CHAPTER 11

HB 102 - FINAL VERSION

8feb01...0005h

2001 SESSION

01-0016

05/01

HOUSE BILL 102

AN ACT allowing bankruptcy judges to perform marriages after obtaining a special license.

SPONSORS: Rep. Foster, Hills 10; Rep. Dokmo, Hills 14

COMMITTEE: Children and Family Law

ANALYSIS

This bill allows federal bankruptcy judges, who are appointed pursuant to Article I of the United States Constitution, to perform marriage ceremonies after obtaining a special license. Existing law permits federal judges appointed pursuant to Article III of the United States Constitution and federal magistrates to perform marriage ceremonies after obtaining a special license.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8feb01...0005h

01-0016

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT allowing bankruptcy judges to perform marriages after obtaining a special license.

Be it Enacted by the Senate and House of Representatives in General Court convened:

11:1 Solemnization of Marriages; Federal Bankruptcy Judges Added. Amend RSA 457:31 to read as follows:

457:31 Who May Solemnize. Marriage may be solemnized by a justice of the peace as commissioned in the state; by any minister of the gospel in the state who has been ordained according to the usage of his or her denomination, resides in the state, and is in regular standing with the denomination; by any clergyman who is not ordained but is engaged in the service of the religious body to which he or she belongs, resides in the state, after being licensed therefor by the secretary of state; within his or her parish, by any minister residing out of the state, but having a pastoral charge wholly or partly in this state; by judges of the United States appointed pursuant to Article III of the United States Constitution, by bankruptcy judges appointed pursuant to Article I of the United States Constitution, or by United States magistrate judges appointed pursuant to federal law.

11:2 License and Fee; Federal Bankruptcy Judges Added. Amend RSA 457:32-a to read as follows:

457:32-a Judges of the United States. The secretary of state may issue a special license to a judge of the United States residing in this state who is appointed pursuant to Article III of the United States Constitution, to a judge of the United States Bankruptcy Court residing in this state and appointed pursuant to Article I of the United States Constitution, or to a United States magistrate judge residing in this state and appointed pursuant to federal law, to marry a couple within the state. There shall be a fee of $25 for each such license, and the secretary of state shall maintain a record of all such special licenses issued. A copy of the marriage license of the couple proposed to be married shall be filed with the secretary of state who shall maintain a permanent record of all such marriage licenses and the name and residence of the judge or magistrate performing the ceremony.

11:3 Effective Date. This act shall take effect upon its passage.

(Approved: April 24, 2001)

(Effective Date: April 24, 2001)