New Hampshire HB 104: repealing the commuters income tax.

Bill Text

HB 104-FN - AS AMENDED BY THE HOUSE

8Jan2026... 3007h

2025 SESSION

 25-0015

 06/05

HOUSE BILL 104-FN

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

SPONSORS: Rep. Tom Mannion, Hills. 1; Rep. Granger, Straf. 2; Rep. Potucek, Rock. 13; Rep. Pauer, Hills. 36; Rep. Read, Rock. 10; Rep. Wheeler, Hills. 33; Rep. Sabourin, Rock. 30; Rep. H. Howard, Straf. 4; Rep. Seidel, Hills. 29; Rep. Rollins, Sull. 3; Sen. Sullivan, Dist 18

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2026... 3007h 25-0015

 06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

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

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 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 in a foreign state 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 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. 

 VII. This section shall take effect upon certification by the secretary of state to the director of the office of legislative services that a total of 5 states, including New Hampshire, have enacted substantially similar legislation, or upon certification by the secretary of state to the director of the office of legislative services that both the Commonwealth of Massachusetts and the state of Maine have enacted substantially similar legislation, whichever occurs first.

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

 LBA

 25-0015

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