Revision: Jan. 22, 2013, midnight
HB 399-FN – AS INTRODUCED
2013 SESSION
05/04
HOUSE BILL 399-FN
AN ACT establishing the New Hampshire liberty act.
COMMITTEE: State-Federal Relations and Veterans Affairs
This bill establishes the New Hampshire liberty act. The bill prohibits the state from supporting or implementing 2 sections of the National Defense Authorization Act for Fiscal Year 2012, pertaining to the authority of the United States armed services to detain persons suspected of terrorism.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0324
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing the New Hampshire liberty act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings.
I. The legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of New Hampshire, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.
II. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America:
(a) Article I, Section 9, Clause 2’s right to seek writ of habeas corpus;
(b) The First Amendment’s right to petition the government for a redress of grievances;
(c) The Fourth Amendment’s right to be free from unreasonable searches and seizures;
(d) The Fifth Amendment’s right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury;
(e) The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law;
(f) The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime shall have been committed;
(g) The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
(h) The Sixth Amendment’s right to confront witnesses;
(i) The Sixth Amendment’s right to counsel;
(j) The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; and
(k) The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law.
III. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, violate the following Articles of the Constitution of New Hampshire:
(a) Part I, Article 7, which provides: the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled; and
(b) Part I, Article 10, which provides: government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government.
2 New Chapter; New Hampshire Liberty Act. Amend RSA by inserting after chapter 646-A the following new chapter:
CHAPTER 646-B
646-B:1 Support of National Defense Authorization Act Prohibited.
I. The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.
II. Any public officer, employee, or agent of the state of New Hampshire, or any employee of a corporation providing services to the state of New Hampshire that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of paragraph I shall be guilty of a class A misdemeanor.
3 Effective Date. This act shall take effect upon its passage.
LBAO
13-0324
01/02/13
HB 399-FN - FISCAL NOTE
AN ACT establishing the New Hampshire liberty act.
FISCAL IMPACT:
The Department of Administrative Services, Department of Safety, Judicial Council, and New Hampshire Association of Counties state this bill, as introduced, will have an indeterminable impact on state revenues, and state and county expenditures. There will be no fiscal impact on county and local revenues, or local expenditures.
METHODOLOGY:
The Department of Administrative Services states this bill establishes that the state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the federal National Defense Authorization Act for Fiscal Year 2012, pertaining to the military detention of persons suspected of involvement in terrorism. The bill also instructs the Department of Safety to report to the governor and legislature any attempts by agents of the United States to secure enforcement of the Act through that or any other state department. The Department of Administrative Services states it is unable to determine what, if any, financial impact the bill would have upon the Department of Safety or any other department.
The Judicial Branch states the bill establishes a class A misdemeanor for any public officer, employee, or agent of the state of New Hampshire, or any employee of a corporation providing services to the state of New Hampshire, who enforces or attempts to enforce sections 1021 or 1022 of the National Defense Authorization Act. The Branch states it has no information on which to estimate how many new class A misdemeanors will be prosecuted as a result of the bill. The Branch does have information on the average cost of processing such cases in trial court, however these cost estimates are based on data that is more than seven years old and does not reflect changes to the courts over that period of time or the impact these changes may have on the processing of these types of cases. The Branch states the average cost of a class A misdemeanor charge in the district division of the circuit court will be $62.71 in FY 2014 and $64.40 in FY 2015. These numbers do not consider the cost of any appeals that may be taken following trial in the district division of the circuit court.
The New Hampshire Association of Counties states the bill establishes a new misdemeanor A penalty. The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Department of Safety states the bill will have no fiscal impact on the Department.