HB1420 (2020) Detail

Relative to the use of force at New Hampshire national guard facilities.


HB 1420 - AS AMENDED BY THE HOUSE

 

19Feb2020... 0091h

2020 SESSION

20-2273

01/04

 

HOUSE BILL 1420

 

AN ACT relative to the use of force at New Hampshire national guard facilities.

 

SPONSORS: Rep. Graham, Hills. 7; Sen. Giuda, Dist 2

 

COMMITTEE: State-Federal Relations and Veterans Affairs

 

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ANALYSIS

 

This bill clarifies the use of force at New Hampshire national guard facilities.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0091h

20-2273

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the use of force at New Hampshire national guard facilities.

 

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

 

1  The Militia; National Guard Facilities.  Amend RSA 110-B:28, I to read as follows:

I.  All armories, arsenals, camps, ranges, bases, airports, and other facilities owned, leased, licensed, or maintained by the state or by the United States for the use of the New Hampshire national guard and all activities conducted therein shall be under the general charge, control of, and regulated by the adjutant general and no political subdivision of the state shall interfere with or regulate such activities.  The adjutant general may use the means necessary and required, including the arming of trained personnel, to protect, guard, secure and defend and maintain all such facilities.  [Use of force by any member of the New Hampshire national guard in duty status, shall be in accordance with the applicable Department of Defense, United States Army, and United States Air Force directives and instructions on rules of engagement and use of force.  If mission specific rules of engagement are issued, the specific rules shall be followed, to the degree they deviate from the existing rules, for as long as military members are carrying out duties related to the mission for which the specific rules were issued.]  

2  New Section; The Militia; Rules for the Use of Force.  Amend RSA 110-B by inserting after section 28 the following new section:

110-B:28-a  Rules for the Use of Force.  Use of force by personnel, to include state employees and contractor personnel while conducting security functions at National Guard Facilities; and any employee and member of the New Hampshire National Guard, in a duty status, shall be in accordance with adjutant general issued guidance and procedures, which, except for mission specific rules for the use of force, shall be consistent with applicable Department of Defense, Chairman of the Joint Chiefs of Staff, United States Army, or United States Air Force unclassified directives and instructions on the standing rules for use of force.

3  The Militia; Trespassers and Disturbers; Camp Regulations.  Amend RSA 110-B:68, II to read as follows:

II.  The adjutant general or commanding officer of any armory, arsenal, camp, range, base, or other facility of the New Hampshire national guard, or any place where any unit is performing military duty, has the authority to limit access and activities in that place.  This includes the authority to take action necessary to protect, guard, secure, and defend the armory, arsenal, camp, range, base, or other facility in accordance with RSA 110-B:28 and RSA 110-B:28-a.

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

Links

HB1420 at GenCourtMobile
HB1420 Discussion

Action Dates

Date Body Type
Jan. 15, 2020 House Hearing
Jan. 29, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1420 Revision: 8163 Date: Feb. 19, 2020, 1:42 p.m.
HB1420 Revision: 7059 Date: Dec. 3, 2019, 8:54 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to State-Federal Relations and Veterans Affairs HJ 1 P. 21
Jan. 15, 2020 Public Hearing: 01/15/2020 10:30 am LOB 206
Jan. 29, 2020 Executive Session: 01/29/2020 02:45 pm LOB 206
Committee Report: Ought to Pass with Amendment # 2020-0091h (Vote 14-0; CC)
Feb. 19, 2020 Committee Report: Ought to Pass with Amendment # 2020-0091h for 02/19/2020 (Vote 14-0; CC) HC 7 P. 14
Feb. 19, 2020 Amendment # 2020-0091h: AA VV 02/19/2020 HJ 4 P. 23
Feb. 19, 2020 Ought to Pass with Amendment 2020-0091h: MA VV 02/19/2020 HJ 4 P. 23
March 11, 2020 Introduced 03/11/2020 and Referred to Executive Departments and Administration; SJ 7
June 16, 2020 Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8