Bill Text: NH HB399 | 2013 | Regular Session | Amended


Bill Title: Establishing the New Hampshire liberty act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-23 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; [HB399 Detail]

Download: New_Hampshire-2013-HB399-Amended.html

HB 399-FN – AS AMENDED BY THE HOUSE

13Mar2013… 0717h

27Mar2013… 1030h

2013 SESSION

13-0324

05/04

HOUSE BILL 399-FN

AN ACT establishing the New Hampshire liberty act.

SPONSORS: Rep. Itse, Rock 10

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This bill establishes the New Hampshire liberty act. The bill prohibits the state from supporting or implementing 2 sections of the National Defense Authorization Act for Fiscal Year 2012, pertaining to the authority of the United States armed services to detain persons suspected of terrorism.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Mar2013… 0717h

27Mar2013… 1030h

13-0324

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT establishing the New Hampshire liberty act.

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

1 Findings.

I. The legislature finds that the enactment into law by the United States Congress of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, Public Law Number 112-81, is inimical to the liberty, security, and well-being of the people of New Hampshire, and was adopted by the United States Congress in violation of the limits of federal power in United States Constitution.

II. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, are violative of the following rights enshrined in the Constitution of the United States of America:

(a) Article I, Section 9, Clause 2’s right to seek writ of habeas corpus;

(b) The First Amendment’s right to petition the government for a redress of grievances;

(c) The Fourth Amendment’s right to be free from unreasonable searches and seizures;

(d) The Fifth Amendment’s right to be free from charge for an infamous or capital crime until presentment or indictment by a grand jury;

(e) The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law;

(f) The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime shall have been committed;

(g) The Sixth Amendment’s right to be informed of the nature and cause of the accusation;

(h) The Sixth Amendment’s right to confront witnesses;

(i) The Sixth Amendment’s right to counsel;

(j) The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment; and

(k) The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without due process of law.

III. The legislature finds that, together, Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012, as they purport to authorize (i) detainment of persons captured within the United States of America without charge, (ii) military tribunals for persons captured within the United States of America, and (iii) the transfer of persons captured within the United States of America to foreign jurisdictions, violate the following Articles of the Constitution of New Hampshire:

(a) Part I, Article 7, which provides: the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled; and

(b) Part I, Article 10, which provides: government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government.

2 New Chapter; New Hampshire Liberty Act. Amend RSA by inserting after chapter 646-A the following new chapter:

CHAPTER 646-B

NEW HAMPSHIRE LIBERTY ACT

646-B:1 Support of National Defense Authorization Act Prohibited. The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.

3 Lawsuit Challenging the National Defense Authorization Act for Fiscal Year 2012. The general court urges the attorney general to initiate or support any lawsuit challenging the constitutionality of the detainment provisions of the National Defense Authorization Act for Fiscal Year 2012.

4 Effective Date. This act shall take effect upon its passage.

LBAO

13-0324

Revised 03/28/13

Amended 03/18/13

HB 399 FISCAL NOTE

AN ACT establishing the New Hampshire liberty act.

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as amended by the House (Amendments #2013-0717h and #2013-1030h), as it is awaiting information from the Judicial Branch, Department of Justice, New Hampshire Association of Counties, Department of Corrections, and the Judicial Council. When completed, the fiscal note will be forwarded to the House Clerk's Office.

feedback