Bill Text - SB338 (2012)

Relative to residency requirements for national guard positions, establishing the office of state judge advocate, and establishing a military advisory commission.


Revision: Dec. 22, 2011, midnight

SB 338-FN – AS INTRODUCED

2012 SESSION

12-2828

05/10

SENATE BILL 338-FN

AN ACT relative to residency requirements for national guard positions, establishing the office of state judge advocate, and establishing a military advisory commission.

SPONSORS: Sen. Lambert, Dist 13; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. De Blois, Dist 18; Sen. Gallus, Dist 1; Sen. Luther, Dist 12; Sen. Odell, Dist 8; Rep. Baldasaro, Rock 3

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill:

I. Establishes a residency requirement for the position of adjutant general, deputy adjutant general, national guard staff, and commissioned warrant officers.

II. Establishes the office of state judge advocate and the position of state judge advocate.

III. Establishes a military advisory commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2828

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to residency requirements for national guard positions, establishing the office of state judge advocate, and establishing a military advisory commission.

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

1 Adjutant General; Residency Requirement. Amend RSA 110-B:8, I to read as follows:

I. The adjutant general shall be appointed as provided in the constitution and the tenure of office shall be until the officer has reached the age of 65 years. At the time of appointment, he or she shall have been a resident of the state for at least 15 years prior to the appointment. The adjutant general shall have had not less than [5] 10 years of service as a member of the New Hampshire national guard, immediately preceding that appointment, shall have attained at least the rank of colonel and shall be eligible for federal recognition by the department of defense as a brigadier general. After one year as a brigadier general, the adjutant general may be appointed to the rank of major general. The adjutant general’s salary shall be prescribed by law.

2 Deputy Adjutant General; Residency Requirement. Amend the introductory paragraph of RSA 110-B:8-b to read as follows:

110-B:8-b Deputy Adjutant General. The deputy adjutant general shall be appointed as provided in the constitution and the tenure of office shall be for 4 years or until the officer has reached the age of 65 years. At the time of appointment, he or she shall have been a resident of the state for at least 12 years prior to the appointment. The deputy adjutant general shall have had at least [5] 7 years of service as a member of the New Hampshire national guard or United States armed forces, preceding the appointment and shall have at least attained the rank of major. The deputy adjutant general’s salary shall be prescribed by law. The deputy adjutant general shall:

3 Staff for the National Guard; Residency Requirement. Amend RSA 110-B:9 to read as follows:

110-B:9 Staff for the National Guard. There shall be under the adjutant general one assistant adjutant general who shall be director of the army national guard and one assistant adjutant general who shall be director of the air national guard, both of whom shall have at least the rank of brigadier general. The assistant adjutants general shall be appointed by the governor and council to a term of 4 years, provided that no officer shall serve in such capacity beyond the age of 65. At the time of appointment, an assistant adjutant general shall have been a resident of the state for at least 10 years and a member of the New Hampshire national guard for at least 7 years. Under the adjutant general, there shall also be a staff for the national guard. The staff shall consist of such officers as shall be designated in permanent orders and shall perform such functions and duties as the adjutant general may prescribe.

4 Qualifications for Officers, Warrant Officers, and Enlisted Personnel; Residency Requirement. Amend RSA 110-B:20, I to read as follows:

I. No person shall be appointed or promoted as a commissioned officer or warrant officer of the national guard unless such person [shall have] is a resident of the state and has passed such examination as to his or her physical, moral and professional qualifications as may be prescribed by this chapter and the regulations issued thereunder.

5 Applicability. Any person appointed or commissioned under RSA 110-B:8, 110-B:8-b, 110-B:9, or 110-B:20 as of the effective date of this act shall not be required to comply with the residency requirements in sections 1-4 of this act unless and until the person is promoted or reappointed.

6 New Section; Office of State Judge Advocate Established. Amend RSA 110-B by inserting after section 9 the following new section:

110-B:9-a Office of State Judge Advocate.

I. There is established an office of state judge advocate, under the supervision and direction of the state judge advocate. The adjutant general shall appoint the state judge advocate, who shall serve as legal counsel for the national guard. The state judge advocate shall be a licensed attorney and member in good standing of the New Hampshire Bar Association. At the time of appointment, he or she shall have been a resident of the state for at least 10 years and a member of the New Hampshire national guard for at least 7 years.

II. The state judge advocate may appoint assistant state judge advocates who shall perform such duties as the state judge advocate may prescribe. Assistant judge advocates shall be members in good standing of the New Hampshire Bar Association and shall be residents of the state upon appointment. Each assistant judge advocate shall be qualified as a judge advocate pursuant to the regulations of the assistant judge advocate officer’s respective United States army or air force component.

III. The state judge advocate and assistant judge advocate officers may be appointed by the attorney general as special assistant attorneys general for the purpose of representing the adjutant general or national guard before the courts of the state and nation. Appointment shall not constitute a conflict of interest in the officer’s nonmilitary practice of law as to any litigation in which another agency of the state is a party in interest. Judge advocate officers appointed special assistant attorneys general shall also be authorized to bring and prosecute, in the name of the state, criminal complaints against members of the national guard relating to violations of RSA 110-B:39 through RSA 110-B:59, the New Hampshire code of military justice, in any of the courts of this state.

7 New Section; New Hampshire Military Advisory Commission. Amend RSA 110-B by inserting after section 12 the following new section:

110-B:12-a New Hampshire Military Advisory Commission.

I. There is established a New Hampshire military advisory commission, the purpose of which shall be to maintain a cooperative and constructive relationship between the state of New Hampshire, its agencies and departments, and the commanding officers of military installations located in the state.

II.(a) Members of the commission shall be as follows:

(1) The adjutant general.

(2) Four public members, appointed by the governor.

(3) Three public members, appointed by the senate president.

(4) Three public members, appointed by the speaker of the house of representatives.

(b) The adjutant general shall serve a term coterminous with his or her term in office. Public members of the commission shall serve a term of 6 years, provided that initial appointments shall be for staggered terms of 2, 4, and 6 years. Of the members initially appointed by the governor, one shall serve a term of 2 years, 2 shall serve a term of 4 years, and one shall serve a term of 6 years. Of the members initially appointed by the senate president and speaker of the house of representatives, one member appointed by each legislator shall serve a term of 2 years, one member appointed by each legislator shall serve a term of 4 years, and one member appointed by each legislator shall serve a term of 6 years. Vacancies shall be filled in the same manner as the original appointment.

(c) The commanding officer of the air national guard and army national guard, or their designees, shall serve as non-voting members of the commission and shall be invited to attend and participate in all meetings of the commission.

III. The commission shall identify, study, and advise the governor on issues of mutual concern to the governor and the military installations operating within the state. Areas of study shall include changes in relevant laws, regulations, and funding requirements, opportunities derived from the relocation, expansion, and growth of military facilities in the state, and such other issues as the commission and governor deem appropriate.

IV. The members of the commission shall elect a chairperson and vice-chairperson from among the members. The first meeting of the commission shall be called by the adjutant general. The first meeting of the commission shall be held within 45 days of the effective date of this section. Thereafter, meetings shall be held annually, at the call of a majority of the commission members, and at such additional times as may be required by rules adopted by the commission. At least one week’s notice of all meetings shall be given in the manner prescribed by the rules of the commission. A majority of the commission shall constitute a quorum. Meetings of the commission shall be subject to RSA 91-A.

V. Beginning November 1, 2012 and each November 1 thereafter, the commission shall make an annual report of its findings and any recommendations for further action including proposed legislation, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.

8 Effective Date.

I. Sections 1-6 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

LBAO

12-2828

12/07/11

SB 338-FN - FISCAL NOTE

AN ACT relative to residency requirements for national guard positions, establishing the office of state judge advocate, and establishing a military advisory commission.

FISCAL IMPACT:

      The Adjutant General’s Department states this bill will increase state general fund expenditures by an indeterminable amount in FY 2012 and each year thereafter. There is no fiscal impact on county and local expenditures, or state, county and local revenue.

METHODOLOGY:

    The Adjutant General’s Department states this bill establishes residency requirements for positions in the Department, establishes a military advisory commission, and establishes the office of state judge advocate and the position of state judge advocate. The Department states this bill will increase state general fund expenditures but is not able to determine by how much. The Department does not have information to determine at what salary level the state judge advocate position would be paid nor does it know how many, if any, assistant judge advocates would be appointed and at what salary level. Not knowing the size of the office, the Department is not able to determine the increased costs.

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