HB580 (2021) Detail

Requiring the approval of the governor before the New Hampshire National Guard can be deployed overseas.


HB 580  - AS INTRODUCED

 

 

2021 SESSION

21-0696

05/08

 

HOUSE BILL 580

 

AN ACT requiring the approval of the governor before the New Hampshire National Guard can be deployed overseas.

 

SPONSORS: Rep. Craig, Coos 4

 

COMMITTEE: State-Federal Relations and Veterans Affairs

 

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

 

ANALYSIS

 

This bill requires the governor to review orders calling the New Hampshire national guard to federal active duty and directs the governor to withhold approval unless the order is in response to an invasion of the United States, an insurrection, or otherwise within the Constitutional authority of the federal government.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0696

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring the approval of the governor before the New Hampshire National Guard can be deployed overseas.

 

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

 

1  New Section; Call of National Guard to Federal Active Duty for Overseas Deployment.  Amend RSA 110-B by inserting after section 5 the following new section:

110-B:5-a  Call of National Guard to Federal Active Duty for Overseas Deployment.

I.  The governor shall withhold or withdraw approval of the transfer of the national guard to federal control for overseas deployment in the absence of:

(a)  A military invasion of the United States;

(b)  An insurrection; or

(c)  A calling forth of the guard by the federal government in a manner provided for by Congress to execute the laws of the Union, provided that said laws were made in pursuance of the delegated powers in the Constitution of the United States.

II.  The governor shall examine each federal order that places the national guard on  active duty to determine whether the order is constitutional according to Article I, Section 8, Clause 15 of the Constitution of the United States.  If the governor determines that the order is not Constitutional, he or she shall take all appropriate action to prevent the national guard from being placed or kept on federal active duty.

III.  Within 30 days of the issuance of an order calling the national guard to federal active duty, the governor shall submit a report to the standing committees of the legislature with specified subject matter jurisdiction over military affairs that summarizes his or her review of the order, the order's compliance with the criteria established in this section, and any action he or she has taken or plans to take in response to that review.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB580 at GenCourtMobile
HB580 Discussion

Action Dates

Date Body Type
Jan. 29, 2021 House Hearing
Feb. 5, 2021 House Exec Session
Feb. 12, 2021 House Exec Session
House Floor Vote

Bill Text Revisions

HB580 Revision: 31877 Date: Jan. 12, 2021, 1:29 p.m.

Docket


: Special Order to Regular Calendar of next Session day Without Objection


: Minority Committee Report: Ought to Pass


: Majority Committee Report: Inexpedient to Legislate (Vote 20-1; RC) HC 12 P. 33


Feb. 12, 2021: Executive Session: 02/12/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93009507127


Feb. 5, 2021: Executive Session: 02/05/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93691497982 (if not voted on Jan. 29th)


Jan. 29, 2021: Public Hearing: 01/29/2021 10:15 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95866113093 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to State-Federal Relations and Veterans Affairs HJ 2 P. 54