SB 482-FN - VERSION ADOPTED BY BOTH BODIES
2024 SESSION
24-2897
11/05
SENATE BILL 482-FN
AN ACT relative to National Guard and Staff Judge Advocate access to criminal history records.
SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Rep. Moffett, Merr. 4
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill gives the New Hampshire Air National Guard, Army National Guard, and 157 Air Refueling Wing Offices of the Staff Judge Advocate access to criminal history records, criminal investigation records, and court records of New Hampshire National Guard employees and service members for the limited purpose of carrying out the office’s responsibilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2897
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to National Guard and Staff Judge Advocate access to criminal history records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Department of Military Affairs and Veterans Services; National Guard and Staff Judge Advocate Document Access. Amend RSA 110-B by inserting after section 110-B:19 the following new section:
110-B:19-a National Guard and Staff Judge Advocate; Access to Criminal History Records. The New Hampshire Air National Guard, New Hampshire Army National Guard, and 157 Air Refueling Wing Offices of the Staff Judge Advocate shall be granted access to all confidential criminal history records, criminal investigation documentation, and public court records of New Hampshire National Guard employees and service members for the purpose of carrying out the office’s responsibilities and the respective attorneys’ duties under state, federal, and military law and regulations.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2897
11/27/23
SB 482-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to National Guard and Staff Judge Advocate access to criminal history records.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Revenue Fund(s) | Criminal Records Fund
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | Federal Fund expense
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill gives the New Hampshire Air National Guard, Army National Guard, and 157 air refueling wing offices of the staff judge advocate access to criminal history records, criminal investigation records, and court records of New Hampshire National Guard employees and service members for the limited purpose of carrying out the office’s responsibilities.
The Department of Safety currently charges $25 per record. The Department does not have information on how many records would be disseminated under this proposal and cannot estimate how much additional revenue would be gained. The Department indicates, if the intent is to allow access to the FBI records, the expense to the Department of Safety is $13.25 for each record disseminated and this cost should be passed onto the Army National Guard.
The Department of Military Affairs and Veterans Services indicates this bill would have no impact state expenditures as any fees would be paid directly by the federal government.
The Judicial Branch states this bill would have no impact on the Branch's expenditures or revenues.
AGENCIES CONTACTED:
Departments of Safety, Military Affairs and Veterans Services and Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2024 | Senate | Hearing |
| Feb. 8, 2024 | Senate | Floor Vote |
| March 20, 2024 | House | Hearing |
| March 20, 2024 | House | Hearing |
| March 29, 2024 | House | Exec Session |
| March 29, 2024 | House | Floor Vote |
April 11, 2024: Ought to Pass: MA VV 04/11/2024 HJ 11
April 3, 2024: Committee Report: Ought to Pass 03/29/2024 (Vote 20-0; CC) HC 14 P. 5
March 21, 2024: Executive Session: 03/29/2024 01:30 pm LOB 202-204
March 13, 2024: Public Hearing: 03/20/2024 10:30 am LOB 202-204
March 11, 2024: Public Hearing: 03/20/2024 09:30 am LOB 202-204
March 2, 2024: Introduced (in recess of) 02/22/2024 and referred to Criminal Justice and Public Safety
Feb. 8, 2024: Ought to Pass: MA, VV; OT3rdg; 02/08/2024; SJ 3
Feb. 1, 2024: Committee Report: Ought to Pass, 02/08/2024; Vote 5-0; CC; SC 6
Jan. 10, 2024: Hearing: 01/31/2024, Room 103, SH, 09:45 am; SC 3
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Executive Departments and Administration; SC 3