HB 407 - AS INTRODUCED
2015 SESSION
09/04
HOUSE BILL 407
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. Burt, Hills 39; Rep. Gionet, Graf 5; Rep. Spang, Straf 6; Rep. C. McGuire, Merr 29; Rep. Fromuth, Hills 7; Rep. Lachance, Hills 8; Rep. Abramson, Rock 20; Rep. Sylvia, Belk 6; Rep. Theberge, Coos 3
COMMITTEE: Municipal and County Government
This bill prohibits state agencies and political subdivisions of the state except for the state guard from acquiring military-equipped vehicles or equipment which are not readily available in an open national 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0012
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
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 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. Concord saw a petition signed by 1,500 resident to not acquire one of these BearCat type armored trucks and the city counsel 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 2015.
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. The adjutant general shall notify the state attorney general of a violation of this paragraph. 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.