HB 229-FN - AS AMENDED BY THE HOUSE
4Jan2024... 0045h
2023 SESSION
23-0325
06/08
HOUSE BILL 229-FN
SPONSORS: Rep. Potucek, Rock. 13; Rep. Adjutant, Graf. 16; Rep. Santonastaso, Ches. 18; Rep. Granger, Straf. 2; Rep. T. Mannion, Hills. 1
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2024... 0045h 23-0325
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
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 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 under Title 10 of the United States Code; or
(2) Performance of a hazardous service through an instrumentality of war relating to an armed conflict in a foreign state under Title 10 of the United States Code.
(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 an 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 under Title 32 of the United States Code.
V. Nothing in this section shall limit nor prohibit the participation of the New Hampshire national guard in training exercises outside of the continental United States under Title 10 of the United States Code or in training with friendly foreign countries as part of the State Partnership program under 10 U.S.C. section 321.
VI. Nothing in this section shall limit or prohibit the participation of the New Hampshire national guard in the capacity of humanitarian and civic assistance provided in conjunction with military operations pursuant to 10 U.S.C. section 401.
3 Effective Date. This act shall take effect 60 days after its passage.
23-0325
Amended 1/12/24
HB 229-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0045h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2024 | FY 2025 | FY 2026 | FY 2027 |
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 this bill, if passed, would put at risk approximately $395 million in annual federal funding that supports operations and maintenance of the New Hampshire National Guard (NHNG). In order to maintain current levels of operational capability, the state would need to replace those federal funds. Those costs include but are not limited to military equipment, major weapons systems, and personnel pay, allowances and benefits, and facility overhead, maintenance, and construction costs. This amount includes all funds accounted for in the state biennial budgets as well as federal funds not passed through the state budget such as federal pay and benefits, equipment and operations and maintenance costs.
Federal funding not included in state appropriations includes:
Federal funds included in state operating and capital budgets includes:
It is assumed that any fiscal impact would occur after FY 2024.
AGENCIES CONTACTED:
Department of Military Affairs and Veterans Services
| Date | Amendment |
|---|---|
| Dec. 15, 2023 | 2023-2276h |
| Jan. 2, 2024 | 2024-0037h |
| Jan. 2, 2024 | 2024-0045h |
| Date | Body | Type |
|---|---|---|
| Jan. 20, 2023 | House | Hearing |
| Feb. 3, 2023 | House | Exec Session |
| Oct. 10, 2023 | House | Exec Session |
| Oct. 11, 2023 | House | Exec Session |
| Oct. 11, 2023 | House | Floor Vote |
| April 9, 2024 | Senate | Hearing |
April 18, 2024: Refer to Interim Study, MA, VV; 04/18/2024; SJ 10
April 16, 2024: Committee Report: Referred to Interim Study, 04/18/2024, Vote 7-0; SC 15A
April 3, 2024: Hearing: 04/09/2024, Room 103, SH, 02:00 pm; SC 14
March 26, 2024: Introduced 03/21/2024 and Referred to Finance; SJ 8
Jan. 4, 2024: Referral Waived by Committee Chair per House Rule 47(f) 01/04/2024 HJ 2 P. 59
Jan. 4, 2024: Referred to Finance 01/03/2024 HJ 2 P. 47
Jan. 4, 2024: Ought to Pass with Amendment 2024-0045h: MA RC 187-182 01/04/2024 HJ 2 P. 45
Jan. 4, 2024: FLAM # 2024-0045h (Rep. Pauer): AA VV 01/04/2024 HJ 2 P. 44
Oct. 27, 2023: Committee Report: Without Recommendation 10/11/2023 (Vote 8-11; RC) HC 49 P. 45
Aug. 14, 2023: Executive Session: 10/11/2023 10:30 am LOB 206-208
Aug. 16, 2023: Full Committee Work Session: 10/11/2023 10:00 am LOB 206-208
Aug. 14, 2023: Executive Session: 10/10/2023 10:00 am LOB 206-208
Feb. 15, 2023: Retained in Committee
Jan. 26, 2023: Executive Session: 02/03/2023 01:00 pm LOB 206-208
Jan. 11, 2023: Public Hearing: 01/20/2023 10:00 am LOB 206-208
Jan. 9, 2023: Introduced (in recess of) 01/05/2023 and referred to State-Federal Relations and Veterans Affairs HJ 2 P. 7