Bill Text: NH HB1092 | 2022 | Regular Session | Introduced
Bill Title: Requiring an official declaration of war for the activation of the New Hampshire national guard.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-02-16 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/16/2022 House Journal 3 [HB1092 Detail]
Download: New_Hampshire-2022-HB1092-Introduced.html
HB 1092-FN - AS INTRODUCED
2022 SESSION
22-2447
07/08
HOUSE BILL 1092-FN
AN ACT requiring an official declaration of war for the activation of the New Hampshire national guard.
SPONSORS: Rep. Belanger, Rock. 9; Rep. Binford, Graf. 15; Rep. Foster, Hills. 5; Rep. Santonastaso, Ches. 14; Rep. Craig, Coos 4
COMMITTEE: State-Federal Relations and Veterans Affairs
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ANALYSIS
This bill limits the activation of the New Hampshire national guard to only those times where the United States Congress has passed an official action pursuant to Article I, Section 8 of the United States Constitution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2447
07/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT requiring an official declaration of war for the activation of the New Hampshire national guard.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaration of Purpose. This act follows the principles that guided the writers of our inspired Constitution, embodied in the United States Constitution and the writings of the founders. Article I, Section 8 of the United States Constitution vests in the Congress the exclusive power to declare war, and by abdicating the war powers to the executive branch, the United States Congress has failed to follow the United States Constitution and the intent of the founders.
2 New Section; Department of Military Affairs and Veterans Services; Deploying National Guard Into Active National Service. Amend RSA 110:B by inserting after section 110:B:5-a the following new section:
110-B:5-a Deploying National Guard Into Active National Service.
I. This section shall be known as the "Defend the Guard Act."
II. For the purposes of this section:
(a) “Active duty combat” means performing the following services in the active federal military service of the United States:
(1) Participation in an armed conflict;
(2) Performance of a hazardous service relating to an armed conflict in a foreign state; or
(3) Performance of a duty through an instrumentality of war.
(b) "Official declaration of war" means an official declaration of war made by the United States Congress pursuant to article I, section 8, clause 11 of the United States Constitution.
III. Notwithstanding any other provisions of New Hampshire law, the New Hampshire national guard and any member thereof shall not be released from the state into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, Section 8, Clause 15 of the United States Constitution to explicitly call forth the New Hampshire national guard and any member thereof for the enumerated purposes to expressly execute the laws of the union, repel and invasion, or suppress an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.
IV. Nothing in this section shall limit or prohibit the governor from consenting to the deployment of any New Hampshire national guard member on 32 U.S.C. section 904.
3 Effective Date. This act shall take effect 60 days after its passage.
22-2447
10/15/21
HB 1092-FN- FISCAL NOTE
AS INTRODUCED
AN ACT requiring an official declaration of war for the activation of the New Hampshire national guard.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Federal Funds | |||
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METHODOLOGY:
This bill limits activation of the New Hampshire national guard to only those times where the United States Congress has passed an official action pursuant to Article I, Section 8 of the United States Constitution.
The Department of Military Affairs and Veterans Services states that if passed, this bill would put at risk approximately $100 million in annual federal funding that supports operations and maintenance of the NH National Guard. The loss of federal funding would require the state to fund 100% of the National Guard costs, including but not limited to military equipment, major weapons systems, personnel pay, allowances and benefits, and facility overhead, maintenance and construction costs. This amount is sum of federal funds allocated to the NH National Guard annually and includes all funding in the state biennial budgets and the federal funding not passed through the state such as federal pay and benefits.
The Department indicates the National Guard is called to active duty under several provisions in Title 10 of the U.S. Code. 10 USC §12301(a), is the section of Title 10 that National Guard members are called to duty for combat tours and does not require the consent of the Governor. As such, this bill, if passed, would create a conflict between State and Federal laws and jeopardize the federal funds received to support the National Guard.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Department of Military Affairs and Veterans Services
