CHAPTER 310
HB 1653-FN - FINAL VERSION
04/21/2022 1368s
04/21/2022 1690s
26May2022... 2112EBA
2022 SESSION
22-2792
04/11
HOUSE BILL 1653-FN
SPONSORS: Rep. Roy, Rock. 32
COMMITTEE: State-Federal Relations and Veterans Affairs
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ANALYSIS
This bill:
I. Establishes residency and enrollment rights and procedures for military-connected students.
II. Provides for temporary occupational licensing for qualified military service members and their spouses.
III. Provides for in-state tuition at any university system or community college system institution for military-connected students.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/21/2022 1368s
04/21/2022 1690s
26May2022... 2112EBA 22-2792
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
310:1 National Guard; Employment Protection for Members of the National Guard, or State Guard. Amend RSA 110-C:1, II to read as follows:
II. Any person who shall be called by the governor of this state or any other state to active duty[, pursuant to RSA 110-B:6 or RSA 111:1,] as a member of the national guard or any other state, or as a member of the militia, shall be afforded such employment and reemployment rights, privileges, benefits, and protections in employment as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq., as though that person had been called to active duty in the service of the United States; and shall not be denied hiring, retention in employment, promotion, or other incidents or advantages of employment because of any obligation as a member of the national guard or the militia.
310:2 New Chapter; Military-Connected Students. Amend RSA by inserting after chapter 110-D the following new chapter:
CHAPTER 110-E
MILITARY-CONNECTED STUDENTS
110-E:1 Definitions. In this chapter, “military-connected student” shall mean a student who is a dependent of a current or former member of:
I. The United States military serving in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard on active duty;
II. New Hampshire National Guard; or
III. A reserve force of the United States military; or
IV. A member of a military or reserve force under paragraphs I-III who was killed in the line of duty.
110-E:2 Military Parent Student Support.
I. Beginning with the 2023-2024 school year and each school year thereafter, each public school shall provide appropriate support services, as specified in paragraph II, to military-connected students whose parent or guardian is a member of the armed forces being called to and while serving on active duty.
II.(a) If a parent or guardian of a military-connected student is called or ordered to active duty by the federal government under the provisions of 10 U.S.C. relating to armed forces, or 32 U.S.C. relating to the National Guard, the parent or guardian may notify school district of the activation to active duty and request additional supports for the student under this section. Upon receiving notification from the parent or guardian of activation, the school district shall provide the student with access to licensed counseling services, and information regarding existing federal and state military support services and any other service, agency, or resource necessary to support or provide assistance to the student.
(b) The department of education shall coordinate with the department of military and veterans services to carry out this section, including posting information about the requirements of this section to their publicly accessible Internet websites and providing informational materials for use by school districts to inform parents and guardians of the supports available under this paragraph.
310:3 New Section; State College and University System; In-State Tuition for Military-Connected Students. Amend RSA 187-A by inserting after section 20-d the following new section:
187-A:20-e In-State Tuition for Military-Connected Students. A spouse or child of an active member of the armed forces who is assigned to duty elsewhere immediately following assignment to duty in New Hampshire shall be deemed an in-state resident for purposes of determining tuition and fees at an institution within the university system as long as the spouse or child resides continuously in New Hampshire while enrolled in such postsecondary institution.
310:4 New Section; Community College System of New Hampshire; In-State Tuition for Military-Connected Student. Amend RSA 188-F by inserting after section 16-b the following new section:
188-F:16-c In-State Tuition for Military-Connected Students. A spouse or child of an active member of the armed forces who is assigned to duty elsewhere immediately following assignment to duty in New Hampshire shall be deemed an in-state resident for purposes of determining tuition and fees at an institution within the community college system as long as the spouse or child resides continuously in New Hampshire while enrolled in such postsecondary institution.
310:5 New Paragraph; School Attendance; Legal Residence Required; Military-Connected Student. Amend RSA 193:12 by inserting after paragraph III the following new paragraph:
III-a.(a) A student shall comply with the residency requirements for school attendance and shall be considered a resident of a school district if he or she is a military-connected student as defined in RSA 110-E:1 whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. A school district shall accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school unit, and course registration for military-connected students.
(b) The parent shall provide proof of residence in the school district within 10 days after the published arrival date provided on official documentation. A parent may use any of the following addresses as related to his or her military move:
(1) A temporary on-base billeting facility.
(2) A purchased or leased home or apartment.
(3) Federal government or public-private venture off-base military housing.
310:6 Open Enrollment Schools; Military-Connected Students. Amend RSA 194-D:2, VIII to read as follows:
VIII. A pupil who meets the admission requirements of an open enrollment school, and who is a resident of the district where the school is located or is a dependent child of active duty military personnel whose move resulted from military orders, shall be given absolute admission preference over a nonresident pupil. Once admitted and unless expelled, open enrollment school pupils need not reapply for admission for subsequent years.
310:7 New Paragraphs; Open Enrollment Schools; Military-Connected Students. Amend RSA 194-D:2 by inserting after paragraph X the following new paragraphs:
XI. Military-connected students as defined in RSA 110-E:1 who are the dependent children of a member of the active uniformed military services of the United States on full-time active duty status and students who are the dependent children of a member of the military reserve on active duty orders shall be eligible for admission to the school district of their choice. Students shall be eligible if:
(a) At least one parent of the student has a Department of Defense-issued identification card; and
(b) At least one parent can provide evidence that he or she will be on active duty status or active duty orders, meaning the parent will be temporarily transferred in compliance with official orders to another location in support of combat, contingency operation or a natural disaster requiring the use of orders for more than 30 consecutive days.
XII. A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer.
310:8 New Section; Occupations and Professions; Military Service Member and Spousal Temporary Licensure. Amend RSA 310-A by inserting after section 1-n the following new section:
310-A:1-o Military Service Members and Spousal Temporary Licensure. The office of professional licensure and certification shall issue temporary licenses to a member of the armed forces or their spouse, if the applicant holds a current, valid unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A, provided that the applicant meets the requirements of this section, within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions:
I. The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title, or under any other law.
II. The license applicant must submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.
III. The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant must make this request within 15 days prior to the temporary license’s expiration date.
IV. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.
310:9 New Paragraph; Emergency Medical and Trauma Services; Licensure of Emergency Medical Care Providers. Amend RSA 153-A:11 by inserting after paragraph VI the following new paragraph:
VII. The commissioner shall issue a temporary license to a member of the armed forces or their spouse, if the applicant holds a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted under RSA 541-A, provided that the applicant meets the requirements of this section, within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions:
(a) The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title, or under any other law.
(b) The license applicant shall submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.
(c) The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant shall make this request within 15 days prior to the temporary license’s expiration date.
(d) All individuals licensed under this section shall be subject to the jurisdiction of the department.
310:10 Emergency Medical and Trauma Services; Authority for Licensed Advanced Emergency Medical Care Providers. Amend RSA 153-A:12 to read as follows:
153-A:12 Authority for Licensed Advanced Emergency Medical Care Providers.
I. An advanced emergency medical care provider licensed under this chapter may render advanced emergency medical care, rescue, and lifesaving services in those areas of training for which such person is licensed, as defined and approved in accordance with the rules adopted under this chapter, at the scene of an emergency, during transportation to a hospital or while in the hospital emergency department, until care is directly assumed by a physician or authorized hospital personnel, and within the hospital or licensed health care facility in accordance with hospital or facility policies.
II. The commissioner shall issue a temporary license to a member of the armed forces or their spouse, if the applicant holds a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted under RSA 541-A, provided that the applicant meets the requirements of this section within 30 days of having received an application or if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions:
(a) The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title or under any other law.
(b) The license applicant shall submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.
(c) The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant shall make this request within 15 days prior to the temporary license’s expiration date.
(d) All individuals licensed under this section shall be subject to the jurisdiction of the department.
310:11 Contingency. If SB 330 of the 2022 regular session becomes law, RSA 310-A:1-o as inserted by section 8 of this act shall be renumbered to RSA 310-A:1-p.
310:12 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 01, 2022
Effective Date: August 30, 2022