HB 498 – AS AMENDED BY THE SENATE

8Jan2014… 2255h

05/15/14 1744s

2013 SESSION

13-0069

04/03

HOUSE BILL 498

AN ACT permitting the use of firearms by military or veterans groups in the compact part of a town for military or veterans events, or national holidays, relative to preferences for veterans and disabled veterans in public employment, and repealing the prospective repeal of the commission to study the effects of service-connected post-traumatic stress disorder and traumatic brain injury.

SPONSORS: Rep. J. Belanger, Hills 27; Rep. Baldasaro, Rock 5; Rep. Sapareto, Rock 6; Rep. Kappler, Rock 3; Rep. Itse, Rock 10; Rep. Hansen, Hills 22; Rep. LeBrun, Hills 32; Rep. Gargasz, Hills 27; Rep. Tucker, Rock 23

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill:

I. Permits an exception to the unauthorized use of firearms and firecrackers law for the firing or discharge of a cannon, gun, pistol, or other firearm within the compact part of a town or city for approved military or veterans events, commemorative events, funerals, or national holidays.

II. Requires the state to give a preference in hiring to veterans and disabled veterans in public employment.

III. Repeals the prospective repeal of the commission to study the effects of service-connected post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans, contingent upon the passage of SB 298 of the 2014 regular legislative session.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2014… 2255h

05/15/14 1744s

13-0069

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

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

1 New Paragraph; Unauthorized Use of Firearms and Firecrackers; Exception. Amend RSA 644:13 by inserting after paragraph II the following new paragraph:

III. Paragraph I shall not apply to the firing or discharge of a cannon, gun, pistol, or other firearm within the compact part of a town or city for the following events, provided that the person responsible for organizing the event notifies the police department of the following events:

(a) The celebration of, or practice for the celebration of, military events, military funerals, national holidays, or other military or veterans commemorations, conducted by United States armed forces personnel; or

(b) Military re-enactors registered with the secretary of state’s office; or

(c) Funerals or commemorative events conducted by law enforcement agencies, fire departments, emergency medical services, or other public safety agencies.

2 New Chapter; Veterans’ Preference in Public Employment. Amend RSA by inserting after chapter 273-C the following new chapter:

CHAPTER 273-D

VETERANS’ AND DISABLED VETERANS’ PREFERENCE IN PUBLIC EMPLOYMENT

273-D:1 Veterans’ Preference in Public Employment. The state of New Hampshire shall grant a preference in hiring to veterans and disabled veterans.

273-D:2 Definitions. In this chapter:

I. “Active duty” means full-time duty under Title 10 of the United States Code as an enlisted member, or as a commissioned or warrant officer, in any branch of the armed forces of the United States. Active duty shall not include attendance at a school under military orders, except schooling incident to an active enlistment or a regular tour of duty, or normal military training as a reserve officer or member of an organized reserve or a national guard unit.

II. “Armed forces” means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including:

(a) The Army Reserve.

(b) The Navy Reserve.

(d) The Air Force Reserve.

(e) The Coast Guard Reserve.

(f) The Army National Guard of the United States.

(g) The Air National Guard of the United States.

III. “Civil service position” means a position that requires merit-based selection and promotion to be ascertained by competitive examination. Such positions need not be denominated “civil service” positions.

IV. “Combat zone” means an area designated by the President of the United States by executive order in which, on the dates designated by executive order, the armed forces of the United States are or have engaged in combat.

V. “Disabled veteran” means:

(a) A person entitled to disability compensation under the laws administered by the United States Department of Veterans Affairs;

(b) A person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty; or

VI. “Public employer” means the state or any agency or political subdivision of the state and any person authorized to act on behalf of the state or any agency or political subdivision of the state with respect to control, management, or supervision of any employee.

VII. “Spouse of a disabled veteran” means:

(a) The current legal spouse of a veteran who has been determined to be permanently and totally disabled by the United States Department of Veterans Affairs; or

(b) The unremarried legal spouse of a veteran who died while, and as a result of, serving in the armed forces.

VIII. “Veteran” means a person who:

(a) Served on active duty with the armed forces of the United States:

(1) For more than 178 consecutive days and was honorably discharged or released from active duty;

(2) For 178 days or less and was honorably discharged or released from active duty; or

(3) For at least one day in a combat zone and was honorably discharged or released from active duty; or

(b) Received a combat or campaign ribbon for service in the armed forces of the United States.

273-D:3 Eligibility for Employment Preference.

I. A veteran or disabled veteran may use the preference for a civil service position at any time after discharge or release from service in the armed forces of the United States.

II. A veteran or disabled veteran may claim the preference an unlimited number of times.

273-D:4 Application Process.

I. At each stage of the application process, a public employer shall grant a preference to an otherwise qualified veteran or disabled veteran who successfully completes an initial application screening and an application examination, or a civil service test administered by the public employer to establish eligibility for a vacant civil service position.

II. For an initial application screening used to develop a list of persons for interviews, the public employer shall add 5 preference points to a veteran’s score and 10 preference points to a disabled veteran’s score.

III. For an application examination, administered after the initial application screening that results in a score, the public employer shall add 5 preference points to a veteran’s and 10 preference points to a disabled veteran’s total combined examination score without allocating the points to any single feature or part of the examination. The veteran or disabled veteran shall pass the examination with a qualifying score to be eligible to receive the veterans preference.

IV. If a public employer uses an application examination that does not result in a score, the public employer shall devise and apply methods by which it gives special consideration in the hiring decision to veterans and disabled veterans.

273-D:5 Appointment to a Position.

I. A public employer shall appoint an otherwise qualified veteran or disabled veteran to a vacant civil service position if the results of a veteran’s or disabled veteran’s application examination, when combined with the veteran’s or disabled veteran’s preference, are equal to or higher than the results of an application examination for an applicant who is not a veteran or disabled veteran.

II. A public employer may base a decision not to appoint the veteran or disabled veteran solely on the veteran’s or disabled veteran’s merits or qualifications with respect to the vacant civil service position.

III. A public employer that does not appoint a veteran or disabled veteran to a vacant civil service position, shall upon written request of the veteran or disabled veteran, provide an explanation of its decision.

273-D:6 Proof of Eligibility.

I. A public employer shall require an applicant, at the time of application, to provide proof that the applicant is an eligible veteran or disabled veteran in order to be eligible for the veterans or disabled veterans preference.

II. An applicant for a position with a public employer who claims a veteran’s or disabled veteran’s preference shall submit as proof of eligibility:

(a) A copy of a qualifying document as outlined in RSA 21:50, I(b) with the application for employment; and

(b) Disabled veterans shall submit a copy of their veteran’s summary of benefits letter from the United States Department of Veterans Affairs, unless the information is included in the appropriate federal discharge documents.

III. If an applicant’s record appears to show service qualifying for the preference, the public employer may provisionally designate an applicant as an eligible veteran or disabled veteran. However, before the applicant can be appointed, he or she shall submit proof of entitlement to the preference.

273-D:7 Rulemaking. The department of labor shall adopt rules pursuant to RSA 541-A to implement the provisions of this chapter.

3 Repeal. 2011, 84:2, relative to the prospective repeal of the commission to study the effects of service-connected post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans, is repealed.

4 Contingency. If SB 298 of the 2014 regular legislative session becomes law, then section 3 of this act shall take effect upon its passage. If SB 298 of the 2014 regular legislative session does not become law, then section 3 of this act shall not take effect.

5 Effective Date.

I. Section 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect upon its passage.