Revision: Jan. 30, 2017, 12:06 p.m.
HB 212-FN-LOCAL - AS INTRODUCED
2017 SESSION
17-0188
08/10
HOUSE BILL 212-FN-LOCAL
AN ACT relative to police attendance at public meetings and functions.
SPONSORS: Rep. Steven Smith, Sull. 11
COMMITTEE: Municipal and County Government
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This bill expands the type of public functions for which a person may request a police detail.
This bill also allows police officers from other counties or state agencies to serve as such detail.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0188
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to police attendance at public meetings and functions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Police Attendance at Public Meetings or Functions. Amend RSA 105:9 and RSA 105:9-a to read as follows:
105:9 Police Attendance at Public Meetings or Functions.
I. Any person desiring to conduct a public [dance, circus or carnival] meeting or function which may potentially involve traffic-related problems, lead to a public disturbance or public nuisance, or endanger the public health, safety, or welfare shall [make application for] apply to the chief of police in the city or town in which the public meeting or function is to occur for police attendance at that function. Any person who conducts a public [dance, circus, or carnival] meeting or function without first making application for police attendance at that function is guilty of a violation.
II. The chief of police in any city or town, subject to the written approval of the mayor and board of aldermen, board of selectmen, or licensing board shall examine applications for police attendance at [public dances, circuses and carnivals] public meetings or functions and determine if such attendance is necessary. If the chief of police decides police attendance is necessary, he or she shall detail one or more police officers to attend [whose services shall be paid for by the applicant] the public meeting or function.
III. [The chief of police shall have the authority to assign police details to attend any public meetings or functions which he determines may potentially:
(a) Involve traffic-related problems; or
(b) Lead to a public disturbance or public nuisance; or
(c) Endanger public health, safety or welfare.
III-a.] The applicant or sponsor of any public meeting or function may be charged for the services of any police officers that may be detailed or assigned to that meeting or function, unless charges authorized by this section for the services of a police officer are waived by the chief of police when in his or her judgment such authorization does not conflict with an existing local ordinance or policy.
IV. The chief of police, the police department, and any city, town, or political subdivision shall not be held liable for any decision not to detail police officers to attend any public meeting or function.
105:9-a Employing Police. The chief of police in any city or town may, in order to meet the requirements set forth in RSA 105:9, employ certified police officers of any other town, any county, or any state agency in this state to preserve order among the persons attending any public meeting or function. Such officers shall have the powers there which they have in the towns, counties, or state agencies for which they are appointed, and their services shall be paid for by the sponsor of the public meeting or function.
2 Effective Date. This act shall take effect 60 days after its passage.
17-0188
12/14/16
HB 212-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT relative to police attendance at public meetings and functions.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill expands the type of public functions for which a person must request a police detail and allows police officers from counties or state agencies to serve as such detail.
The police chief has the discretion to determine if such detail is necessary and if the applicant will be responsible for the costs of the detail.
The Department of Safety indicates the financial impact is unable to be determined. There is no way of knowing the total amount of granted applications for public meetings or functions applied for statewide and how many of those events would prompt a request for assistance of the State Police. Currently State Police have the statutory authority to act and enforce laws in the event a request is made by a chief of police. The State Police determine the level of response and resources needed. There would be no definitive way to determine a cost of any particular response or circumstance. Length of assignment, on duty vs. overtime costs, and pay scale and rank all factor into cost for any response, making expenditures indeterminable.
The New Hampshire Association of Counties states there could be a fiscal impact based on the requirement that Sheriff's deputies be required to provide services at the expense of the county. Charges for services could provide an indeterminable revenue for the counties.
The New Hampshire Municipal Association states there is no way of knowing how often such events would occur and how often police attendance would be necessary, making it impossible to determine the potential increase in municipal expenditures. If the applicant is charged for the cost of providing the detail, it is possible that increased municipal expenditures would be offset by revenues in equal amounts. However, charging the applicant is in the discretion of the police chief. Even if all costs are paid by the applicant, increased pay for police officers may eventually result in increased retirement benefits for those officers. Any increases in retirement benefits will cause an increase in expenses of the NewHampshire Retirement System, which will be borne by all municipalities that are members of the system.
AGENCIES CONTACTED:
Department of Safety, New Hampshire Association of Counties, and New Hampshire Municipal
Association