Revision: April 14, 2022, 11:32 a.m.
HB 1505-FN - VERSION ADOPTED BY BOTH BODIES
16Feb2022... 0115h
2022 SESSION
22-2791
07/04
HOUSE BILL 1505-FN
SPONSORS: Rep. Roy, Rock. 32; Rep. Baldasaro, Rock. 5
COMMITTEE: State-Federal Relations and Veterans Affairs
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ANALYSIS
This bill establishes concurrent jurisdiction in juvenile matters pertaining to the lands located within the boundaries of the former Pease Air Force Base and provides for coordination with the military family advocacy program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Feb2022... 0115h 22-2791
07/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Pease Development Authority; Coordination Between State and Federal Governments; Governor's Retrocession of Jurisdiction. Amend RSA 12-G:12 by inserting after paragraph IV the following new paragraph:
V. The governor may accept from the appropriate federal authority on behalf of the state, retrocession of full or partial jurisdiction over any land provided for under law. Documents concerning such retrocession shall be filed in the office of the secretary of state and recorded in a like manner as the original land acquisition by the United States.
2 Pease Development Authority; Reservation of Local Authority; Concurrent Jurisdiction Established. Amend RSA 12-G:41 to read as follows:
12-G:41 Reservation of Local Authority. All towns and cities within the confines of which there are ports, harbors, or navigable tide rivers of the state which are subject to the jurisdiction of the authority, or the division acting on behalf of the authority, shall retain all the powers of such town or city relative to such ports, harbors, and navigable tide rivers and the lands abutting the same, excluding lands located within the boundaries of the former Pease Air Force Base, so long as the authority has not by positive action or definite rule or regulation preempted the jurisdiction hereof. No town or city shall have any jurisdiction over the land or activities at the former Pease Air Force Base except as specifically authorized under other provisions of this chapter, provided, however, that in and over all such lands, jurisdiction of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or a United States attorney.
3 New Section; Child Protection Act; Coordination with Military Authorities. Amend RSA 169-C by inserting after section 34-a the following new section:
169-C:34-b Coordination with Military Authorities.
I. If a report is screened-in for investigation of abuse or neglect, the department shall collect information concerning the military status of the parent or guardian of the child who is the subject of the report and shall share information about the allegation with the appropriate military authorities.
II. Notwithstanding any other provision of law, the department shall enter into a memorandum of understanding with the military family advocacy program of a military installation with respect to child abuse and neglect investigations. For the purposes of this section, "military family advocacy program" shall mean the program established by the United States Department of Defense to address child abuse and neglect in military families. Such memorandum of understanding shall establish procedures and protocols for:
(a) Identifying an individual alleged to have committed abuse or neglect as military personnel;
(b) Reporting to a military family advocacy program when an investigation implicating military personnel has been initiated; and
(c) Maintaining confidentiality requirements under state and federal law.
4 Effective Date. This act shall take effect 180 days after its passage.
22-2791
11/23/21
HB 1505-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Federal Funds | |||
METHODOLOGY:
This bill amends state laws governing the Pease Development Authority (RSA 12-G) and the Child Protection Act (RSA 169-C) by (1) providing federal authorities with primary jurisdiction over federal offenses committed by juveniles on the former Pease Air Force Base unless such jurisdiction is waived; (2) requiring the Department of Health and Human Services to coordinate and share information with the appropriate military authority if there is a founded allegation of abuse or neglect; and (3) requiring the Department to enter into a memorandum of understanding with military authorities to provide notice of the initiation of investigations implicating military personnel.
With respect to (1), the Department anticipates that the impact on the volume of juvenile justice cases will be minimal and have no fiscal impact. With respect to (2) and (3), the Department is unable to estimate the number of cases that may be affected by the revised process, or the extent of any impact on state expenditures.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Department of Health and Human Services