer oaths under the laws of this state shall have the power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration. All commissioned and warrant officers of the armed forces of the United States, in addition to those named above may administer enlistment oaths to those enlisting or re-enlisting in the New Hampshire national guard.

II. All judge advocates and paralegals serving in the militia shall, by virtue of their office and service, have the general powers of a notary public as described in RSA 455 in the performance of all notarial acts to be executed by any member of the militia or United States armed forces and other persons eligible for legal assistance services by law or regulation. No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. The signature of any such person acting as a notary, together with the title of that person's office, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act. Any notarizations or acknowledgments accomplished under the authority of this chapter shall generally follow the form below but are not required to be under official seal:

I, (name of notary public), certify that the foregoing instrument was subscribed and (sworn)(affirmed) before me this (day of the month) day of (month), (year) by (name of person making statement), (Armed Forces service number/SSN), and who is known to me to be (a member of the New Hampshire national guard) (the spouse of a national guard member).

248:11 Trespassers and Disturbers; Camp Regulations. RSA 110-B:68 is repealed and reenacted to read as follows:

I. The commanding officer of any armory, arsenal, camp, range, base, or other facility of the New Hampshire national guard, or other place where military duties are being performed shall have the authority to arrest and hold under arrest during the continuance of the performance of such military duty any one who trespasses, or in any way interrupts or interferes with the performance of the duties of members of the national guard or the armed forces of the United States. This arrest authority shall extend to anyone who prevents or attempts to prevent the passage of troops of the New Hampshire national guard or of the armed forces of the United States in the performance of their military duties.

II. The adjutant general or commanding officer of any armory, arsenal, camp, range, base, or other facility of the New Hampshire national guard, or any place where any unit is performing military duty, has the authority to limit access and activities in that place. This includes the authority to take action necessary to protect, guard, secure, and defend the armory, arsenal, camp, range, base, or other facility in accordance with RSA 110-B:28.