reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:4 - Notice of Draft; Order.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:5 - Militia Call by the United States.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:6 - Ordering National Guard Into Active State Service.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:6-a - Active State Service; Required Health Coverage.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:7 - Military Staff of the Governor.

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, space force 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. 2023, 21:4, eff. July 3, 2023.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:8-a - Rulemaking.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:8-b - Deputy Adjutant General.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:9 - Staff for the National Guard.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:10 - Emergency Purchases for the National Guard.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:11 - State Retired List.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:12 - Service Without the State.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:13 - Army National Guard.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:14 - Air National Guard.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:15 - Organization and Training.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:16 - Assemblies, Annual Training and Other Duty.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:17 - Organization of Units.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:18 - Inactive National Guard.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:19 - Credit for Active Federal Service.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:20 - Qualifications of Officers, Warrant Officers and Enlisted Personnel.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:21 - Examining Boards.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:22 - Powers and Procedure.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:23 - Loss of Commission, Dismissal.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:24 - Resignation.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:25 - Enlistment in the National Guard.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:26 - Non-Commissioned Officer.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:27 - Discharge of Enlisted Persons.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:28-a - Rules for the Use of Force.

110-B:28-a Rules for the Use of Force. –
Use of force by personnel, to include state employees and contractor personnel while conducting security functions at National Guard facilities; and any employee and member of the New Hampshire National Guard, in a duty status, shall be in accordance with adjutant general issued guidance and procedures, which, except for mission specific rules for the use of force, shall be consistent with applicable United States Department of Defense, Chairman of the Joint Chiefs of Staff, United States Army, or United States Air Force unclassified directives and instructions on the standing rules for use of force.
Source.
2021, 18:2, eff. July 5, 2021.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:29 - Use of Armories or Other National Guard Facilities.

110-B:29 Use of Armories or Other National Guard Facilities. –
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.
Source.
1981, 434:1. 2002, 248:8, eff. May 17, 2002. 2021, 91:369, eff. July 1, 2021; 207:2, Pt. VII, Sec. 5, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:30 - Repealed by 2002, 248:12, I, eff. May 17, 2002.

110-B:30 Repealed by 2002, 248:12, I, eff. May 17, 2002. –
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:31 - Repealed by 2002, 248:12, II, eff. May 17, 2002.

110-B:31 Repealed by 2002, 248:12, II, eff. May 17, 2002. –
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:32 - Repealed by 2002, 248:12, III, eff. May 17, 2002.

110-B:32 Repealed by 2002, 248:12, III, eff. May 17, 2002. –
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:32-a - New Hampshire National Guard Training Center Funds.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:33 - Issue of Military Property.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:34 - Storage and Accountability for Property.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:35 - Responsibility for Public Property.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:36 - Insurance.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:37 - Pay and Allowances.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:37-a - State Active Duty Death Benefit.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:38 - Uniform Allowance for Officers.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:39 - Military Discipline.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:40 - Nonjudicial Punishment.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:41 - Military Offenses.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:42 - Preferral of Charges.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:43 - Apprehension.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:44 - Arrest and Confinement.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:45 - Order into Arrest.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:46 - Commitment.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:47 - Military Court.

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.
2023 New Hampshire Revised Statutes › Title VIII - Public Defense and Veterans' Affairs › Chapter 110-B - Department of Military Affairs and Veterans Services › Section 110-B:48 - Courts of Inquiry.

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.