HB117 (2021) Detail

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


CHAPTER 18

HB 117 - FINAL VERSION

 

 

2021 SESSION

21-0053

04/11

 

HOUSE BILL 117

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0053

04/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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:

 

18:1  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.]  

18:2  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 United States 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.

18:3  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.

 

18:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 06, 2021

Effective Date: July 05, 2021

Links

HB117 at GenCourtMobile
HB117 Discussion

Action Dates

Date Body Type
Jan. 29, 2021 House Hearing
Feb. 5, 2021 House Exec Session
Feb. 12, 2021 House Exec Session
House Floor Vote
March 24, 2021 Senate Hearing
April 8, 2021 Senate Floor Vote

Bill Text Revisions

HB117 Revision: 32454 Date: May 6, 2021, 2:45 p.m.
HB117 Revision: 32329 Date: April 8, 2021, 12:13 p.m.
HB117 Revision: 31418 Date: Jan. 4, 2021, 1:40 p.m.

Docket


May 6, 2021: Signed by Governor Sununu 05/06/2021; Chapter 18; Eff: 07/05/2021


April 22, 2021: Enrolled RC 24Y-0N, MA, (In recess of 04/22/2021); SJ 13


April 9, 2021: Enrolled (in recess of) 04/09/2021 HJ 7 P. 101


April 9, 2021: Enrolled (in recess of) 04/09/2021


April 22, 2021: Enrolled RC 24Y-0N, MA, (In recess of 04/22/2021); SJ 13


April 8, 2021: Ought to Pass: RC 23Y-1N, MA; OT3rdg; 04/08/2021; SJ 11


April 8, 2021: Committee Report: Ought to Pass, 04/08/2021; Vote 5-0; CC; SC 18


March 24, 2021: Remote Hearing: 03/24/2021, 09:00 am; Links to join the hearing can be found in the Senate Calendar; SC 16


March 4, 2021: Introduced 03/04/2021 and Referred to Executive Departments and Administration; SJ 7


Feb. 24, 2021: Ought to Pass: MA VV 02/24/2021 HJ 3 P. 17


: Committee Report: Ought to Pass (Vote 19-0; CC) HC 12 P. 12


Feb. 12, 2021: Executive Session: 02/12/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93009507127


Feb. 5, 2021: Executive Session: 02/05/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93691497982 (if not voted on Jan. 29th)


Jan. 29, 2021: Public Hearing: 01/29/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95866113093 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to State-Federal Relations and Veterans Affairs HJ 2 P. 35


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to State-Federal Relations and Veterans Affairs