TITLE VIII
PUBLIC DEFENSE AND VETERANS' AFFAIRS

CHAPTER 110-B
DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES

Section 110-B:1

    110-B:1 Department of Military Affairs and Veterans Services. –
I. The department shall consist of the militia which shall include the army national guard, air national guard, the inactive national guard, the state guard, and the unorganized militia, and veterans services which shall include the division of veterans services, the state veterans cemetery, the division of community based military programs, the veterans council, and the military leadership team.
II. The department shall be led by an adjutant general who shall be the commissioner of the department of military affairs and veterans services.
III. The department may receive, on behalf of the state, all donations and bequests made to promote the welfare of military service members, veterans, and their families.

Source. 2019, 273:2, eff. Sept. 17, 2019.

Section 110-B:1-a

    110-B:1-a Composition of the Militia. –
I. The militia shall be divided into 3 classes, namely the national guard, the state guard, and the unorganized militia.
II. The national guard shall consist of an army national guard, an air national guard, and an inactive national guard. As used in this chapter, the term "national guard" shall mean and refer to the army national guard and the air national guard unless otherwise indicated.
III. The state guard shall consist of those persons serving in accordance with the provisions of RSA 111.
IV. The unorganized militia shall consist 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 state guard.
V. When authorized by the laws and regulations of the United States, there shall be an additional section of the state guard to be known as the New Hampshire naval militia.

Source. 1981, 434:1. RSA 110-B:1. 1985, 144:1, eff. July 19, 1985. 2019, 273:2, eff. Sept. 17, 2019.

Section 110-B:2

    110-B:2 Commander-in-Chief; Regulations. – The governor shall be the commander-in-chief of the militia and is hereby authorized to issue regulations for the organization and government thereof. Such regulations shall have the same force and effect as the provisions of this chapter, but they shall conform to the laws and regulations of the United States relating to the organization, discipline, and training of the militia, to the provisions of this chapter and, as nearly as practicable, to the laws and regulations governing the army and air force of the United States. The regulations in force at the time of the passage of this chapter shall remain in force until new regulations are issued.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:3

    110-B:3 Registration and Draft of Unorganized Militia. –
I. Whenever it shall be deemed necessary, the governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as the governor may prescribe in regulations issued pursuant to this chapter.
II. Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to maintain the national guard at the number required for public safety or prescribed by the laws of the United States, the governor may call for and accept from the unorganized militia as many volunteers as are required for service in the national guard, or the governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the national guard.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:4

    110-B:4 Notice of Draft; Order. –
I. Notice of the draft shall be by proclamation or otherwise, as the governor shall deem proper; and the selection of draft classes for ablebodied persons 18 years of age or older shall be by lot, all in conformity with such regulations as the governor shall promulgate.
II. The draft shall be made from such classes as specified by the regulations issued under paragraph I. For purposes of such a draft the term "able bodied" shall, unless otherwise specified by regulation, mean those persons who are without a functional disability, medical or psychological, that would reasonably prevent them from performing state military service.
III. Any member of the unorganized militia who is ordered to register or to be drafted into the national guard or the state guard under the provisions of this chapter and who fails to appear at the time and place designated in such order shall be guilty of a misdemeanor.

Source. 1981, 434:1. 1985, 144:2, eff. July 19, 1985.

Section 110-B:5

    110-B:5 Militia Call by the United States. – When the militia of the state is called forth under the constitution and laws of the United States, the governor shall order out for service the national guard or such part thereof as may be necessary; and if the number available be insufficient, the governor may call for and accept from the unorganized militia as many volunteers as are required for service in the national guard, or the governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the national guard.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:6


See Emergency Order #34 (NH LEGIS E.O. 2020-34-Emerg. (2020, 2034:1.)) and Emergency Order #36 (NH LEGIS E.O. 2020-36-Emerg. (2020, 2036:1.)) as amended by Emergency Order #53 (NH LEGIS E.O. 2020-53-Emerg. (2020, 2053:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    110-B:6 Ordering National Guard Into Active State Service. – The governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, resistance to process of this state, or imminent danger thereof, or for the safety of the inhabitants of the state, to order into the active service of the state for such period, to such extent, and in such manner as the governor may deem necessary, all or any part of the national guard. Such power shall include the power to order the national guard or any part thereof to function under the operational control of the United States army, navy or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack. The governor shall also permit paid and unpaid training and other state duty under such regulations as prescribed by the adjutant general.

Source. 1981, 434:1. 1985, 25:1, eff. May 31, 1985.

Section 110-B:6-a

    110-B:6-a Active State Service; Required Health Coverage. –
I. National Guard members ordered to or retained on state active duty for longer than 30 days who do not have other health care coverage shall elect TRICARE coverage. The state shall pay the TRICARE premiums, up to a maximum of 100 percent of the service member's share of the premium for the period of state active duty to include the whole month in which the state active duty ends.
II. The governor is hereby authorized to draw a warrant for sums sufficient to pay for premiums paid under this section out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated.

Source. 2007, 369:1, eff. Sept. 15, 2007.

Section 110-B:7

    110-B:7 Military Staff of the Governor. –
I. The military staff of the governor shall consist of the adjutant general who shall be the chief of staff and 12 aides-de-camp. Four shall be detailed from the national guard and 4 others shall be appointed from the reserve components of the armed forces of the United States. The remaining 4 may be appointed from officers or former officers of the United States army, navy, marine corps, coast guard or air force, or of the national guard or of the various officers' reserves components or from civilian life.
II. Officers detailed from the national guard shall retain their existing rank and shall remain subject to duty except as their services may be required by the governor as staff members. Officers or enlisted persons or former officers or enlisted persons appointed from the army, navy, air force, marine corps, coast guard, or the various military reserve corps, shall be of the rank held or last held by them in these organizations; except that, if the rank last held by a former member of the army, marine corps or air force is lower than major, such former member shall be commissioned in the rank of major; and that, if the rank last held by a former member of the navy or coast guard is lower than lieutenant-commander, such former member shall be commissioned in the rank of lieutenant-commander. Except as provided above, civilians appointed to the military staff of the governor shall be commissioned in the rank of major or its naval equivalent but shall not thereby be exempted from military duties. The 12 aides-de-camp shall hold office during the pleasure and not exceeding the term of office of the governor appointing them.
III. As soon as may be after each state general election, the governor-elect shall submit to the governor and council the names of those persons not then officers of the militia whom the governor-elect shall wish to appoint to the military staff; and it shall thereupon be the duty of the governor and council to commission such nominees as officers of the militia in the appropriate rank as prescribed in this section. Such commission shall take effect on the day the governor-elect takes office.
IV. The military staff of the governor shall perform such ceremonial functions and duties as the governor may prescribe.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:8

    110-B:8 The Adjutant General. –
I. The adjutant general shall be appointed as provided in the constitution and the tenure of office shall be until the officer has reached the age of 65 years. At the time of appointment, the adjutant general shall have had not less than 5 years of service as a member of the New Hampshire national guard, immediately preceding that appointment, shall have attained at least the rank of colonel and shall be eligible for federal recognition by the department of defense as a brigadier general. After one year as a brigadier general, the adjutant general may be appointed to the rank of major general. The adjutant general's salary shall be prescribed by law.
II. The adjutant general shall be the chief of staff to the governor and shall be the executive head of the department of military affairs and veterans services. The adjutant general may perform any act authorized by this chapter or by the regulations issued pursuant thereto through or with the aid of such officers of the national guard or other personnel as the adjutant general may designate. The adjutant general shall exercise and perform all powers, functions and duties which are or may be imposed by the laws and regulations of the United States. It shall be the duty of the adjutant general to direct the planning and employment of the forces of the national guard in carrying out their state military mission; to establish unified command of state forces whenever they shall be jointly engaged; to submit such written reports to the governor as the governor may prescribe; and to perform such other duties as the governor may direct. Whenever the governor and those who would act in succession to the governor under the constitution and laws of the state shall be unable to perform the duties of commander-in-chief, the adjutant general shall command the militia.
III. The adjutant general is authorized and empowered, subject to the approval of the governor and council, to contract with any person or private or public agency to provide group life or disability insurance coverage for members of the national guard, while on active state duty, within the limits of appropriations made for the national guard.
IV. The adjutant general shall advocate for and promote the welfare of military service members, veterans, and their families. The adjutant general shall enhance, coordinate, and oversee the benefits and services offered by organizations within the state of New Hampshire and direct veterans to appropriate benefits and services offered by such organizations. The department of military affairs and veterans services shall serve as a clearinghouse for research, data, and analysis, to initiate and support public education and awareness campaigns. The adjutant general shall serve as a liaison between the federal government and the governor on issues relevant to the department's mission, and represent the department at various state and national conventions, conferences, and public functions and provide supervision to the department public relations program.

Source. 1981, 434:1. 1983, 276:1. 1995, 12:1, eff. June 11, 1995. 2019, 273:3, eff. Sept. 17, 2019.

Section 110-B:8-a

    110-B:8-a Rulemaking. – All military and departmental regulations adopted under this chapter shall be exempt from the requirements of RSA 541-A.

Source. 1985, 1:1. 2002, 248:6, eff. May 17, 2002.

Section 110-B:8-b

    110-B:8-b Deputy Adjutant General. –
The deputy adjutant general shall be appointed as provided in the constitution and the tenure of office shall be for 4 years or until the officer has reached the age of 65 years. At the time of appointment, the deputy adjutant general shall have had at least 5 years of service as a member of the New Hampshire national guard or United States armed forces, preceding the appointment and shall have at least attained the rank of major. The deputy adjutant general's salary shall be prescribed by law. The deputy adjutant general shall:
I. Assume full responsibility for the department of military affairs and veterans services in the absence of the adjutant general.
II. Assist the adjutant general to implement the department's duties and responsibilities.
III. Serve as principal liaison to senior military officials, various state and federal officials, the legislature, local governments, and community groups.
IV. Provide overall guidance and direction for state operations including business administration, facilities management, division of veterans services, the division of community based military programs, and the state veterans cemetery.

Source. 1998, 81:2, eff. July 1, 1998. 2019, 273:4, eff. Sept. 17, 2019.

Section 110-B:9

    110-B:9 Staff for the National Guard. – There shall be under the adjutant general one assistant adjutant general who shall be director of the army national guard and one assistant adjutant general who shall be director of the air national guard, both of whom shall have at least the rank of brigadier general. Under the adjutant general, there shall also be a staff for the national guard. The staff shall consist of such officers as shall be designated in permanent orders and shall perform such functions and duties as the adjutant general may prescribe.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:10

    110-B:10 Emergency Purchases for the National Guard. – Notwithstanding any other provision of law to the contrary, in emergencies, the adjutant general may purchase such necessities as are required for the immediate use and care of any command of the national guard; and the governor shall draw his warrant for the necessary sums from any funds not otherwise appropriated.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:11

    110-B:11 State Retired List. –
I. Any commissioned officer or warrant officer of the national guard who is retired by reason of age or otherwise shall be transferred to the state retired list by the governor.
II. Upon the recommendation of the adjutant general, the governor may order any person on the state retired list to active duty for the purpose of serving on military courts or boards or performing staff duty in or with the national guard, and, in time of emergency, to perform any military duty. In any such case, the person so ordered shall rank in his grade from the date of such order.
III. Time spent on the state retired list shall not be credited in the computation of seniority, pay, length of service for promotion, or otherwise, or any of the privileges and exemptions pertaining thereto; except that, time served on active duty by order of the governor shall be so credited.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:12

    110-B:12 Service Without the State. – The governor may order the national guard or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools. The provisions of this chapter shall apply to members of the national guard while serving outside the state and while going to and returning from such service outside the state in like manner and to the same extent as while serving within the state.

Source. 1981, 434:1, eff. Aug. 22, 1981.

The National Guard

Section 110-B:13

    110-B:13 Army National Guard. – The army national guard shall comprise the army units which are a part of the New Hampshire national guard at the time of the enactment of this chapter and such other army units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein. When authorized by the laws and regulations of the United States, such personnel may include females.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:14

    110-B:14 Air National Guard. – The air national guard shall comprise the air units which are a part of the New Hampshire national guard at the time of the enactment of this chapter and such other air units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein. Any aviation units of the army national guard shall not be considered air units within the meaning of this chapter. When authorized by the laws and regulations of the United States, such personnel may include females.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:15

    110-B:15 Organization and Training. –
I. The national guard shall be organized, armed, disciplined, governed, administered and trained as prescribed by the laws of the United States and by this chapter and the regulations issued thereunder.
II. Unless the same shall be furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges and other facilities and shall maintain the same for units of the army national guard and of the air national guard allotted to the state under the laws of the United States, accepted by the governor and organized under the authority of this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:16

    110-B:16 Assemblies, Annual Training and Other Duty. –
I. Members and units of the national guard shall assemble for drill or other equivalent training, instruction or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences or other similar duties as may be prescribed by the laws of the United States and of the state and the regulations issued thereunder.
II. Within the amount appropriated therefor, the adjutant general may prescribe and order the number of days, if any, for assemblies for drills or other equivalent training, instructions or duties to be performed annually by members of the national guard for which they may receive pay.
III. Within the amount appropriated therefor, the adjutant general may prescribe and order the number of days, if any, of field training, encampments, maneuvers, schools, conferences or other similar duties to be performed by members of the national guard for which they may receive pay and allowances.
IV. Members of the national guard may be ordered by the governor or under his authority to perform special duty, including duty in a judicial proceeding conducted pursuant to this chapter or as a member of or in any other capacity with any military board or as an investigating officer or as a medical examiner or as a judge advocate in the performance of legal services in any suit, action or proceeding. In all cases where a member of the national guard judge advocate staff serves as lead counsel in a New Hampshire state court, such counsel shall be a member of the New Hampshire Bar Association.

Source. 1981, 434:1. 2012, 188:2, eff. June 11, 2012.

Section 110-B:17

    110-B:17 Organization of Units. – The governor shall conform the organization of the New Hampshire national guard, including the composition of all units thereof, to the organization of national guard units prescribed by the laws of the United States and the regulations issued thereunder. For that purpose, the governor is authorized to organize, reorganize or disband any unit, headquarters or staff therein, to increase or decrease the number of commissioned officers, warrant officers, and non-commissioned officers of any grade therein, and to increase or decrease the strength of the New Hampshire national guard.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:18

    110-B:18 Inactive National Guard. – The inactive national guard shall consist of the persons commissioned, appointed or enlisted therein at the time of the enactment of this chapter, such officers and enlisted persons as may be hereafter transferred thereto from the army national guard and the air national guard, and such persons as may be enlisted therein under the laws of the United States and the regulations issued thereunder.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:19

    110-B:19 Credit for Active Federal Service. – For all purposes under this chapter, members of the national guard who entered the active military service of the United States in time of war or under a call, order or draft by the president or who hereafter enter such service under like conditions or who enter and serve on active duty in the military service of the United States in time of peace and who thereafter return to the military service of the state shall be entitled to credit for time so served as if such service had been rendered to the state.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Officers, Warrant Officers and Enlisted Personnel

Section 110-B:20

    110-B:20 Qualifications of Officers, Warrant Officers and Enlisted Personnel. –
I. No person shall be appointed or promoted as a commissioned officer or warrant officer of the national guard unless such person shall have passed such examination as to his physical, moral and professional qualifications as may be prescribed by this chapter and the regulations issued thereunder.
II. Any person who has been dismissed or dishonorably discharged from the organized militia of this or any other state or from the armed forces of the United States and has not been restored to duty, or any commissioned officer or warrant officer who was discharged from the national guard as a result of the findings of an efficiency examining board or whose resignation from the national guard was accepted by the governor at a time when such officer was under arrest or under charges for the commission of an offense involving moral turpitude or punishable by a court-martial, shall not be eligible for appointment as a commissioned officer or warrant officer in the national guard.
III. Every commissioned officer or warrant officer shall take and subscribe the oaths of office prescribed for officers of the national guard by the laws of this state.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:21

    110-B:21 Examining Boards. –
I. The efficiency, moral character and general fitness for retention in the national guard of any commissioned officer or warrant officer may be investigated and determined by an efficiency examining board. Such board shall, whenever practicable, be composed of officers senior in rank to the officer under investigation.
II. The physical fitness for further service of any commissioned officer or warrant officer in the national guard may be investigated and determined by a medical examining board of officers.
III. Efficiency and medical examining boards shall be appointed by the governor upon the recommendation of the adjutant general.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:22

    110-B:22 Powers and Procedure. – Efficiency and medical examining boards appointed by the governor are hereby vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable laws of the United States and the state and the regulations issued thereunder. Any officer ordered to appear before such board shall be allowed to appear in person or represented by counsel, to cross-examine witnesses and to call witnesses in his or her behalf. The individual shall be allowed full access to records pertinent to the case and shall be furnished with copies of the same. Failure to obey an order to appear before such examining board shall be sufficient ground for a finding by the board that the officer or warrant officer be discharged. If the findings of such board are unfavorable to an officer and are approved under the applicable statutes and regulations of the United States, if approval be thereby required, the governor, if he approves the findings of the board, shall relieve the officer from duty and shall give the individual a discharge in such form as may be appropriate; provided that, if the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the state retired list in accordance with this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:23

    110-B:23 Loss of Commission, Dismissal. – The commission of any officer or warrant officer absent without leave for 3 months may be vacated by the governor upon the recommendation of the adjutant general. An officer who shall have been absent without leave for a period of 6 months or more shall be dismissed by the governor.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:24

    110-B:24 Resignation. – An officer or warrant officer of the national guard may tender a resignation of office at any time. If the resignation is accepted, the officer shall receive an honorable discharge; but, if the officer tendering the resignation shall be under arrest or if charges have been preferred for the commission of an offense involving moral turpitude or punishable by court-martial, the individual may be given a discharge in such form as may be prescribed by regulations.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:25

    110-B:25 Enlistment in the National Guard. – The qualifications for enlistment and re-enlistment, the periods of enlistment, re-enlistment and voluntary extension of enlistment, the period of service, the form of contract to be executed, the oath to be taken, and the manner and form of transfer and discharge of enlisted personnel of the national guard shall be those prescribed by the applicable laws of the United States and of this state and by the regulations issued thereunder.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:26

    110-B:26 Non-Commissioned Officer. – All non-commissioned officers of the national guard shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers shall be designated in regulations issued pursuant to this chapter. The appointment of a non-commissioned officer may be terminated as prescribed by regulations issued pursuant to this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:27

    110-B:27 Discharge of Enlisted Persons. –
I. An enlisted person may be discharged from the national guard prior to the expiration of his term of enlistment under such conditions as may be prescribed by applicable laws of the United States and of this state and by regulations issued thereunder.
II. An enlisted person discharged from the national guard shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws of the United States and of this state and by regulations issued thereunder.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Public Property

Section 110-B:28

    110-B:28 National Guard Facilities. –
I. All armories, arsenals, camps, ranges, bases, airports, and other facilities owned, leased, licensed, or maintained by the state or by the United States for the use of the New Hampshire national guard and all activities conducted therein shall be under the general charge, control of, and regulated by the adjutant general and no political subdivision of the state shall interfere with or regulate such activities. The adjutant general may use the means necessary and required, including the arming of trained personnel, to protect, guard, secure and defend and maintain all such facilities. Use of force by any member of the New Hampshire national guard in duty status, shall be in accordance with the applicable Department of Defense, United States Army, and United States Air Force directives and instructions on rules of engagement and use of force. If mission specific rules of engagement are issued, the specific rules shall be followed, to the degree they deviate from the existing rules, for as long as military members are carrying out duties related to the mission for which the specific rules were issued.
II. Unless the same shall be furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges, and other facilities and shall maintain the same for units of the army national guard and of the air national guard allotted to the state under the laws of the United States, accepted by the governor and organized under the authority of this chapter.
III. The adjutant general may designate an officer to be in direct charge of each armory, arsenal, camp, base, or other facility.
IV. (a) The adjutant general may cooperate with and enter into contracts or agreements with the federal government, or any agency thereof, as he or she deems desirable to secure the participation of the United States government, through the allotment of federal funds, in the costs of constructing, enlarging, or altering armories, the state veterans cemetery, or other military facilities. The adjutant general may contract with the federal government to perform construction for building renovations or site improvements to existing state-owned facilities or land, subject to the approval of the capital budget overview committee established in RSA 17-J. Any affected municipalities shall receive notice at least 14 days prior to the capital budget overview committee meeting at which such projects are slated to be approved. Such federally contracted and completely federally funded projects shall either:
(1) Within 90 days prior to the end of the federal fiscal year, be designed and ready for bidding; or
(2) Where such project design is incomplete and not ready for bid, a contract may be entered into within 210 days prior to the end of the federal fiscal year.
(b) The adjutant general may adopt procedures relative to this section to ensure the best interest of the federal and state of New Hampshire governments and the national guard, including notice procedures that simultaneously provide project details to all interested parties.
V. Any military facilities which are the responsibility of the state shall be accepted by the adjutant general, after the approval of the governor and council in accordance with the provisions of RSA 4:29.
VI. For purposes of morale and unit cohesiveness and to assist in esprit de corps, units may have a social club composed of members located within national guard facilities. Any such club shall be subject to regulations issued by the adjutant general, shall be under the control of the assistant adjutant general for the air or army national guard, and shall be licensed and subject to inspection by the New Hampshire state liquor commission.

Source. 1981, 434:1. 1985, 25:2. 1986, 228:2. 2002, 248:7, eff. May 17, 2002. 2013, 255:1, eff. Sept. 22, 2013.

Section 110-B:29

    110-B:29 Use of Armories or Other National Guard Facilities. –
I. All New Hampshire national guard facilities shall be primarily for the military duty, instruction, and training of the national and state guard and for the storage and maintenance of military property. Other use of national guard facilities may be authorized by the adjutant general and shall be governed by rules and regulations promulgated under this section.
II. Rental fees for the use of national guard facilities shall be fixed by the adjutant general and shall be declared as revenue and paid to the adjutant general subject to the provisions of RSA 110-B:61.

Source. 1981, 434:1. 2002, 248:8, eff. May 17, 2002.

Section 110-B:30

    110-B:30 Repealed by 2002, 248:12, I, eff. May 17, 2002. –

Section 110-B:31

    110-B:31 Repealed by 2002, 248:12, II, eff. May 17, 2002. –

Section 110-B:32

    110-B:32 Repealed by 2002, 248:12, III, eff. May 17, 2002. –

Section 110-B:32-a

    110-B:32-a New Hampshire National Guard Training Center Funds. –
I. For the purpose of supporting morale and maintaining training abilities, 2 funds are created. Both funds shall be nonlapsing interest bearing funds.
II. One fund shall be known as the chargeable transient quarters (QTC) and billeting fund. Revenue for this fund shall be non-appropriated funds obtained from the proceeds of room service charges at the army national guard state training center. These funds shall be used for non-appropriated fund services at the state training center. Funds will be released for their stated purpose at the discretion of the adjutant general.
III. The second fund shall be known as the army national guard state training center program management fund, into which operating costs billed to and collected from non-army national guard users shall be deposited. This fund shall be used to supplement federal funds provided to manage and operate the army national guard state training center. Funds may be released for their stated purpose at the discretion of the adjutant general.

Source. 2002, 248:9, eff. May 17, 2002.

Supplies and Equipment

Section 110-B:33

    110-B:33 Issue of Military Property. – The adjutant general shall issue such military property as may be prescribed by regulations. Obsolete ordinance property belonging to the state may be issued by the adjutant general with the approval of the governor to municipalities and to educational, patriotic and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:34

    110-B:34 Storage and Accountability for Property. –
I. When not in use, all public property received by commanding officers and officers in charge shall be kept and stored in the armories or other military facilities provided for that purpose.
II. Commanding officers and officers in charge shall render such reports with respect to such property as shall be required in regulations issued in accordance with this chapter.
III. Every officer in charge of an armory shall be personally responsible for the care and maintenance thereof; and every officer in charge and every officer shall be personally responsible for all public property in his custody. No such officer shall be relieved of such responsibility, except that the adjutant general, upon satisfactory proof of the proper expenditure of such property or the unavoidable loss or destruction thereof, may relieve such officer from such responsibility.
IV. If in the adjutant general's judgment the same shall be necessary to protect the interests of the state, the adjutant general with the approval of the governor may direct that any or all of the officers in charge of armories, or commanding officers, shall be required to give bond with respect to the public property in his or their custody. Such bond shall be in such form as the adjutant general shall prescribe. The premium thereon shall be paid from the appropriation for the adjutant general's department. Provided, however, that the adjutant general may obtain an adequate indemnity bond covering all or any of such officers; in which case, the officers so covered shall not be required to furnish individual bonds as hereinabove provided.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:35

    110-B:35 Responsibility for Public Property. –
I. Public property of the state and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed and disposed of as provided in applicable laws of the United States, regulations issued thereunder and regulations issued pursuant to this chapter.
II. When public property is lost, damaged or destroyed through the negligence or fault of a member of the national guard, the amount determined as the value of such property or the cost of repairing the same may be collected from any pay or allowance due or to become due the member from the state.
III. An action may be maintained by the state in any court having jurisdiction thereof by the attorney general upon the request of the adjutant general to recover from a member or former member of the national guard found responsible for public property lost, damaged or destroyed through his negligence or fault the amount determined as the value of such property or the cost of repairing the same.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:36

    110-B:36 Insurance. – The adjutant general is authorized to effect such insurance upon property of the United States, in the hands of the state for the use of the national guard, as may be deemed advisable. The governor, with the advice and consent of the council, is authorized to draw a warrant upon any money in the treasury available for military purposes, or not otherwise appropriated, for such sums as may be necessary to carry out the provisions of this section.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Pay and Allowances; State Active Duty Death Benefit

Section 110-B:37

    110-B:37 Pay and Allowances. –
I. For each calendar day's service when ordered into the active service of the state, each commissioned officer, warrant officer, non-commissioned officer and enlisted person of the national guard shall be paid at the same rate of pay and allowances as that designated in the pay tables of the armed forces of the United States for officers, warrant officers, non-commissioned officers and enlisted persons of corresponding rank and grade and length of service; except that no person called to active state service shall receive less than the current federal per diem rate.
II. Members of the national guard shall not receive from state funds the pay provided for in paragraphs I and III to the extent such pay is paid from federal funds.
III. Notwithstanding any other provisions of this chapter to the contrary, members of the national guard may with their consent perform without pay any type of military duty authorized by this chapter pursuant to orders issued by competent military authority, provided that necessary traveling expenses, subsistence and per diem allowances may be furnished such members within the discretion of the adjutant general and within the appropriation made therefor.
IV. In addition to the pay authorized under paragraphs I and III of this section, any state employee who is a member of a reserve or the national guard and who is called to full-time active duty by the President of the United States, under the authority of the governor, or under the authority of another governor who participates in the Emergency Management Assistance Compact, shall, for the duration of such full-time active duty, be entitled to special leave with partial pay and continuation of benefits as follows:
(a) Partial pay shall be the difference between the employee's regular state compensation and the employee's full-time military basic pay and allowances, if the full-time military basic pay and allowances total less than the regular state pay.
(b) Continuation of health and dental insurance benefits for which the employee and/or the employee's legal dependents are otherwise eligible but for the employee's special leave; provided, however, that in the event of a deployment for which federal health and dental benefits are provided, the federal health and dental benefits shall be primary for the employee.
(c) Retirement benefits shall continue to be provided in accordance with RSA 100-A and RSA 100-C.
(d) Notwithstanding any provision of this chapter to the contrary, this section does not apply to inactive duty for training or annual training.
(e) Upon the employee's return to state employment after active duty service, he or she may use up to 15 days of his or her available annual leave balance prior to reporting back to work.

Source. 1981, 434:1. 2006, 272:1. 2007, 132:1. 2008, 88:1. 2010, 176:2, eff. Aug. 17, 2010. 2013, 255:7, eff. Sept. 22, 2013. 2014, 118:2, eff. Aug. 15, 2014.

Section 110-B:37-a

    110-B:37-a State Active Duty Death Benefit. – There is established a death benefit in the amount of $100,000 for each activated New Hampshire army national guard or New Hampshire air national guard member who dies while on state active duty or as the result of injuries incurred on state active duty. This death benefit shall be paid by the adjutant general, with the approval of the fiscal committee of the general court, on the warrant of the governor, out of any money in the treasury not otherwise appropriated.

Source. 2006, 138:3, eff. May 22, 2006.

Section 110-B:38

    110-B:38 Uniform Allowance for Officers. –
I. Every commissioned officer and warrant officer of the national guard shall provide himself with a complete uniform.
II. Every officer and warrant officer so uniformed and in the service on June 1 each year shall then be paid by the adjutant general $25 from the appropriation made therefor.
III. Every newly commissioned second lieutenant and newly appointed warrant officer shall be paid an initial uniform allowance of $100 from the appropriation made therefor.

Source. 1981, 434:1. 1987, 92:1, eff. July 1, 1987.

Military Justice

Section 110-B:39

    110-B:39 Military Discipline. – The system of discipline of the national guard shall conform generally to that of the armed forces of the United States, and all personnel on duty or in active state service shall be subject to the punitive and disciplinary provisions of this chapter. Trial and punishment by civil authorities shall not bar trial and punishment or dismissal from the service by court-martial for any military offense involved. Reductions in rank and pay grade for judicial punishment shall be in accordance with the provisions of the Uniform Code of Military Justice.

Source. 1981, 434:1. 1987, 144:1. 2012, 188:1, eff. June 11, 2012.

Section 110-B:40

    110-B:40 Nonjudicial Punishment. – Under such regulations as the adjutant general may prescribe, the commanding officer of any detachment, company, or higher command may, for minor offenses, impose disciplinary punishment upon officers, warrant officers, and enlisted personnel of the command without intervention of a court-martial. "Minor offenses" mean acts or omissions that are minor offenses under the punitive articles of the Manual for Courts-Martial (MCM) and under the criminal statutes of the state of New Hampshire. Whether an offense is minor depends on several factors: the nature of the offense and the circumstances surrounding its commission; the offender's age, rank, duty assignment, record, and experience; the maximum sentence imposable for the offense if tried by general court-martial, and whether the offense is a felony under state law. Ordinarily, a minor offense is an offense for which the maximum sentence imposable would not include a dishonorable discharge or confinement in excess of 5 years. The decision whether an offense is "minor" is a matter of discretion for the commander imposing nonjudicial punishment, but nonjudicial punishment for an offense other than a minor offense even though thought by the commander to be minor is not a bar to trial by court-martial for the same offense. However, the accused may show at trial that nonjudicial punishment was imposed, and if the accused does so, this fact shall be considered in determining an appropriate sentence.

Source. 1981, 434:1. 2009, 268:1, eff. Sept. 14, 2009.

Section 110-B:41

    110-B:41 Military Offenses. – The delinquencies defined in the Uniform Code of Military Justice of the United States are hereby declared to be military offenses for which an offender will be punished according to law as a court-martial may direct within the limitations imposed upon courts-martial of the national guard by the laws of the United States.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:42

    110-B:42 Preferral of Charges. – Any member of the national guard may prefer charges against any other person subject to the provisions of this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:43

    110-B:43 Apprehension. – "Apprehension" is the taking into custody of a person. Any person authorized under the regulations governing the national guard to apprehend persons subject to this chapter may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:44

    110-B:44 Arrest and Confinement. –
I. "Arrest" is the restraint of a person by an order, not imposed as punishment for an offense, directing the person to remain within certain specified limits. "Confinement" is the physical restraint of a person.
II. An enlisted person may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through another member of the national guard. A commanding officer may authorize warrant officers or non-commissioned officers to order enlisted personnel of the command or subject to the officer's authority, into arrest or confinement.
III. The officer who is subject to this chapter may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another officer. The authority to order officers into arrest or confinement may not be delegated.
IV. No person shall be ordered into arrest or confinement except for probable cause.
V. Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until the proper authority may be notified.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:45

    110-B:45 Order into Arrest. – Any person subject to RSA 110-B charged with an offense hereunder shall be ordered into arrest or confinement as circumstances may require; but, when charged only with an offense normally tried by summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or dismiss the charges and release the person.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:46

    110-B:46 Commitment. –
I. No provost marshal or commander of a guard shall refuse to receive or keep any prisoner committed to his charge by an officer of the national guard when the committing officer furnishes a statement signed by the officer of the offense charged against the prisoner.
II. Every provost marshal or commander of a guard to whose charge a prisoner is committed shall, within 24 hours after such commitment, report to the commanding officer the name of such prisoner, the offense charged and the name of the person who ordered or authorized the commitment.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:47

    110-B:47 Military Court. – The military courts of the national guard shall be courts of inquiry, general courts-martial, special courts-martial and summary courts-martial. Such courts shall be constituted like, and have cognizance of the same subjects and possess like powers except as to punishment as similar courts provided for by the laws and regulations governing the armed forces of the United States. The proceedings of courts-martial of the national guard shall follow the forms and modes of procedure prescribed for said similar courts except as expressly modified by this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:48

    110-B:48 Courts of Inquiry. – A court of inquiry to investigate any matter may be convened by the governor whether or not the persons involved have requested such investigation. Such court shall be composed of one or more officers. A court of inquiry shall, without delay, report to the governor a statement of the facts of the matter under investigation and, when required, the evidence adduced and an opinion with recommendations thereon. The procedure to be followed by such courts shall be as nearly as may be that prescribed for courts of inquiry of the armed forces of the United States, as directed by regulations issued under the authority of this chapter.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:49

    110-B:49 General Courts-Martial. – General courts-martial may be convened by orders of the president of the United States or of the governor, and such courts shall have power to impose fines not exceeding $500; to sentence to forfeiture of pay and allowances; to a reprimand; to dismissal or dishonorable discharge from the service; to reduction of non-commissioned officers to the ranks; or any 2 or more of such punishments may be combined in the sentence.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:50

    110-B:50 Special Courts-Martial. – The commanding officer of each post, camp or other place, brigade, group, regiment, detached battalion or other detached command may appoint special courts-martial for the command; but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable. Special courts-martial shall have the power to try any person subject to this chapter, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States and of this state. Such special courts-martial shall have the same powers of punishment as general courts-martial, except that fines imposed by such courts shall not exceed $300.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:51

    110-B:51 Summary Courts-Martial. – The commanding officer of each camp or other place, regiment, group, corps, detached battalion, company or other detachment of the national guard may appoint for such place or command a summary court-martial to consist of one officer who shall have power to administer oaths and to try the enlisted persons of such place or command for breaches of discipline and violations of laws governing such organizations; and said court, when satisfied of the guilt of such enlisted person, may impose fines not exceeding $100 for any single offense; may sentence non-commissioned officers to reduction to the ranks; and may sentence to forfeiture of pay and allowances. The proceedings of such courts shall be informal and the minutes thereof shall be the same as prescribed for summary courts of the armed forces of the United States.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:52

    110-B:52 Confinement in Lieu of Fine. – All courts-martial of the national guard, including summary courts-martial, shall have the power to sentence to confinement in lieu of fines authorized to be imposed; provided, that such sentences of confinement shall not exceed one day for each $10 of fine authorized.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:53

    110-B:53 Review. –
I. No sentence imposed by a general court-martial shall be ordered into execution until approved by the governor.
II. No sentence imposed by a special court-martial or by a summary court-martial shall be ordered into execution until approved by the authority appointing the court.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:54

    110-B:54 Powers of Officers. –
I. Military judges and summary court officers shall have power to issue warrants to arrest accused persons and to bring them before the courts for trial whenever such persons shall have disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue subpoenas duces tecum and to enforce by attachment attendance of witnesses and the production of books and papers and to sentence for a refusal to be sworn or to answer as provided in actions before the superior court.
II. Such officers, in addition, are authorized and empowered to issue all other process, including writs and warrants, necessary and proper to carry into full effect the powers vested in said courts.
III. The process herein authorized shall be directed to an officer qualified by the laws of this state to serve criminal process; and such process shall be in such form as may from time to time be prescribed by regulations issued under this chapter.

Source. 1981, 434:1. 1983, 276:2, eff. Aug. 17, 1983.

Section 110-B:55

    110-B:55 Execution of Sentences. –
I. Fines may be paid to a military court or to an officer executing its process. The amount of any fine imposed may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due them, until said fine is liquidated; or the same may be collected with lawful costs of collection, as in the case of executions issued in action founded upon torts. Fines shall be paid over to the state treasurer and credited to the New Hampshire national guard recruitment and retention scholarship fund under RSA 110-B:60.
II. A person sentenced to confinement or ordered held prior to or during trial may be committed by appropriate process under the hand of the military judge or summary court officer to any jail or house of correction within the state. The jailer or keeper of the jail or house of correction to which such process is directed shall receive and detain the prisoner in the same manner as if the prisoner had been sentenced by the superior court sitting in the county where such jail or house of correction is located. The adjutant general is authorized to enter into contracts with the counties for the keeping of military prisoners. Expenses shall be borne out of funds not otherwise appropriated.

Source. 1981, 434:1. 1983, 276:3. 1985, 25:3. 1987, 144:2. 2011, 30:1, eff. July 1, 2011.

Section 110-B:56

    110-B:56 Witnesses. –
I. Witnesses may be summoned before courts-martial and courts of inquiry, and they shall receive the fees allowed in the superior court. Witnesses shall be subject to the penalties for non-appearance that are prescribed in the case of witnesses before said superior court, and depositions taken according to law may be used.
II. The accused shall be entitled to subpoenas for witnesses in his behalf, and their fees shall be paid by the state.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:57

    110-B:57 Stenographer. – The convening authority of a court-martial or of a court of inquiry is authorized at his discretion, in any case, to employ a stenographer to report the proceedings of said court, who shall be paid the same as stenographers employed in the superior court, or to utilize a tape recorder to record the proceedings.

Source. 1981, 434:1. 1983, 276:4, eff. Aug. 17, 1983.

Section 110-B:58

    110-B:58 Jurisdiction; Exemption. –
I. No action or proceeding shall be prosecuted or maintained against a member of military court, or officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or execution of any sentence or on account of the imposition or collection of a fine or penalty or on account of the execution of any warrant, writ, process or mandate of a military court.
II. The jurisdiction of the courts and boards established by this chapter shall be presumed, and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any action or proceeding.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:59

    110-B:59 Short Title. – This subdivision shall be known and may be referred to in papers and other documents as "The New Hampshire Code of Military Justice".

Source. 1981, 434:1, eff. Aug. 22, 1981.

National Guard Scholarship

Section 110-B:60

    110-B:60 National Guard Scholarship Established. – For the purposes of encouraging enlistment and retention in the national guard and to provide for education benefits for members of the national guard in the state, there is hereby established a New Hampshire national guard scholarship.

Source. 1981, 434:1, eff. Aug. 22, 1981. 2013, 255:2, eff. Sept. 22, 2013. 2019, 134:5, eff. June 25, 2019.

Section 110-B:61

    110-B:61 Revenue for Scholarship Fund. – The national guard scholarship fund may consist of an annual appropriation, as determined by the general court, to be awarded by the scholarship committee under this subdivision.

Source. 1981, 434:1. 1985, 27:1, eff. June 8, 1985. 2013, 255:3, eff. Sept. 22, 2013. 2017, 156:139, eff. July 1, 2017. 2019, 23:1, eff. July 14, 2019; 134:5, eff. June 25, 2019.

Section 110-B:62

    110-B:62 Scholarship Committee. – Under such regulations as the adjutant general may prescribe, the national guard scholarship established pursuant to RSA 110-B:60 shall be administered by a scholarship committee consisting of the adjutant general or his or her designee, the commissioner of education or his or her designee, one person appointed by the governor, one member of the house of representatives committee on state-federal relations and veterans affairs appointed by the speaker of the house and one member of the senate appointed by the president of the senate. The appointed members shall serve a 2-year term and may be reappointed for an additional term. The committee shall make the final determination of the recipients of the scholarships offered in any fiscal year.

Source. 1981, 434:1, eff. Aug. 22, 1981. 2013, 255:4, eff. Sept. 22, 2013. 2019, 134:5, eff. June 25, 2019.

Section 110-B:63

    110-B:63 Eligible Recipients. –
I. The scholarships shall be awarded to members in good standing of the New Hampshire national guard for the purpose of assisting in fees, books, and tuition payments at institutions of higher learning or postsecondary education located within the state while enrolled in a degree enhancing curriculum or a non-credit professional development or certificate program that the Veterans Administration recognizes as eligible for educational assistance.
II. If for any reason an individual is dismissed from any school, curriculum, or program for academic or disciplinary reasons, the individual shall be ineligible for educational assistance under this subdivision unless the adjutant general's department reinstates eligibility.

Source. 1981, 434:1. 1983, 276:5. 1985, 27:2. 2008, 51:1, eff. July 11, 2008. 2013, 255:5, eff. Sept. 22, 2013. 2017, 13:1, eff. June 16, 2017.

Postsecondary Educational Assistance

Section 110-B:63-a

    110-B:63-a Title. – This subdivision shall be known as the New Hampshire National Guard Education Assistance Act.

Source. 1996, 237:1, eff. July 1, 1996.

Section 110-B:63-b

    110-B:63-b Definitions. –
In this subdivision:
I. "Active member" means a member of a federally-recognized unit of the New Hampshire national guard who meets the minimum requirements for satisfactory membership as defined in Department of the Army and Department of the Air Force regulations.
II. "Degree-enhancing curriculum" means a series of courses programmed to culminate in a specific degree when successfully completed.
III. "Educational assistance" means the waiver of the tuition cost of a course at a state-supported postsecondary institution.
IV. "New Hampshire national guard" means federally-recognized units of the New Hampshire national guard.
V. "Tuition" means the total semester, quarter, or classroom hour cost of instruction to the student as established by the university system board of trustees or the board of trustees of the community college system of New Hampshire.

Source. 1996, 237:1. 2007, 361:5, eff. July 17, 2007. 2020, 34:16, eff. July 28, 2020.

Section 110-B:63-c

    110-B:63-c Educational Assistance Authorized; Minimum Requirements. –
Members of the New Hampshire national guard may take courses tuition-free in state-supported postsecondary institutions. The admission of a New Hampshire national guard member shall be in accordance with the state-supported postsecondary institution's standard student admissions criteria policies and practices. In order to be eligible to receive educational assistance under this subdivision, a member of the New Hampshire national guard shall:
I. Be a sworn in active member of the New Hampshire national guard residing either in-state or out-of-state.
II. Be enrolled in a degree-enhancing curriculum in any college that is under the authority of the chancellor of the community college system of New Hampshire, or enrolled in any degree-enhancing curriculum in any college or university which is under the authority of the chancellor of the university system of New Hampshire.
III. Have first utilized any post-September 11, 2001 tuition benefit and other federally funded military tuition assistance. Montgomery GI bill benefits, post-September 11, 2001 educational program housing, allowance, federal educational entitlements, national guard scholarship grants, and other non-tuition benefits shall be excluded from consideration when determining eligibility for a tuition waiver under this section.

Source. 1996, 237:1. 2004, 6:1. 2007, 361:6. 2009, 32:1, eff. July 14, 2009. 2013, 255:6, eff. Sept. 22, 2013. 2017, 13:2, eff. June 16, 2017. 2020, 34:17, eff. July 28, 2020.

Section 110-B:63-d

    110-B:63-d Eligibility Determinations. – Eligibility for educational assistance provided by this subdivision shall be determined and monitored by the adjutant general, who shall adopt rules, pursuant to RSA 541-A, and procedures deemed by the adjutant general to be necessary to carry out and monitor the educational assistance provided by this subdivision.

Source. 1996, 237:1. 2007, 361:7, eff. July 17, 2007. 2020, 34:18, eff. July 28, 2020.

Section 110-B:63-e

    110-B:63-e Termination of Educational Assistance. –
I. Educational assistance may be terminated for the following reasons:
(a) Failure to complete the New Hampshire national guard military obligation.
(b) Failure to maintain a 90 percent rate of attendance at annual training and drill assemblies as required by the New Hampshire national guard.
(c) Nine unsatisfactory drill period performances in a calendar year while enrolled in the educational assistance program.
II. In the event the individual's service in the New Hampshire national guard is terminated or service becomes unsatisfactory while receiving educational assistance, the individual shall be required to pay for the remainder of the tuition for the course on a pro rata basis. Once terminated for the above causes, an individual shall be ineligible for any further educational assistance under this subdivision.
III. If for any reason an individual is dismissed from any school for academic or disciplinary reasons, the individual shall be ineligible for further educational assistance under this subdivision.

Source. 1996, 237:1, eff. July 1, 1996.

Section 110-B:63-f

    110-B:63-f In-State Tuition for New Hampshire National Guard Nonresidents. – Any member of the New Hampshire national guard who is an otherwise eligible out-of-state resident who cannot qualify for educational assistance under this subdivision may take such course at the in-state tuition rate.

Source. 1996, 237:1, eff. July 1, 1996. 2020, 34:19, eff. July 28, 2020.

Section 110-B:63-g

    110-B:63-g Report. – The chancellor of the university system on behalf of the university system and the chancellor of the community college system of New Hampshire on behalf of the community college system of New Hampshire shall, no later than November 1 of each year, submit a report to the speaker of the house, the senate president, and the governor detailing the number of national guard members enrolled at postsecondary institutions for the prior fiscal year under this subdivision and the specific courses or curriculum in which such members are enrolled.

Source. 1999, 211:2. 2007, 361:8, eff. July 17, 2007.

General Provisions

Section 110-B:64

    110-B:64 Administration of Oaths and Notarial Acts. –
I. All commissioned and warrant officers of the New Hampshire national guard and state guard as well as other personnel authorized to administer oaths under the laws of this state shall have the power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration. All commissioned and warrant officers of the armed forces of the United States, in addition to those named above may administer enlistment oaths to those enlisting or re-enlisting in the New Hampshire national guard.
II. All judge advocates and paralegals serving in the militia shall, by virtue of their office and service, have the general powers of a notary public as described in RSA 455 in the performance of all notarial acts to be executed by any member of the militia or United States armed forces and other persons eligible for legal assistance services by law or regulation. No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. The signature of any such person acting as a notary, together with the title of that person's office, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act. Any notarizations or acknowledgments accomplished under the authority of this chapter shall generally follow the form below but are not required to be under official seal:
I, (name of notary public), certify that the foregoing instrument was subscribed and (sworn)(affirmed) before me this (day of the month) day of (month), (year) by (name of person making statement), (Armed Forces service number/SSN), and who is known to me to be (a member of the New Hampshire national guard) (the spouse of a national guard member).

Source. 1981, 434:1. 1986, 87:4. 2002, 248:10, eff. May 17, 2002.

Section 110-B:65

    110-B:65 Discrimination Forbidden. –
I. It is hereby declared to be the policy of the state that there shall be equality of treatment and opportunity for all persons in the national guard without regard to race, creed, color, national origin, age or sex, to the full extent required by federal law or regulations.
II. No private person, corporation, partnership or unit or official of state, county or local government shall deprive members of the national guard of their employment, or deny them employment, or discriminate against them with respect to the terms and conditions of their employment, or prevent their being employed by another, or obstruct or annoy them or their employer in respect of their trade, business or employment because of their connection with the national guard, or because of their absence from business in performance of their duty as such; and no person shall dissuade any persons from enlisting in said national guard by threat of injury to them in respect of their employment, trade or business, or of other injury if they shall so enlist. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
III. Any member discriminated against shall have a private cause of action for money damages and injunctive relief against any person or entity discriminating in violation of this section. If relief is granted, the prevailing member of the national guard shall recover reasonable attorneys' fees and costs.

Source. 1981, 434:1. 1985, 25:4. 1987, 144:3, eff. July 6, 1987.

Section 110-B:66

    110-B:66 Compensation for Injuries and Illness. –
I. Any member of the national guard serving on state active duty pursuant to this chapter, within or without the state, who, while serving on state active duty, sustains an "injury" or "personal injury," as defined in RSA 281-A, shall be entitled to receive benefits pursuant to RSA 281-A.
II. Members of the national guard on state active duty who become ill or whose injuries do not fall within the definition of RSA 281-A shall receive appropriate medical attention and treatment. If the member does not have health insurance, the state shall pay the cost of necessary medical treatment during the period of state active duty. In the event that the individual has health insurance, the state shall reimburse the individual for all expenses that are the responsibility of the individual incurred in the treatment of the condition during the period of state active duty.
III. Members unable to return to their civilian employment by reason of an injury or illness that occurred on state active duty may be retained on state active duty for a period of time, which shall normally not exceed 30 days.
IV. The governor is hereby authorized to draw a warrant for sums sufficient to pay for awards made under this section out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated.

Source. 1981, 434:1. 1985, 25:5. 1994, 158:16. 2007, 231:1, eff. Aug. 24, 2007.

Section 110-B:67

    110-B:67 Right-of-Way. – The commanding officer of any unit of the national guard parading or performing any military duty in any street or highway may require any or all persons in such street or highway to yield the right-of-way to said national guard; provided that the carriage of the United States mail, the legitimate functions of the police and the progress and operations of the hospital ambulances, fire engines and fire departments shall not be unduly interfered with thereby. All others who shall hinder, delay or obstruct any unit of the national guard wherever parading or performing any military duty, or who shall attempt to do so, shall be guilty of a misdemeanor.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:68

    110-B:68 Trespassers and Disturbers; Camp Regulations. –
I. The commanding officer of any armory, arsenal, camp, range, base, or other facility of the New Hampshire national guard, or other place where military duties are being performed shall have the authority to arrest and hold under arrest during the continuance of the performance of such military duty any one who trespasses, or in any way interrupts or interferes with the performance of the duties of members of the national guard or the armed forces of the United States. This arrest authority shall extend to anyone who prevents or attempts to prevent the passage of troops of the New Hampshire national guard or of the armed forces of the United States in the performance of their military duties.
II. The adjutant general or commanding officer of any armory, arsenal, camp, range, base, or other facility of the New Hampshire national guard, or any place where any unit is performing military duty, has the authority to limit access and activities in that place. This includes the authority to take action necessary to protect, guard, secure, and defend the armory, arsenal, camp, range, base, or other facility in accordance with RSA 110-B:28.

Source. 1981, 434:1. 2002, 248:11, eff. May 17, 2002.

Section 110-B:69

    110-B:69 Medals and Decorations. – The governor shall have authority to prescribe by regulation state decorations, medals, ribbons, badges or other awards for honorable service in the national guard or for meritorious support of the national guard.

Source. 1981, 434:1. 1983, 276:9, eff. Aug. 17, 1983.

Section 110-B:70

    110-B:70 Motor Vehicles of the National Guard. – The adjutant general shall have authority to prescribe and issue, subject to the approval of the commissioner of motor vehicles, permanent number plates for use on motor vehicles issued to and used for the national guard. Said vehicles displaying said number plates shall be deemed to be properly registered under the provisions of the motor vehicle laws and may be operated upon the highways of the state without further registration or other number plates.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:71

    110-B:71 Relief, Privileges and Immunities. –
I. No officer, warrant officer or enlisted person shall be personally liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by them or by their order, while performing a military duty lawfully ordered under the provisions of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officer, warrant officer or enlisted person.
II. Members of the national guard shall, except for treason, felony or breach of the peace, be privileged from arrest and imprisonment while under orders in the active service of the state from the date of the issuing of such orders to the time when such service shall cease, or while going to, remaining at or returning from, any place at which the individual may be required to attend any military duty.
III. The reports and communications of all officers, warrant officers and members of the national guard in the line of their military duty addressed to their superiors shall be privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of the state.
IV. No persons belonging to the national guard of the state shall be arrested or detained on any civil process while going to, remaining at, or returning from any place at which they may be required to attend for any military duty.
V. Notwithstanding any other provision of this section to the contrary, any police officer may arrest or be requested by the adjutant general to arrest any member of the national guard who is absent without leave from any training assembly, drill, period of annual training or any other duty time and shall keep said member in custody for not more than 24 hours until turned over to military authority.
VI. Notwithstanding any other law, a member of the New Hampshire national guard shall be treated as a resident and citizen of the state of New Hampshire for the purpose of entitlement to benefits, privileges, and immunities provided under state law to members of the New Hampshire national guard.

Source. 1981, 434:1. 1983, 276:6. 2007, 125:1, eff. Jan. 1, 2008.

Section 110-B:72

    110-B:72 Unauthorized Wearing of Official Uniforms. – Any person who, without authority under the laws of the United States or this state, wears the uniform or a distinctive part thereof, or a uniform or a part thereof similar to the uniform of the national guard of this state, or of another state, or of the United States army, navy, marine corps, coast guard or air force, or any auxiliary thereof, shall be guilty of a misdemeanor. As used in this section the terms "uniform" or "part" or "distinctive part" of a uniform shall not include such articles of wearing apparel as shoes, socks, shirts, ties, scarves, trousers, overalls, raincoats, field jackets and headgear, from which the service buttons, insignia, or other distinctive marking have been removed.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:73

    110-B:73 Payment of Claims. – The governor and council, upon the recommendation of the adjutant general, may pay claims against the state arising out of accidents occasioned by the activities of the national guard. No claim in excess of $500 shall be paid to any one person, nor shall any claim be paid hereunder which is payable in whole or in part by the United States. Persons making claims hereunder shall file their applications with the adjutant general who shall investigate the circumstances and shall make a recommendation thereon to the governor and council. Any claims paid hereunder shall be a charge upon the appropriation therefor in the department of the adjutant general.

Source. 1981, 434:1, eff. Aug. 22, 1981.

Section 110-B:73-a


[RSA 110-B:73-a effective upon receipt of sufficient funding for positions required to carry out the purpose of this section.]
    110-B:73-a Military Skills Test Waiver Program. – The adjutant general shall take necessary steps to increase veterans' awareness of and participation in the Federal Motor Carrier Safety Administration's Military Skills Test Waiver Program. The adjutant general shall include information about the program and a link to the program's website on department's public Internet site and shall coordinate with military placement and training programs to disseminate information on the program to veterans with relevant experience newly locating in New Hampshire. For the purposes of this section, "veterans" means veterans as defined in 38 U.S.C. section 101(2).

Source. 2020, 34:8.

Section 110-B:73-b


[RSA 110-B:73-b effective upon receipt of sufficient funding for positions required to carry out the purpose of this section.]
    110-B:73-b Acceptance of Military Training and Experience in Professional Licensing; Report. – The adjutant general and the executive director of the office of professional licensure and certification shall jointly conduct a review of all state licenses for which military veterans may have relevant training or experience and identify any steps that can be taken without further legislation; develop recommendations and proposed legislation designed to increase the acceptance of military training and experience toward professional licensing; and submit a report to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house committees with jurisdiction in veterans issues and in professional licensing issues, the senate clerk, the house clerk, and the governor within one year of the effective date of this section, and annually thereafter. For the purposes of this section, "veterans" means veterans as defined in 38 U.S.C. section 101(2).

Source. 2020, 34:8.

Section 110-B:73-c


[RSA 110-B:73-c effective upon receipt of sufficient funding for positions required to carry out the purpose of this section.]
    110-B:73-c End Veterans Homelessness Program. –
I. The adjutant general, in conjunction with providers of services for veterans experiencing homelessness in New Hampshire, shall establish a program to end veterans homelessness in 3 years. The term "end veterans homelessness" shall have the same meaning as in the most recently released report by the United States Interagency Council on Homelessness. For the purposes of this section, "veterans" means veterans as defined in 38 U.S.C. section 101(2).
II. In coordination with local, state, and federal government agencies and nonprofits, and in consultation with states and cities that have achieved an end to veterans homelessness in accordance with the above criteria, the adjutant general shall develop and implement strategies including but not limited to:
(a) Coordinating a community outreach and a common assessment tool to identify veterans experiencing homelessness and assessing the types and severity of risk and vulnerability being faced by veterans experiencing homelessness.
(b) Developing a comprehensive listing of the names of veterans who are experiencing homelessness, prioritized based on degree of vulnerability.
(c) Sharing data between all relevant veterans' service providers, state agencies, nonprofit organizations, and VA medical centers.
(d) Increasing coordination and streamlining processes for appropriate veterans' housing placements.
(e) Connecting veterans experiencing homelessness to health, mental health, employment, entrepreneurship, and training resources through the services described under RSA 126-A:81, RSA 126-A:82, RSA 162-A:9-b, RSA 282-A:117-b, RSA 282-A:117-c, RSA 110-B:73-a, RSA 110-B:73-b, RSA 153-A:20, XXV, RSA 187-A:20-d, RSA 188-F:16-b, RSA 326-B:9, XIII, and RSA 328-D:10, I(j).
(f) A commitment to the principles of Housing First, as developed by the United States Interagency Council on Homelessness.
(g) Identifying and applying for funding, as needed from private, foundation, and other partners.

Source. 2020, 34:8.

New Hampshire State Veterans Cemetery

Section 110-B:74

    110-B:74 Operation and Maintenance. – The adjutant general shall administer the operation and maintenance of the New Hampshire state veterans cemetery which shall be located in Boscawen, New Hampshire.

Source. 1997, 182:1, eff. July 1, 1997.

Section 110-B:75

    110-B:75 Acceptance of Gifts. – The adjutant general may accept, on behalf of the state, conditional and unconditional gifts including grants of money, material, equipment, services, and facilities from any source, public or private, for the operation, maintenance, and improvement of the cemetery, with the concurrence of the governor in accordance with the provisions of RSA 4:8.

Source. 1997, 182:1, eff. July 1, 1997.

Section 110-B:76

    110-B:76 Cemetery Superintendent. – The adjutant general shall designate a cemetery superintendent who shall arrange for personnel, material, and equipment within the limits of appropriated funds and in accordance with the regulations and procedures adopted in accordance with RSA 110-B:8-a, and approved by the governor and council.

Source. 1997, 182:1, eff. July 1, 1997.

Section 110-B:77

    110-B:77 Cemetery Operations. –
I. Remains of eligible veterans previously buried in other locations may be reinterred in the cemetery, provided that no cost other than that which would be incurred in the original burial is borne by the state.
II. Nothing in this chapter shall be construed to obligate the state beyond the furnishing of a grave site, opening and closing of the grave, and maintenance of the cemetery.
III. A veteran shall be entitled to burial within a reasonable time after notification to appropriate cemetery personnel by a funeral director or a family member of the veteran, provided that weather conditions permit the burial. The family of the deceased veteran shall have the option of a chapel service or graveside service. The service may contain any or all customs and practices usual at a military funeral, including but not limited to, gun salutes, honor guards, and the playing of taps. The state shall not be responsible for any costs associated with a funeral service that is not offered by any federal cemetery.
IV. All federal funds received and income earned from internment fees shall be nonlapsing and continually appropriated for the sole purpose of supporting the New Hampshire state veterans cemetery.

Source. 1997, 182:1. 1999, 196:1, eff. July 6, 1999. 2019, 346:303, eff. July 1, 2019.

Section 110-B:78

    110-B:78 Regulations. –
The adjutant general shall adopt regulations, subject to the approval of the governor and council, relative to:
I. Standards and procedures for application and determination of eligibility for interment in the veterans cemetery.
II. Operating policies and procedures of the veterans cemetery.
III. The type of grave markers permitted in each area of the cemetery.
IV. The requirement and location of permanent vaults and grave liners for burials in the cemetery.
V. Fees for interment.

Source. 1997, 182:1, eff. July 1, 1997.

Section 110-B:79

    110-B:79 Annual Report. – The adjutant general shall file with the governor, the senate president, and the speaker of the house on or before October 1 of each year a report to the legislature, setting forth the operations and condition of the cemetery, a detailed account of all moneys received and expended on its behalf since the last report, any recommendations for additional legislation, and such other relevant matters as the adjutant general shall determine.

Source. 1997, 182:1, eff. July 1, 1997.

Section 110-B:79-a

    110-B:79-a Repealed by 2018, 32:2, eff. Nov. 1, 2018. –

New Hampshire Civil War Cannon Restoration Fund

Section 110-B:80

    110-B:80 Repealed by 2006, 244:3, I, eff. July 1, 2010. –

New Hampshire Medal of Honor

Section 110-B:81

    110-B:81 New Hampshire Medal of Honor. –
I. There is established a New Hampshire medal of honor, which may be awarded on behalf of the people of the state of New Hampshire to any New Hampshire citizen who has given his or her life while in military service to protect and preserve the rights and freedoms of the people of New Hampshire on or after November 4, 1979, and while:
(a) Engaged in an action against an enemy of the United States.
(b) Engaged in military operations involving conflict with an opposing foreign force.
(c) Assigned as military personnel to friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
(d) Serving in a combat zone as designated by Presidential order and killed in action.
(e) Serving in the military and killed as a result of a terrorist act.
II. In addition to the individuals described in paragraph I, individuals eligible to receive the New Hampshire medal of honor are limited to:
(a) Members of the New Hampshire national guard at the time they were killed in action.
(b) Members of the United States military reserves who were legal residents of New Hampshire at the time they were killed in action.
(c) Members of the United States armed forces who were:
(1) Legal residents of New Hampshire at the time they were killed in action; or
(2) Stationed in New Hampshire by a proper order of the United States Department of Defense at the time they were killed in action.
III. Satisfying the requirements of paragraphs I and II shall not result in the automatic award of the New Hampshire medal of honor. The totality of the circumstances of the death shall also be considered in awarding the medal of honor.
IV. The New Hampshire medal of honor shall be awarded, with the recommendation of the adjutant general, by a joint resolution introduced by the president of the senate, the speaker of the house of representatives, or the senator or a member of the house of representatives representing the town or city of residence of the individual killed.
V. The adjutant general, with the approval of the governor and council, shall design and provide for the manufacture of the New Hampshire medal of honor. The adjutant general shall design and maintain a New Hampshire medal of honor roll, which shall be available for public viewing.
VI. The governor shall present the New Hampshire medal of honor awarded under this section to the family members of the recipient.
VII. The adjutant general shall cause the name of a recipient of the New Hampshire medal of honor to be entered on the New Hampshire medal of honor roll.

Source. 2007, 370:1, eff. Sept. 15, 2007. 2013, 245:1, eff. July 24, 2013.

Section 110-B:81-a

    110-B:81-a Gifts, Grants, and Donations. – Notwithstanding any other provision of law, the adjutant general may solicit and receive monetary gifts, grants, or donations for the purpose of paying costs of the design, manufacture or production, and distribution of the New Hampshire medal of honor as provided in RSA 110-B:81.

Source. 2010, 197:1, eff. June 30, 2010.

Section 110-B:81-b

    110-B:81-b New Hampshire Medal of Honor Fund. – There is established in the office of the state treasurer a fund to be known as the New Hampshire medal of honor fund. All monetary gifts, grants, and donations received by the adjutant general pursuant to RSA 110-B:81-a shall be deposited in such fund. The fund is established to pay the costs of the design, manufacture or production, and distribution of the New Hampshire medal of honor under this subdivision. The money in this fund shall be nonlapsing and shall be continually appropriated to the adjutant general.

Source. 2010, 197:1, eff. June 30, 2010.

Prisoner of War and Missing in Action Designations

Section 110-B:82

    110-B:82 Prisoner of War and Missing in Action Designations. – The state of New Hampshire hereby recognizes the designations of Prisoner of War (POW) and Missing in Action (MIA) as valid descriptions of casualty status and category classification for military personnel.

Source. 2009, 87:1, eff. June 11, 2009.

Veterans Services

Section 110-B:83

    110-B:83 Composition of Veterans Services. –
I. Veterans services shall be divided into 3 classes, namely the division of veterans services, the state veterans cemetery, and the division of community based military programs. Additionally there will be 2 advisory bodies, namely the veterans council and the military leadership team.
II. The division of veterans services shall assist veterans who are residents of this state or their dependents to secure all benefits or preferences to which they may be entitled under any state or federal laws or regulations.
III. The state veterans cemetery shall provide and maintain a dignified final-resting place to honor all veterans and eligible dependents which expresses the state's gratitude for their service to the country.
IV. The division of community based military programs shall collaborate, coordinate, and communicate with military and civilian provider groups in the delivery of services to New Hampshire veterans, service members, and their families.
V. The military leadership team and veterans council shall serve as advisory bodies and shall provide advice and guidance to the adjutant general regarding the delivery of services to veterans and military service members and their families.

Source. 2019, 273:5, eff. Sept. 17, 2019.

Section 110-B:84

    110-B:84 Division of Veterans Services. –
The division of veterans services under the supervision of a director of veterans services:
I. Shall assist veterans who are residents of this state or their dependents to secure all benefits or preferences to which they may be entitled under any state or federal laws or regulations. The division shall employ such assistance as may be necessary, within the limits of the appropriation made therefor, subject to the rules of the state division of personnel.
II. Shall biennially, beginning July 1, 2019, publish and distribute a state veteran's handbook which shall include the following information:
(a) Points of contact for all federal, state, local, and nonprofit veterans agencies, departments, councils, hospitals, clinics, and other organizations offering services, benefits, and programs to New Hampshire veterans, including addresses, telephone numbers, and e-mail addresses.
(b) A description of the services, benefits, and programs offered by each entity listed under this subparagraph.
III. May accept and expend for purposes of publishing and distributing the state veterans' handbook, any donations, grants, bequests, and contributions which become available for such purposes.

Source. 2019, 273:5, eff. Sept. 17, 2019.

Section 110-B:85

    110-B:85 Director of the Division of Veterans Services. –
I. The adjutant general shall, with the approval of the governor and council, appoint a director of the division of veterans services, who shall be a veteran as defined by RSA 21:50.
II. The director shall:
(a) Supervise the activities of a statewide service delivery structure which assists veterans and family members in identifying eligibility for veterans' benefits, filing claims, coordinating benefits with other state and federal agencies, and reviewing claims decisions for appeals or waivers of unfavorable decisions.
(b) Identify and develop legislative proposals to improve delivery of services, review and monitor legislation introduced by others, testify at hearings, and prepare legislative fiscal note work sheets. The director shall coordinate, implement, and administer programs mandated by the legislature.
(c) Prepare the agency budget and administer and monitor expenditures for the division of veterans services.
(d) Develop and coordinate agency programs in conjunction with the United States Department of Veterans Affairs as well as other federal, state, local, and private organizations.
(e) Represent the adjutant general at various state and national conventions, conferences, and public functions and provide supervision to the division of veterans services' public relations program.
(f) Perform such other duties as the adjutant general shall determine.

Source. 2019, 273:5, eff. Sept. 17, 2019.

Section 110-B:86

    110-B:86 Copies of Public Records. – When a copy of any public record is required by the Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the Department of Veterans Affairs, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his or her behalf or the authorized representative of the Department of Veterans Affairs with a certified copy of such record; provided, however, that in any case where the copy is made by a town clerk whose official income is derived in part or entirely from fees, a charge for services hereunder shall be made and the town shall reimburse the clerk for the charges.

Source. 2019, 273:5, eff. Sept. 17, 2019.

Section 110-B:87

    110-B:87 Donations and Bequests. – The division of veterans services may receive, on behalf of the state, all donations and bequests that may be made to support the delivery of state veterans services programs shall be nonlapsing and continually appropriated to the division of veterans services.

Source. 2019, 273:5, eff. Sept. 17, 2019. 2020, 37:62, eff. Sept. 27, 2020.

Section 110-B:88

    110-B:88 Division of Community Based Military Programs. –
The division of community based military programs, under the supervision of an administrator of community based military programs shall facilitate military and civilian partnerships by collaborating, coordinating, and communicating with military and civilian provider groups in the delivery of services to New Hampshire veterans, service members, and their families. The administrator shall:
I. Develop and implement innovative, effective, and sustainable provider engagement projects to increase education, outreach, and engagement with military-access resources.
II. Integrate military and civilian community and coalition networks and strengthen military-civilian community supports by integrating those supports into civilian structures.
III. Advocate for federal and state funding to target system changes to improve services.
IV. Ensure cost efficiency through decreased overlap, service redundancy and increased service fidelity.
V. Co-develop and provide oversight for New Hampshire's care coordination, including services and supports addressing substance misuse, homelessness, suicide prevention, mental health, sexual military trauma, unemployment, domestic violence, education, and legal support.
VI. Authorize, evaluate, and monitor the administration of federal and state grants.
VII. Initiate and facilitate state planning processes to improve access, navigation, and coordination of military-civilian services and support.
VIII. Compile and analyze program statistics and metrics to evaluate the effectiveness of the system of care, initiatives and special projects, including the efforts of legislative, statewide, and community coalitions across the state.

Source. 2019, 273:5, eff. Sept. 17, 2019.

Section 110-B:89

    110-B:89 Council Established. –
I. There shall be a state veterans council of 4 members to be appointed by the governor and council, 3 of whom shall be veterans as defined by RSA 21:50. The fourth member shall be a family member of a veteran or family member of a currently serving member of the armed forces. All council members shall be citizens of New Hampshire. Of the first appointments of veterans under this section one shall be appointed for a term of 3 years, one for a term of 2 years, one for a term of one year and thereafter each shall be appointed for a term of 3 years. The family member shall be appointed for a term of 3 years. Each member of the council shall hold office until a successor is appointed and qualified. Any vacancy in the council shall be filled by the governor and council for the unexpired term.
II. The members of the council shall meet not less than semi-annually to review activities of the division of veterans services and provide guidance to and make recommendations for improvement on the adequacy and delivery of veterans programs to the adjutant general. The adjutant general may designate one of the members to serve as liaison to the state veterans advisory committee.

Source. 2019, 273:5, eff. Sept. 17, 2019.

Section 110-B:90

    110-B:90 Military Leadership Team. –
There is hereby established a military leadership team which shall serve in an advisory capacity and shall provide advice and guidance to the adjutant general regarding the delivery of services to veterans and military service members in New Hampshire. The military leadership team shall choose a chairman, vice-chairman, and a secretary from their membership. The team may, by a majority vote of its members, adopt bylaws governing the management and operation of the team. The military leadership team shall consist of the following members:
I. The adjutant general or his or her designated representative.
II. The director of the division of veterans services.
III. The members of the veterans council.
IV. The administrator of the division of community based military programs.
V. Representatives of organizations which provide services to veterans and military service members in New Hampshire, appointed by the adjutant general.
VI. Members of the private sector who have an interest in serving service members, veterans and their families.
VII. A family member of veteran or currently serving member of the Armed Forces.

Source. 2019, 273:5, eff. Sept. 17, 2019.