CHAPTER 370
SB 223-FN – FINAL VERSION
03/22/07 0638s
06/27/07 2359eba
2007 SESSION
07-0259
09/04
SENATE BILL 223-FN
AN ACT establishing a New Hampshire medal of honor and prohibiting funeral protests.
SPONSORS: Sen. Letourneau, Dist 19; Sen. Clegg, Dist 14; Sen. Kenney, Dist 3; Sen. Barnes, Dist 17; Sen. Gatsas, Dist 16; Rep. Coughlin, Hills 4; Rep. Graham, Hills 18; Rep. Bishop, Rock 2; Rep. Hawkins, Hills 18
COMMITTEE: Election Law and Internal Affairs
This bill establishes a New Hampshire medal of honor which may be awarded on behalf of the citizens of the state of New Hampshire to certain individuals who gave their lives in the line of duty while serving in the military on or after November 4, 1979.
This bill also prohibits picketing or other protest activities at locations where a funeral is held.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/22/07 0638s
07Jun2007… 1837h
06/27/07 2359eba
07-0259
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a New Hampshire medal of honor and prohibiting funeral protests.
Be it Enacted by the Senate and House of Representatives in General Court convened:
370:1 New Subdivision; New Hampshire Medal of Honor. Amend RSA 110-B by inserting after section 80 the following new subdivision:
New Hampshire Medal of Honor
110-B:81 New Hampshire Medal of Honor.
I. There is established a New Hampshire medal of honor, which may be awarded on behalf of the people of the state of New Hampshire to any New Hampshire citizen who has given his or her life while in the line of duty to protect and preserve the rights and freedoms of the people of New Hampshire on or after November 4, 1979, and while:
(a) Engaged in an action against an enemy of the United States.
(b) Engaged in military operations involving conflict with an opposing foreign force.
(c) Assigned as military personnel to friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
(d) Serving in a combat zone as designated by Presidential order.
(e) Engaged in training in preparation for deployment to a combat zone as designated by Presidential order.
(f) Serving in the military and killed as a result of a terrorist act.
II. The adjutant general shall cause the name of a recipient of the New Hampshire medal of honor to be entered on a New Hampshire medal of honor roll.
III. Individuals eligible to receive the New Hampshire medal of honor include:
(a) Members of the New Hampshire national guard at the time they were killed.
(b) Members of the United States military reserves who were legal residents of New Hampshire at the time they were killed.
(c) Members of the United States armed forces who were:
(1) Legal residents of New Hampshire at the time they were killed.
(2) Stationed in New Hampshire by a proper order of the United States Department of Defense at the time they were killed.
IV. The New Hampshire medal of honor shall be awarded, with the recommendation of the adjutant general, by a joint resolution introduced by the president of the senate, the speaker of the house of representatives, or the senator or a member of the house of representatives representing the town or city of residence of the individual killed.
V. The adjutant general, with the approval of the governor and council, shall design and provide for the manufacture of the New Hampshire medal of honor. The adjutant general shall design and maintain a New Hampshire medal of honor roll, which shall be available for public viewing.
VI. The governor shall present the New Hampshire medal of honor awarded under this section to the family members of the recipient.
370:2 New Section; Prohibition on Funeral Protests. Amend RSA 644 by inserting after section 2-a the following new section:
644:2-b Prohibition on Funeral Protests.
I. In this section, “funeral” means the ceremonies, processions, and memorial services held in connection with the burial or cremation of the dead.
II. It shall be unlawful for any person to engage in picketing or other protest activities at any location at which a funeral is held, within one hour prior to the commencement of any funeral, and until one hour following the cessation of any funeral, if such picketing or other protest activities:
(a) Take place within 150 feet of a road, pathway, or other route of ingress to or egress from cemetery property and include, as part of such activities, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral, memorial service, or ceremony; or
(b) Are within 300 feet of such cemetery and impede the access to or egress from such cemetery.
III. Each day on which a violation of this section occurs shall constitute a separate offense. Violation of this section is a class B misdemeanor, unless committed by a person who has previously pled guilty to or been found guilty of a violation of this section, in which case the violation is a class A misdemeanor.
370:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 17, 2007
Effective: September 15, 2007