SB636 (2020) Detail

Authorizing the commissioner of safety to appoint security officers at department facilities.


SB 636-FN - AS AMENDED BY THE SENATE

 

03/05/2020   0627s

2020 SESSION

20-2928

05/04

 

SENATE BILL 636-FN

 

AN ACT authorizing the commissioner of safety to appoint security officers at department facilities.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Carson, Dist 14; Rep. Weyler, Rock. 13; Rep. Hennessey, Graf. 1

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill authorizes the commissioner of safety to appoint security officers to protect department of safety facilities and employees.

 

The bill is a request of the department of safety.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0627s 20-2928

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT authorizing the commissioner of safety to appoint security officers at department facilities.

 

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

 

1  New Paragraph; Department of Safety; Duties of Commissioner; Authority to Appoint Security Officers.  Amend RSA 21-P:4 by inserting after paragraph XVI the following new paragraph:

XVII.(a)  Have discretion to grant to security officers assigned to protect one or more department facilities and grounds such powers as the commissioner deems necessary to quell disturbances, including the power to detain, for up to 2 hours, persons who are creating a disturbance or whom they have reasonable grounds to believe have committed any offense under the laws of the state.  In this paragraph, a "disturbance" means behavior or actions that disrupt the orderly conduct of business in a department facility, including bitter exchanges, vulgarities, or abusive, offensive, or insulting comments that impede the orderly disposition of an administrative due process hearing, and any acts of violence or intimidation.

(b)  A security officer who has detained a person shall, as soon as practicable, surrender the person to a state trooper, deputy sheriff, or local police officer having jurisdiction in the geographical area where the detention occurred.  Any detention shall be accomplished in a reasonable manner and shall not exceed 2 hours.  

(c)  Each security officer employed on or after the effective date of this paragraph shall be required to pass a criminal history check, a background investigation, and a psychological evaluation approved by the commissioner, a physical examination by a licensed physician at the department's expense, and an initial training program approved by the commissioner and annual refresher training.  The security officer shall serve a one-year term, at the pleasure of the commissioner, and shall be issued such equipment and weapons as the commissioner designates, subsequent to formal training in their usage and periodic retraining.  The security officer shall serve in business attire with a suitable badge or other identification or in a distinctive uniform, as determined by the commissioner.  

(d)  A security officer shall submit a written report regarding any detention, use of physical force, or taking into custody of any person to the commissioner, or the commissioner's designee, and to the division of state police.  The division of state police shall be responsible for any court prosecution arising from such incident.

2  New Section; Authority of Department of Safety Security Officers.  Amend RSA 21-P by inserting after section 7-c the following new section:

21-P:7-d  Authority of Department of Safety Security Officers.

I.  The commissioner may appoint department of safety security officers for the purpose of keeping the peace at department facilities and grounds and protecting department employees.  The security officers shall be under the immediate control of, and be responsible to the commissioner or the commissioner's designee.  Security officers shall have the authority of an ex officio constable and possess such limited police powers and authority as are granted to them by the commissioner pursuant to RSA 21-P:4, XVII.  The security officers shall be entitled to the same statutory indemnification regarding their official acts as other state officials and employees.

II.  Whenever a security officer detains an individual, the security officer shall surrender the person to a state trooper, deputy sheriff, or local police officer having jurisdiction in the geographical area where the detention occurred.

III.  Security officer staff shall be considered a law enforcement agency for purposes of receiving and exchanging criminal justice information and motor vehicle record information with the division of state police, the division of motor vehicles, the division of homeland security and emergency management, and other law enforcement agencies and officials.

IV.  Security officers shall not be required to meet all of the physical, training and educational requirements of RSA 106-L:6, but may attend and participate in training programs at the police standards and training council and, upon successfully completing such programs, shall receive the same academic credits or certifications as other peace officers attending such programs.

V.  Security officers who were certified police officers prior to appointment to the security staff may retain or regain their police certification while serving as sworn department of safety security officers upon completing such remedial or updated continuing education and other requirements as the police standards and training council may require.

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

 

LBAO

20-2928

Amended 3/10/20

 

SB 636-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-0627s)

 

AN ACT authorizing the commissioner of safety to appoint security officers at department facilities.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill authorizes the commissioner of the safety to appoint safety security officers at Department of Safety buildings.  To the extent the commissioner appoints officers, there would be an increase in salary, benefit, and other costs related to the positions.  As this bill provides no appropriation, any expenditures would be against existing Department appropriations or appropriations in future state budgets (or other legislation).

 

AGENCIES CONTACTED:

Department of Safety and Department of Administrative Services

 

Links

SB636 at GenCourtMobile
SB636 Discussion

Action Dates

Date Body Type
Jan. 22, 2020 Senate Hearing
Senate Floor Vote
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB636 Revision: 8205 Date: April 3, 2020, 9:55 a.m.
SB636 Revision: 7940 Date: Jan. 14, 2020, 12:47 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Executive Departments and Administration; SJ 2
Jan. 22, 2020 Hearing: 01/22/2020, Room 101, LOB, 09:00 am; SC 3
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0627s, 03/05/2020; Vote 5-0; CC; SC 9
Committee Report: Ought to Pass with Amendment # 2020-0627s; Vote 5-0; CC
March 5, 2020 Committee Amendment # 2020-0627s, AA, VV; 03/05/2020; SJ 5
March 5, 2020 Ought to Pass with Amendment 2020-0627s, MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Criminal Justice and Public Safety HJ 8 P. 227
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 2
Died on Table