SB 482-FN - VERSION ADOPTED BY BOTH BODIES

2024 SESSION

24-2897

11/05

SENATE BILL 482-FN

AN ACT relative to National Guard and Staff Judge Advocate access to criminal history records.

SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Rep. Moffett, Merr. 4

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill gives the New Hampshire Air National Guard, Army National Guard, and 157 Air Refueling Wing Offices of the Staff Judge Advocate access to criminal history records, criminal investigation records, and court records of New Hampshire National Guard employees and service members for the limited purpose of carrying out the office’s responsibilities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2897

11/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to National Guard and Staff Judge Advocate access to criminal history records.

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

1  New Section; Department of Military Affairs and Veterans Services; National Guard and Staff Judge Advocate Document Access.  Amend RSA 110-B by inserting after section 110-B:19 the following new section:

110-B:19-a  National Guard and Staff Judge Advocate; Access to Criminal History Records.  The New Hampshire Air National Guard, New Hampshire Army National Guard, and 157 Air Refueling Wing Offices of the Staff Judge Advocate shall be granted access to all confidential criminal history records, criminal investigation documentation, and public court records of New Hampshire National Guard employees and service members for the purpose of carrying out the office’s responsibilities and the respective attorneys’ duties under state, federal, and military law and regulations.

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

LBA

24-2897

11/27/23

SB 482-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to National Guard and Staff Judge Advocate access to criminal history records.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill gives the New Hampshire Air National Guard, Army National Guard, and 157 air refueling wing offices of the staff judge advocate access to criminal history records, criminal investigation records, and court records of New Hampshire National Guard employees and service members for the limited purpose of carrying out the office’s responsibilities.

The Department of Safety currently charges $25 per record.  The Department does not have information on how many records would be disseminated under this proposal and cannot estimate how much additional revenue would be gained.  The Department indicates, if the intent is to allow access to the FBI records, the expense to the Department of Safety is $13.25 for each record disseminated and this cost should be passed onto the Army National Guard.   

The Department of Military Affairs and Veterans Services indicates this bill would have no impact state expenditures as any fees would be paid directly by the federal government.

The Judicial Branch states this bill would have no impact on the Branch's expenditures or revenues.

AGENCIES CONTACTED:

Departments of Safety, Military Affairs and Veterans Services and Judicial Branch