SB 472-FN - AS INTRODUCED
2016 SESSION
\t16-2709
\t08/04
SENATE BILL\t472-FN
AN ACT\trelative to the acquisition and use of certain equipment by state and local law enforcement agencies.
SPONSORS:\tSen. Cataldo, Dist 6
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill requires law enforcement agencies to report to the department of safety when such agencies acquire certain equipment through a military equipment surplus program operated by the federal government.
\tThis bill also requires the department of safety to keep a public list of all such equipment in the state.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2709
\t08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the acquisition and use of certain equipment by state and local law enforcement agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Acquisition and Use of Certain Equipment by Law Enforcement. Amend RSA 21-P by inserting after section 15-c the following new section:
\t21-P:15-d Acquisition and Use of Certain Equipment by Law Enforcement.
\t\tI. The department of safety shall maintain a publicly accessible website containing the following information:
\t\t\t(a) A description of property obtained by law enforcement agencies through a military equipment surplus program operated by the federal government, including any property obtained by the law enforcement agency before the effective date of this section;
\t\t\t(b) During any 30-day notice period required by paragraph IV, the name of the law enforcement agency that issued the required notice and a description of the property the law enforcement agency is seeking to acquire; and
\t\t\t(c) The information required pursuant to paragraph V.
\t\tII. Each year on July 1, the department of safety shall post a link on its website to a list of property obtained by law enforcement agencies after July 1, 2016 from the military equipment surplus program operated by the federal government.
\t\tIII. A law enforcement agency shall not receive the following property from a military equipment surplus program operated by the federal government:
\t\t\t(a) Automatic weapons not generally recognized for law enforcement purposes;
\t\t\t(b) Drones that are armored, weaponized, or both;
\t\t\t(c) Aircraft that:
\t\t\t\t(1) Are combat configured or combat coded; or
\t\t\t\t(2) Have no established commercial flight application;
\t\t\t(d) Grenades or similar explosives, including but not limited to flash-bang grenades, stun grenades, and grenade launchers;
\t\t\t(e) Silencers;
\t\t\t(f) Long-range acoustic devices; or
\t\t\t(g) Tanks or tank-like vehicles.
\t\tIV. Thirty days before acquiring property through a military equipment surplus program operated by the federal government a local law enforcement agency shall:
\t\t\t(a) Publish a notice of the request on a publicly accessible website; and
\t\t\t(b) Post a notice at several prominent locations in the law enforcement agency's jurisdiction.
\t\tV. If a law enforcement agency receives property from a military equipment surplus program operated by the federal government, the law enforcement agency shall submit to the department of safety:
\t\t\t(a) A declaration that the law enforcement agency has the personnel and technical capacity, including training, to operate the property;
\t\t\t(b) An explanation of how the law enforcement agency expects to use the property;
\t\t\t(c) A declaration explaining that if the law enforcement agency determines that the property is surplus to the agency's needs, the agency will return the property to the department of defense or otherwise decommission the property; and
\t\t\t(d) A declaration that before acquiring the property, the law enforcement agency notified the local community as required under paragraph IV
\t\tVI. The department of safety shall investigate allegations that a law enforcement agency failed to comply with the provisions of this section or any other local or state procurement procedure. If the department finds the law enforcement agency failed to comply with this section or any other local or state procurement procedure, the department shall confiscate the property and either return the property to the department of defense or ensure that the property is decommissioned.
\t\tVII. A law enforcement agency that owns or receives property from a military equipment surplus program operated by the federal government shall:
\t\t\t(a) Within 6 months of July 1, 2016, inventory the property it has in its possession and report to the department of safety about the number, type, and use of the property;
\t\t\t(b) By May 20 of each year, report to the department of safety any changes to the inventory made after the initial report required by paragraph V during the 12 month period beginning on April 1 of the previous year and ending on March 31 of the current year; and
\t\t\t(c) Provide any information required by the department of safety to maintain the website established pursuant to paragraph I
\t2 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2709
\t\t\t\t\t\t\t\t\t\t\t1/5/16
SB 472-FN- FISCAL NOTE
AN ACT\trelative to the acquisition and use of certain equipment by state and local law enforcement agencies.
FISCAL IMPACT:
The Department of Safety, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill, as introduced, may increase state, county, and local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on state, county, and local revenue.
METHODOLOGY:
The Department of Safety states this bill requires law enforcement agencies to report to the Department when they acquire certain equipment through a military equipment surplus program operated by the federal government and also requires the Department to maintain an online public list of all such equipment in the State. The Department states the fiscal impact of this bill is indeterminable as it cannot assess all resources needed, above current staffing levels, to meet its requirements. The Department states it would most likely require a specialist I position (labor grade 19) to properly manage the program along with existing staff. The Department estimates costs of this position, including salary, benefits, and other costs, to total $68,000 in FY 2017, $67,000 in FY 2018, $71,000 in FY 2019, and $74,000 in FY 2020.
The New Hampshire Association of Counties and New Hampshire Municipal Association state this bill may increase county and local expenditures to the extent it establishes a reporting requirement for law enforcement agencies. It is unknown how many or which county and local law enforcement agencies would experience an increase in its expenditures as a result of this bill.
This bill does not provide authorization or appropriations for new positions.