New Hampshire House Committee Passes NDAA Nullification 16-0

CONCORD, N.H. (Feb. 28, 2013) – The New Hampshire Liberty Act passed unanimously out of the State-Federal Relations and Veterans Affairs Committee Thursday, with an amendment enhancing the penalty provisions.

HB399 would prohibit state cooperation with indefinite detention without due process under the National Defense Authorization Act.

The state of New Hampshire shall not provide material support or participate in any way with the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 within the boundaries of this state. The department of safety is hereby directed to report to the governor and the legislature any attempt by agencies or agents of the United States government to secure the implementation of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 through the operations of that or any other state department.

The final committee vote was 16-0

Rep. Dan Itse’s original bill provided for class A misdemeanor penalties on any state agent cooperating with indefinite detention. An amendment strengthened those penalties.

Any person who violates paragraph I shall be prosecuted to the fullest extent of current New Hampshire law related to the applicable crime.

That could include felony kidnapping charges.

An amendment also urges the New Hampshire attorney general to support action against detention provisions written into the NDAA.

The general court urges the attorney general to initiate or support any lawsuit challenging the constitutionality of the detainment provisions of the National Defense Authorization Act for Fiscal Year 2012.

The bill will now move on to the regular House calendar.

ACTION ITEMS

If you are in New Hampshire, contact your representative and urge him/her to support HB399. You can find legislator contact information HERE.

If you live outside of New Hampshire, you can track NDAA nullification efforts across the U.S. and find model legislation to present to your representatives HERE.