New Hampshire 2022 Regular Session

New Hampshire House Bill HB1092

Introduced
11/16/21  
Refer
11/16/21  

Caption

Requiring an official declaration of war for the activation of the New Hampshire national guard.

Impact

If enacted, HB 1092 would significantly alter the operational procedures of the New Hampshire National Guard. Currently, the governor has the authority to activate the National Guard under various circumstances, including emergencies and federal orders. However, this bill would restrict such activation unless there is a formal declaration of war. One major consequence projected by fiscal analyses is the risk of losing approximately $100 million in federal funding that supports the National Guard’s operations and maintenance. The potential loss of these funds raises significant concerns about the state’s ability to manage the National Guard effectively.

Summary

House Bill 1092, known as the 'Defend the Guard Act', seeks to amend the New Hampshire law concerning the activation of the state’s National Guard. The bill stipulates that members of the National Guard shall only be activated during official declarations of war by the United States Congress, thereby aligning state practices with constitutional mandates. This legislation reflects a growing concern among some legislators regarding executive overreach in military engagements, reinforcing the role of Congress in decisions to deploy military forces.

Sentiment

The sentiment surrounding HB 1092 is mixed. Supporters of the bill argue that it is a necessary move to uphold constitutional principles and restore Congressional authority concerning military engagement. They believe it is crucial for maintaining the balance of power between state and federal entities. Conversely, opponents express fears that this bill may jeopardize critical funding and operational readiness of the National Guard, potentially putting state interests at risk during times of crisis or conflict.

Contention

Notable points of contention include debates over the balance of military authority between state and federal governments, as well as concerns regarding the implications for national security. Critics highlight that restricting activation could hinder rapid response capability. There is also a fear that the bill could put New Hampshire at odds with federal regulations concerning military readiness, leading to legal conflicts. The discussion of HB 1092 encapsulates broader issues surrounding military governance and constitutional rights, illustrating the complexities at play in legislative decision-making.

Companion Bills

No companion bills found.

Previously Filed As

NH HB104

relative to requiring an official declaration of war for the activation of the New Hampshire national guard in a foreign state.

NH HB104

Relative to requiring an official declaration of war for the activation of the New Hampshire national guard in a foreign state.

NH HB1056

Defend the Guard Act; create to require official declaration of war before national guard are called for active duty combat.

NH HB122

Relative to payment of claims arising out of actions or activities of the New Hampshire national guard.

NH SB82

Require an official declaration of war or other Congressional action before the South Dakota National Guard may be deployed by the federal government.

NH SB82

Require an official declaration of war or other Congressional action before the South Dakota National Guard may be deployed by the federal government.

NH HB930

Relating to certain requirements for activation of the Texas National Guard into active combat duty.

NH H3829

Prohibiting the Massachusetts National Guard from being deployed into active combat without a formal declaration of war by congress

NH S2471

Prohibiting the Massachusetts National Guard from being deployed into active combat without a formal declaration of war by congress

NH H5378

Requires an official declaration of war or an action to call forth the state militia by the United States Congress before members of the National Guard may be released from state control to participate in active duty combat.

Similar Bills

NH SB130

Establishing a commission to study delivery models for emergency medical services in the state of New Hampshire.

NH HB659

Establishing the New Hampshire college graduate retention incentive program.

NH HB95

Requiring the New Hampshire electric co-op regularly file a certificate of deregulation with the public utilities commission.

NH SB279

Establishing the housing champion business loan program and making appropriations to the department of business and economic affairs and the business finance authority.

NH HB1753

establishing the New Hampshire first for veterans program and authority.

NH HB1616

prohibiting state agencies and political subdivisions from advertising or expending funds to advertise vaccines in the state of New Hampshire.

NH HB132

Eliminating liability for support and recovery over certain indigent relations.

NH HB545

Requiring certain cervid meat processed outside of New Hampshire to be tested for chronic wasting disease before being brought into New Hampshire.