Text to be removed highlighted in red.
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.
Text to be added highlighted in green.
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.