HB 1431-FN- AS INTRODUCED
2008 SESSION
09/04
HOUSE BILL 1431-FN
AN ACT establishing a permanent state defense force.
SPONSORS: Rep. Itse, Rock 9; Rep. Weyler, Rock 8; Rep. Heard, Carr 3; Rep. Dumaine, Rock 3
COMMITTEE: State-Federal Relations and Veterans Affairs
This bill establishes a permanent state defense force.
This bill also removes the exemption from RSA 541-A for regulation and proclamations issued relative to the state guard, increases the initial uniform allowance for commissioned officers, requires the adjutant general to provide uniforms for each enlisted member of the active state guard, and establishes an education benefit.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2153
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
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 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 a fuel 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. Amend RSA 111:7 to read as follows:
111:7 Pay and Allowances. The pay provisions of RSA 110-B shall not apply to the state guard, which shall be compensated as follows:
I. Each member of the active reserve state guard ordered into active service by command of the governor, for each day's service in complete uniform, except for annual inspection, drill, target practice or special service, and each commissioned officer of the state guard shall receive for each day or part thereof of such duty the same rate, base pay, as an officer of like grade in the United States Army.
II. Each enlisted member of the active reserve state guard shall be paid at the rate, base pay, prescribed in federal pay tables for an enlisted member of like grade in the United States Army.
III. Each commissioned officer who is completely uniformed at his own expense with the authorized state guard uniform shall receive the sum of [$100] $200 as an initial officer's uniform allowance. The adjutant general shall provide uniforms for each enlisted member of the active state guard.
IV. Any retired military personnel receiving military retirement benefits shall be compensated by the state so as not to exceed the rate of pay for a comparable grade as prescribed in the federal pay tables.
V. For every 4 terms of active service ordered by command of the governor, a member of the state guard shall receive paid tuition for a course at an institution of the university system of New Hampshire or the community college system of New Hampshire.
5 Repeal. RSA 110-B:1, IV, relative to the unorganized militia, is repealed.
6 Effective Date. This act shall take effect 60 days after its passage.
LBAO
08-2153
11/14/07
HB 1431-FN - FISCAL NOTE
AN ACT establishing a permanent state defense force.
FISCAL IMPACT:
The Adjutant General’s Department states this bill would increase state expenditures by an indeterminable amount in FY 2008 and each year thereafter. There would be no fiscal impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Adjutant General’s Department indicates this bill establishes a permanent state defense force. The bill also provides an initial uniform allowance for commissioned officers, requires the Adjutant General to provide uniforms to enlisted members of the state defense force, and establishes an education benefit for members of the state defense force. The Adjutant General states the fiscal impact cannot be determined because it is not known what the intended size of the cadre of officers and enlisted personnel. However, the Adjutant General states it could not absorb administering this legislation without additional resources.