HB 343-FN – AS INTRODUCED

2011 SESSION

11-0079

09/04

HOUSE BILL 343-FN

AN ACT establishing a permanent state defense force.

SPONSORS: Rep. Itse, Rock 9; Rep. Baldasaro, Rock 3; Rep. Welch, Rock 8; Rep. Kingsbury, Belk 4

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a permanent state defense force.

This bill also removes the exemption from RSA 541-A for regulations and proclamations issued relative to the state guard.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0079

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT establishing a permanent state defense force.

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

1 Finding. The general court finds that a large portion of the New Hampshire national guard has been and is on active duty outside the boundaries of the state and, therefore, finds it prudent to heed the recommendation from the Department of Homeland Security to establish a permanent state defense force by revising the militia statutes relative to the state guard.

2 Authority. Amend RSA 111:1 to read as follows:

111:1 Authority.

I. [Whenever any part of the New Hampshire national guard is in the active service of the United States,] The governor [is hereby authorized to] shall organize and maintain within this state [during such period], under such regulations as the Department of Defense of the United States may prescribe for discipline in training, and otherwise in general conformity with existing law, regulations, rules, and practices pertaining to the national guard, [such] military forces [as he may deem necessary] to defend this state from invasion, rebellion, disaster, insurrection, riot, breach of the peace or imminent danger thereof, or to maintain the organized militia.

II. The governor [may] shall authorize and require the adjutant general’s department to maintain a cadre of officers and enlisted personnel on a standby basis to prepare and maintain a roster of available personnel and to plan for an active state guard [in the event of the mobilization of all or a part of the New Hampshire national guard. The provisions of RSA 541-A shall not apply to any regulations or proclamations issued pursuant to RSA 111]. The purpose of the state guard shall be the defense of the state: to coordinate the resources of the state and interface between the state and the national guard in time of emergency or natural disaster and to defend the state against invasion.

3 Composition. Amend RSA 111:2 to read as follows:

111:2 Composition.

I. Such military forces shall be composed of commissioned officers and such able-bodied citizens of the state as shall volunteer for service therein, [supplemented, if necessary, by the unorganized militia enrolled by draft and subject to military duty as provided by RSA 110-B] and, in addition to active units, may include inactive and reserve components as defined in this section. No person shall be appointed or enlisted in the state guard who is a member of any other military force of the United States or the state of New Hampshire, or who has any service obligation to any of the armed forces of the United States, except that a retired military member may be appointed or enlisted in the state guard, if otherwise qualified.

II. The active state guard shall be comprised of those active reserve state guard members called into actual service by the governor of the state.

III. The active reserve state guard shall be comprised of those citizens of the state who volunteer for service in the active reserve state guard. Active service in the state guard shall be for a period of one year and members shall be subject to such discipline as is determined by the adjutant general of the state.

IV.(a) The inactive reserve state guard shall be comprised of all able-bodied residents of the state who are 18 years of age or older, who are, or have declared their intention to become, citizens of the United States, and who are not serving in the national guard or the active reserve state guard or exempt under subparagraph (b) unless such exempt person volunteers to serve in the inactive reserve state guard. Inactive reserve state guard members may participate in any training provided for the active reserve state guard. Inactive reserve state guard members may hold commissions up to the rank of captain without specific assignment having held equivalent or higher rank in the armed forces of the United States of America or the New Hampshire national guard, or if their training or education qualifies them for such rank, provided that their time in grade shall always be inferior to those of equal rank in the active reserve state guard. Members of the inactive reserve state guard may volunteer for service in an actual emergency for such period or periods of time as their circumstances will allow.

(b)(1) The following persons shall be exempt from inclusion in the inactive reserve state guard:

(A) Elected or appointed officials of the government of the United States of America;

(B) Elected or appointed officials of the government of the state of New Hampshire;

(C) An employee of the state of New Hampshire;

(D) Elected or appointed officials of a political subdivision of the state of New Hampshire and employees of a political subdivision of the state of New Hampshire;

(E) A physician, nurse, medical technician, or a critical employee of an energy, communication, or food supply company designated as such by the company;

(F) Any person who is disqualified under part 1, article 13 of the New Hampshire constitution; and

(G) Any person who is disabled.

(2) Exemption shall not prevent any person from volunteering for the inactive reserve state guard in such capacity as his or her circumstances allow.

4 Pay and Allowances. RSA 111:7 is repealed and reenacted to read as follows:

111:7 Pay and Allowances. RSA 110-B:37 and any other provisions of RSA 110-B which relate to pay shall not apply to the state guard. Members of the state guard shall receive no pay or other form of compensation from the state.

5 Equipment. RSA 111:8 is repealed and reenacted to read as follows:

111:8 Equipment. The state shall not be required to supply equipment or uniforms to the state guard. The state may supply equipment or uniforms to the state guard which is considered surplus or obsolete by the national guard or which is donated by a service organization. The state guard may apply for grants and donations to pay for equipment and supplies. The state guard may also apply to the armed forces of the United States of America for surplus equipment.

6 New Section; Administration. Amend RSA 111 by inserting after section 8 the following new section:

111:8-a Administration. The field staff and regimental commanders of the state guard shall administer the training and records of the state guard.

7 Acceptance of Gifts Prohibited. Amend RSA 111:23 to read as follows:

111:23 Acceptance of Gifts Prohibited. The acceptance of gifts, donations, gratuities, or anything of value by [the state guard or by] any individual member of [such forces] the state guard from any individual, firm, association, or corporation, by reason of such membership is prohibited. Violation of this section may be cause for dishonorable discharge from further service as a member of the state guard.

8 Repeal. RSA 110-B:1, IV, relative to the unorganized militia, is repealed.

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

LBAO

11-0079

Revised 01/31/11

HB 343 FISCAL NOTE

AN ACT establishing a permanent state defense force.

FISCAL IMPACT:

The Adjutant Generals Department states this bill will increase state general fund expenditures by $480,118 in FY 2012, $512,612 in FY 2013, $529,969 in FY 2014 and $560,528 in FY 2015. This bill will have no fiscal impact on state, county, and local revenues or county and local expenditures.

METHODOLOGY:

The Adjutant Generals Department states this bill establishes a permanent state defense force. The Department states the bill does not specify the size of the force. The Department states it does not have the space to house or train an additional cadre of officers and enlisted personnel nor would it be able to absorb any additional expenditures associated with the permanent state defense force. The Department estimates it will need to add at least five administrative positions (one program specialist and four program assistants) as a result of creating a permanent state defense force. The Department assumes the program specialist at a labor grade 25, step 8 max, and the program assistants at a labor grade 15, step 4 in order to hire individuals at the level of expertise that would be needed. The costs are as follows:

FY 2012

FY 2013

FY 2014

FY 2015

One Program Specialist (LG 25, max)

$60,567

$60,567

$60,567

$60,567

Benefits

27,755

29,347

31,141

33,125

Four Program Assistants (LG 16, step 5)

140,160

151,400

157,560

164,348

Benefits

91,636

99,298

107,700

116,988

Current expense

55,000

65,000

65,000

75,000

Equipment

8,000

10,000

10,000

10,000

Leased Office Space

90,000

95,000

96,000

98,000

Travel

2,000

2,000

2,000

2,000

Total

$475,118

$512,612

$529,968

$560,028

This bill does not contain an appropriation or authority for additional positions.