CHAPTER 100

SB 427 – FINAL VERSION

29Apr2004… 1323h

2004 SESSION

04-3066

09/01

SENATE BILL 427

AN ACT relative to legal recognition of out-of-state marriages and establishing a commission to examine all aspects of same sex civil marriage and its legal equivalents.

SPONSORS: Sen. Prescott, Dist 23; Sen. Barnes, Dist 17; Sen. Kenney, Dist 3; Sen. Johnson, Dist 2; Rep. Letourneau, Rock 77; Rep. Brassard, Hills 50

COMMITTEE: Public Institutions, Health and Human Services

AMENDED ANALYSIS

This bill recognizes any legally contracted out-of-state marriage which would not be prohibited under New Hampshire law.

This bill establishes a commission to examine all aspects of same sex civil marriage and its legal equivalents.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Apr2004… 1323h

04-3066

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to legal recognition of out-of-state marriages and establishing a commission to examine all aspects of same sex civil marriage and its legal equivalents.

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

100:1 Recognition of Out-of-State Marriages. RSA 457:3 is repealed and reenacted to read as follows:

457:3 Recognition of Out-of-State Marriages. Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:1 or RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:1 or RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section.

100:2 Commission Established. There is established a commission to study all aspects of same sex civil marriage and the legal equivalents thereof, whether referred to as civil unions, domestic partnerships, or otherwise.

100:3 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Four members of the house of representatives, appointed by the speaker of the house.

(b) Four members of the senate, appointed by the president of the senate.

(c) The attorney general, or designee.

(d) One representative from the department of health and human services, appointed by the commissioner of health and human services.

(e) One representative of the governor’s office, appointed by the governor.

(f) Four public members, 2 of whom shall be appointed by the speaker of the house and 2 of whom shall be appointed by the president of the senate.

(g) The chief justice of the superior court, or designee.

(h) The administrative judge of the probate courts, or designee.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

100:4 Duties. The commission shall examine all aspects of same sex civil marriage and the legal equivalent thereof, whether referred to as civil unions, domestic partnerships, or otherwise. The commission’s study shall include, but shall not be limited to:

I. All the legal and policy implications of extending some or all of the rights and responsibilities of marriage to same sex couples.

II. Examination of all issues of civil rights, responsibilities, laws, and legal obligations related to same sex unions, including the applicability of the laws of other states to New Hampshire.

100:5 Chairperson; Quorum; Notice of Meetings.

I. The commission shall choose a chairperson, vice-chairperson, and clerk at its first meeting. The clerk shall keep a complete record of the proceedings of the commission and may call upon the resources of the legislature for assistance.

II. The first meeting of the commission shall be called by the first-named house member and shall be held within 45 days of the effective date of this section. A majority of the members of the commission shall constitute a quorum.

III. Notice of all commission meetings shall be printed in the house and senate calendars. Commission meetings shall be open to the public.

100:6 Report. The commission shall make a final report to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2005.

100:7 Effective Date. This act shall take effect upon its passage.

(Approved: May 14, 2004)

(Effective Date: May 14, 2004)