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HB 104 · 2026 · House · State-Federal Relations and Veterans Affairs Committee

War declaration for National Guard deployment

AI-generated

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

Limits activation of the New Hampshire national guard in a foreign state to instances where Congress has passed an official action pursuant to Article I, Section 8 of the United States Constitution.AI-generated

Status

Killed in the Senate — indefinitely postponed · March 5, 2026
  1. ✓Introduced
  2. ✓House
  3. ✕Senate
  4. Governor
  5. Law

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.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site

““Active duty combat” means performing the following services in the active federal military service of the United States:”
RSA 110-B:5-a
“"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.”
RSA 110-B:5-a
“The governor shall take all actions necessary to comply with the requirements of this section.”
RSA 110-B:5-a
“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.”
RSA 110-B:5-a

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Tom MannionRPrimeAssistant Majority Whip
  • Rep. John PotucekRVice Chair· Commerce and Consumer Affairs
  • Rep. Diane PauerRChair· Municipal and County Government
  • Rep. Ellen ReadDDeputy Ranking Member· Housing
  • Rep. Heath HowardDDeputy Ranking Member· Executive Departments and Administration
  • Rep. Skip RollinsRVice Chair· State-Federal Relations and Veterans Affairs
  • Sen. Victoria SullivanRVice Chair· Education

Also: Rep. Michael GrangerR, Rep. Jonah WheelerD, Rep. Matt Sabourin dit ChoinièreR, Rep. Sheila SeidelR

Public testimony

No one submitted online testimony on this bill. See the record

Votes

yeanay
Starting text: Bill as introduced
  • Oct 17, 2025HouseCommittee report· regular calendarCommittee report: Inexpedient to Legislate11–6
    Overall
    65% yea
  • Jan 8, 2026HouseRoll callInexpedient to LegislateFailed159–182How they voted
    Overall
    47% yea
    Party-line vote
    Republicans
    45–13924% yea
    Democrats
    114–4373% yea
  • Jan 8, 2026HouseVoice voteAmendment 2025-3007hadopted
  • Jan 8, 2026HouseVoice voteOught to Pass with Amendment 2025-3007hadopted
    Resulting text: Bill as amended by the House
  • Mar 5, 2026SenateCommittee report: Inexpedient to Legislate8–0
    Overall
    100% yea
  • Mar 5, 2026SenateVoice voteIndefinitely Postponeadopted

Hearings and debates

  • Jan 17, 2025Public hearingHouse State-Federal Relations and Veterans Affairs4:44:04–4:46:122m 8slocated in the stream transcriptPublic Hearing
  • Jan 24, 2025Public hearingHouse State-Federal Relations and Veterans Affairs2:22:38–2:23:451m 7slocated in the stream transcript==RECESSED== Executive Session
  • Jan 31, 2025Public hearingHouse State-Federal Relations and Veterans Affairs6:48:57–6:50:161m 19slocated in the stream transcript==CONTINUED== Executive Session
  • Oct 17, 2025Public hearingHouse State-Federal Relations and Veterans Affairs5:40–6:0525slocated in the stream transcriptMajority Committee Report: Inexpedient to Legislate — roll call; Executive Session
  • Jan 8, 2026Floor debateHouse floor6:13:10–6:15:061m 56slocated in the stream transcriptInexpedient to Legislate — failed, roll call 159-182; Ought to Pass with Amendment 2025-3007h — adopted, voice vote; Amendment # 2025-3007h — adopted, voice vote
  • Feb 17, 2026Public hearingSenate Finance59:29–1:08:038m 34slocated in the stream transcriptHearing
  • Mar 5, 2026Floor debateSenate floor1:24:36–1:27:182m 42slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Sen. Gray Moved to Indefinitely Postpone; Indefinitely Postpone — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 8, 2025HouseIntroduced 01/08/2025 and referred to State-Federal Relations and Veterans Affairs HJ 2 P. 6
  2. Jan 17, 2025HousePublic Hearing: 01/17/2025 01:30 pm LOB 206-208
  3. Jan 24, 2025House==RECESSED== Executive Session: 01/24/2025 02:00 pm LOB 206-208
  4. Jan 31, 2025House==CONTINUED== Executive Session: 01/31/2025 01:30 pm LOB 206-208
  5. Feb 5, 2025HouseRetained in Committee
  6. Oct 17, 2025HouseExecutive Session: 10/17/2025 10:00 am GP 228
  7. Oct 17, 2025HouseMajority : Inexpedient to Legislate 10/17/2025 (Vote 11-6; RC) HC 51 P. 43
  8. Nov 4, 2025HouseMinority : Ought to Pass with Amendment # 2025-3007h
  9. Jan 8, 2026HouseInexpedient to Legislate: MF RC 159-182 01/08/2026 HJ 2 P. 67
  10. Jan 8, 2026HouseAmendment # 2025-3007h: AA VV 01/08/2026 HJ 2 P. 69
  11. Jan 8, 2026HouseOught to Pass with Amendment 2025-3007h: MA VV 01/08/2026 HJ 2 P. 69
  12. Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Finance; SJ 2
  13. Feb 17, 2026SenHearing: 02/17/2026, Room 103, SH, 01:40 pm; SC 6
  14. Mar 5, 2026SenCommittee Report: Inexpedient to Legislate, 03/05/2026, Vote 8-0, CC; SC 8
  15. Mar 5, 2026SenHB 104 was Removed from the Consent Calendar; 03/05/2026; SJ 5
  16. Mar 5, 2026SenSen. Gray Moved to Indefinitely Postpone; 03/05/2026; SJ 5
  17. Mar 5, 2026SenIndefinitely Postpone: MA, VV; 03/05/2026; SJ 5

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.