SB 332 – AS AMENDED BY THE HOUSE
02/08/12 0568s
15May2012… 2221h
2012 SESSION
08/09
SENATE BILL 332
AN ACT repealing a prohibition relative to auxiliary state troopers, repealing the law governing motor vehicles carrying property for hire, and relative to searches conducted for purposes of transportation-related security.
SPONSORS: Sen. Rausch, Dist 19
AMENDED ANALYSIS
This bill repeals a prohibition relative to auxiliary state troopers and repeals the law governing motor vehicles carrying property for hire.
This bill also requires law enforcement officers to document complaints relating to administrative searches by agents of the Transportation Security Administration.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/08/12 0568s
15May2012… 2221h
12-2807
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT repealing a prohibition relative to auxiliary state troopers, repealing the law governing motor vehicles carrying property for hire, and relative to searches conducted for purposes of transportation-related security.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Auxiliary State Police; Time of Service. Amend RSA 106-B:19 to read as follows:
106-B:19 Auxiliary State Police. The director is authorized to recruit, train, and organize an auxiliary state police force for the purpose of providing emergency services throughout the state for peacetime or wartime emergencies or threatened emergencies and for augmenting the state police force in such manner as the director may deem appropriate. Notwithstanding other provisions the director may recruit such auxiliary force from retired state or local police. Such auxiliary force shall at all times be under the direction and control of the said director and shall be subject to rules adopted by the director under RSA 541-A [and shall serve for a period of not more than 90 days in any one year] and shall be limited to specific hours in any given calendar year for part-time police officers adopted in rules under RSA 541-A by the police standards and training council, pursuant to RSA 188-F:27, III.
2 Exclusions from Stock Provisions; Cross Reference. Amend RSA 228:92, II to read as follows:
II. Any common carrier which is subject to RSA 375-A[, RSA 375-B,] or RSA 376 shall not be subject to the provisions of this subdivision.
3 Regulation of Domestic Electric Utilities; Cross Reference. Amend RSA 374-A:6, I(a)(1) to read as follows:
(1) The provisions of RSA 367, 368, 372, 373, 375-A, [375-B,] 376, 377, 379, 380, 381, and 382 and all sections in RSA Title XXXIV relating solely to public utilities other than electric utilities shall not apply to any such municipal utility;
4 Disposition of Revenues; Cross Reference. Amend RSA 376:28 to read as follows:
376:28 Disposition of Revenues. All fees and fines collected pursuant to the provisions of this chapter [and RSA 375-B] shall be made available to the department of safety, except that the cost of issuance of registration plates shall be paid to the division of motor vehicles.
5 New Chapter; Federal Agency Searches Recorded. Amend RSA by inserting after chapter 595-B the following new chapter:
CHAPTER 595-C
FEDERAL AGENCY SEARCHES RECORDED
595-C:1 Federal Agency Searches Recorded.
I. Any law enforcement officer, as defined in RSA 651:6, I-a(a) who is stationed or present at an airport, bus station, train station, highway, or other transportation-related location or is in the presence of or who is working with an agent of the federal Transportation Security Administration or its equivalent while such agent is conducting an administrative search for transportation security of persons about to travel or already traveling in a vehicle of any kind shall record all interactions between the agent and citizen when that citizen complains to the law enforcement officer about the manner in which the administrative search is being or has been conducted.
II. When a law enforcement officer is not available at the site of an administrative search conducted for transportation security, a citizen may file a complaint at any office of the county sheriff within the state of New Hampshire, and the officer taking the report shall follow the same procedures as would be required had he or she been at the scene.
III. In such cases as described in paragraphs I and II, the law enforcement officer shall record the name and address of the citizen as well as the name and address or official identification of the agent, along with an accurate statement of the details involving the complaint and his or her observations of the federal agent’s behavior when applicable.
IV. Such records described in paragraph III shall be submitted within 5 business days to the division of state police for inclusion on an electronic database specifically identified as “Citizen Complaints About TSA Searches.” The division of state police shall maintain the reports on the electronic database for at least 5 years, after which the records may be archived but not destroyed.
V. The information recorded pursuant to this section, with the name and other identifying information of the complainant redacted, shall be a public record under RSA 91-A.
VI. The department of safety and its employees and agents shall not be held liable for errors of omission or commission in the recording and maintenance of information under this section unless the error is shown to be the result of gross negligence or an intentional act.
VII.(a) In order to assist in the accuracy of records created by law enforcement officers in paragraph III, all citizens being searched shall be afforded their rights under the First Amendment to the Constitution for the United States of America and under Part 1, Article 22 of the New Hampshire Constitution to record, or designated a person to record, using any type of audio and video recording device, or a device that records just audio or just video, all interactions with an agent described in paragraph I, even in the presence of a law enforcement officer, without exception.
(b) If a citizen is prevented in any way from exercising his or her rights as specified in this section, he or she may require a law enforcement officer to enforce the provisions of this section.
(c) If a law enforcement officer does not enforce the provisions of this chapter or makes it difficult for a citizen to exercise his or her rights as specified in this section, the law enforcement officer may be guilty of official oppression pursuant to RSA 643:1.
6 Repeal. RSA 375-B, relative to motor vehicles carrying property for hire, is repealed.
7 Effective Date.
I. Section 5 of this act shall take effect 90 days after its passage.
II. The remainder of this act shall take effect upon its passage.