Bill Text: NH HB1431 | 2018 | Regular Session | Introduced

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Bill Title: Prohibiting the state and political subdivisions from acquiring military-equipped vehicles or equipment which are not readily available in an open national commercial market.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2018-02-08 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/08/2018 House Journal 3 P. 11 [HB1431 Detail]

Download: New_Hampshire-2018-HB1431-Introduced.html

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HB 1431 - AS INTRODUCED

 

 

2018 SESSION

18-2013

06/03

 

HOUSE BILL 1431

 

AN ACT prohibiting the state and political subdivisions from acquiring military-equipped vehicles or equipment which are not readily available in an open national commercial market.

 

SPONSORS: Rep. Hoell, Merr. 23; Rep. Ferreira, Hills. 28; Rep. Itse, Rock. 10; Rep. Wallace, Rock. 33; Rep. Ammon, Hills. 40; Rep. Verville, Rock. 2; Rep. Zaricki, Hills. 6; Rep. Theberge, Coos 3

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill prohibits the state and its political subdivisions from acquiring military-equipped vehicles that are not available in an open commercial market.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2013

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT prohibiting the state and political subdivisions from acquiring military-equipped vehicles or equipment which are not readily available in an open national commercial market.

 

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

 

1  Findings.  The New Hampshire general court finds that:

I.  The military equipment supplied under the United States Defense Logistics Agency 1033 program, which was reinstated in August, 2017, is becoming more frequent and more militaristic in nature.

II.  Members of Congress have stated that the American government “has incentivized the militarization of local police precincts and helped municipal governments build what are essentially small armies.”

III.  Since the inception of the 1033 program, New Hampshire counties, cities, and towns have received over $6,000,000 in military hardware, including almost 400 military grade rifles, an armored truck, and a grenade launcher.

IV.  New Hampshire has received grants to purchase several BearCat type armored personal carriers priced at $265,000 that are not included in the above totals.

V.  The city of Concord received a petition signed by 1,500 residents to not acquire one of these BearCat type armored trucks, yet the city council approved the acquisition.

VI.  New Hampshire cities and towns are required to repair and maintain this additional military grade hardware that consumes limited town and city funds that are needed for other functions.

2  Title.  This act shall be known as the PEACE act (Police Equipment and Community Engagement Act) of 2018.

3  The State Guard; Military Vehicles and Equipment.  Amend RSA 111:8 to read as follows:

111:8  Equipment and Supplies; Other Governmental Purchases Prohibited.   I.  For the use of the state guard, the adjutant general, with the approval of the governor and council, is hereby authorized to purchase such equipment and supplies as may be necessary for the purposes of this chapter; and the governor is hereby authorized to requisition, as free issues or loans, or, if necessary, to purchase outright, from the Department of Defense, such arms, equipment, supplies, and ammunition as may be in the possession of and can be spared by the United States government.

II.  Except as provided in paragraph I, no state agency or political subdivision of this state shall acquire, purchase, or otherwise accept for use any military-equipped vehicle or military grade hardware, including but not limited to armored personnel carriers, Title II weapons, unmanned aerial vehicles, or unmanned ground vehicles, unless such military grade vehicle or hardware is readily available in an open national commercial market.  Any military-equipped vehicle or military grade hardware acquired in violation hereof shall be forfeited.

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