Bill Text - HB524 (2013)

Relative to national guard facilities, the national guard scholarship fund, and the state active duty death benefit.


Revision: March 7, 2013, midnight

HB 524 – AS AMENDED BY THE HOUSE

6Mar2013… 0475h

2013 SESSION

13-0540

08/04

HOUSE BILL 524

AN ACT relative to national guard facilities, the national guard scholarship fund, and the state active duty death benefit.

SPONSORS: Rep. Major, Rock 14; Rep. Graham, Hills 7; Rep. Baldasaro, Rock 5; Rep. Weyler, Rock 13; Rep. Theberge, Coos 3; Rep. Kappler, Rock 3

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This bill:

I. Allows the adjutant general to enter into contracts for construction or improvement of facilities.

II. Makes changes to the National Guard scholarship fund.

III. Does not extend certain pay and benefits to non-active duty personnel.

This bill is a request of the adjutant general.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2013… 0475h

13-0540

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to national guard facilities, the national guard scholarship fund, and the state active duty death benefit.

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

1 National Guard Facilities. Amend RSA 110-B:28, IV to read as follows:

IV. The adjutant general may cooperate with and enter into contracts or agreements with the federal government, or any agency thereof, as he or she deems desirable to secure the participation of the United States government, through the allotment of federal funds, in the costs of constructing, enlarging, or altering armories or other [military] facilities. The adjutant general may authorize the federal government to perform contracting for construction, modifications, or improvements to state owned facilities or land, subject to the approval of the New Hampshire department of justice. The adjutant general may adopt procedures relative to this section to ensure the best interest of the federal and state of New Hampshire governments and the national guard.

2 National Guard Scholarship Fund Established. Amend RSA 110-B:60 to read as follows:

110-B:60 National Guard Scholarship Fund Established. For the purposes of encouraging enlistment and retention in the national guard and to provide for education benefits for members of the national guard in the state, there is hereby established in the state treasury a separate fund to be known as the New Hampshire national guard [recruitment and retention] scholarship fund from which the state treasurer shall make payments as may be authorized by the scholarship committee. The fund shall be a non-lapsing fund.

3 Revenue for Scholarship Fund. Amend RSA 110-B:61 to read as follows:

110-B:61 Revenue for Scholarship Fund. All revenue received from sources other than governmental agencies during any fiscal year from the rental of all national guard armories in this state shall be credited by the state treasurer to the New Hampshire national guard [recruitment and retention] scholarship fund as established in RSA 110-B:60.

4 Scholarship Fund Committee. Amend RSA 110-B:62 to read as follows:

110-B:62 Scholarship Fund Committee. Under such regulations as the adjutant general may prescribe, the fund established pursuant to RSA 110-B:60 shall be administered by a scholarship committee consisting of the adjutant general or his designee, the commissioner of education or his designee, one person appointed by the governor, one member of the house of representatives committee on public protection and veterans’ affairs appointed by the speaker of the house and one member of the senate appointed by the president of the senate. The appointed members shall serve a 2-year term and may be reappointed for an additional term. The committee shall make the final determination of the recipients of the scholarships offered in any fiscal year. [The scholarship awards shall be made annually between the close of the fiscal year and the following September 1.]

5 Eligible Recipients. Amend RSA 110-B:63 to read as follows:

110-B:63 Eligible Recipients. The scholarships shall be awarded to members in good standing of the New Hampshire national guard for the purpose of assisting in tuition payments at institutions of higher learning or postsecondary education located within the state. [No scholarship award to any one person shall exceed $750 per fiscal year.]

6 Educational Assistance Authorized; Minimum Requirements. Amend RSA 110-B:63-c, III to read as follows:

III. Have first utilized any post-September 11, 2001 tuition benefit[,] and other federally funded military tuition assistance[, and national guard scholarship grants]. Montgomery GI bill benefits, post-September 11, 2001 educational program housing, allowance, federal educational entitlements, national guard scholarship grants, and other non-tuition benefits shall be excluded from consideration when determining eligibility for a tuition waiver under this section.

7 Pay and Allowances. Amend RSA 110-B:37, IV to read as follows:

IV.[(a)] In addition to the pay authorized under paragraphs I and III of this section, any state employee who is a member of a reserve or the national guard and who is called to full-time active duty by the President of the United States, under the authority of the governor, or under the authority of another governor who participates in the Emergency Management Assistance Compact, shall, for the duration of such full-time active duty, be entitled to special leave with partial pay and continuation of benefits as follows:

[(1)](a) Partial pay shall be the difference between the employee’s regular state compensation and the employee’s full-time military basic pay and allowances, if the full-time military basic pay and allowances total less than the regular state pay.

[(2)] (b) Continuation of health and dental insurance benefits for which the employee and/or the employee’s legal dependents are otherwise eligible but for the employee’s special leave; provided, however, that in the event of a deployment for which federal health and dental benefits are provided, the federal health and dental benefits shall be primary for the employee.

[(3)] (c) Retirement benefits shall continue to be provided in accordance with RSA 100-A and RSA 100-C.

(d) Notwithstanding any provision of this chapter to the contrary, this section does not apply to inactive duty for training or annual training.

[(b) The adjutant general shall, on a monthly basis, provide the department of administrative services with a list of all members of the national guard affected under subparagraph (a) and their respective military salaries, and other reserve units are encouraged voluntarily to provide the same information.]

8 Effective Date. This act shall take effect 60 days after its passage.