CHAPTER 60

HB 310-FN – FINAL VERSION

05/06/09 1523s

06May2009… 1579eba

2009 SESSION

09-0667

09/05

HOUSE BILL 310-FN

AN ACT relative to reimbursement of mileage for judges and marital masters and relative to civil marriage and civil unions.

SPONSORS: Rep. Cote, Hills 23

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes that judges and marital masters will be reimbursed for mileage to commute from their residences to their assigned courts only if the mileage is in excess of 50 miles each way. Currently judges and marital masters are reimbursed for mileage to commute if it is in excess of 25 miles each way. This bill also modifies provisions of HB 436-FN-LOCAL relative to the solemnization of marriages and affirmation of freedom of religion in marriage.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/06/09 1523s

06May2009… 1579eba

09-0667

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to reimbursement of mileage for judges and marital masters and relative to civil marriage and civil unions.

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

60:1 Supreme Court Justices; Expenses. Amend RSA 490:18 to read as follows:

490:18 Expenses. The justices shall be entitled to receive their actual personal expenses when absent from the court in the performance of their official duties. A justice who resides more than 50 miles from the court may be reimbursed for money paid for office rent. The justices shall not be reimbursed for mileage to commute from the justice’s residence to the court except for any mileage in excess of [25] 50 miles each way. A temporary justice shall be entitled to receive the same expenses and reimbursements, except for office rent, for the period of such service.

60:2 Judicial Branch Family Division; Marital Masters’ Expenses. Amend RSA 490-D:15 to read as follows:

490-D:15 Marital Masters’ Expenses. The marital masters shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The marital masters shall not be reimbursed for mileage to commute from the marital master’s residence to their assigned court except for any mileage in excess of [25] 50 miles each way.

60:3 Superior Court Justices and Marital Masters; Expenses. Amend RSA 491:6-a to read as follows:

491:6-a Superior Court Justices and Marital Masters; Expenses. The justices and marital masters shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The justices and marital masters shall not be reimbursed for mileage to commute from the justice’s or marital master’s residence to their assigned court except for any mileage in excess of [25] 50 miles each way.

60:4 District Court Justices’ Expenses. Amend RSA 502-A:6-c to read as follows:

502-A:6-c District Court Justices Expenses. The justices shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The justices shall not be reimbursed for mileage to commute from the justice’s residence to their assigned court except for any mileage in excess of [25] 50 miles each way.

60:5 Probate Court Judges’ Expenses. Amend RSA 547:22-b to read as follows:

547:22-b Probate Court Judges Expenses. The judges shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The judges shall not be reimbursed for mileage to commute from the judge’s residence to their assigned court except for any mileage in excess of [25] 50 miles each way.

60:6 New Section; Solemnization of Marriage; Applicability. Amend RSA 457 by inserting after section 31-a the following new section:

457:31-b Solemnization of Marriage; Applicability.

I. Nothing contained in this chapter shall affect the right of Jewish Rabbis residing in this state, or of the people called Friends or Quakers, to solemnize marriages in the way usually practiced among them, and all marriages so solemnized shall be valid. Jewish Rabbis residing out of the state may obtain a special license as provided by RSA 457:32.

II. Nothing in this chapter shall be construed to prohibit a person authorized to solemnize a marriage in a religious ceremony from solemnizing a marriage in a civil ceremony.

60:7 Affirmation of Freedom of Religion in Marriage. Amend RSA 457:37 to read as follows:

457:37 Affirmation of Freedom of Religion in Marriage.

I. Members of the clergy as described in RSA 457:31 or other persons otherwise authorized under law to solemnize a marriage shall not be obligated or otherwise required by law to officiate at any particular civil marriage or religious rite of marriage in violation of their right to free exercise of religion protected by the First Amendment to the United States Constitution or by part I, article 5 of the New Hampshire constitution.

II. No religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall be required to participate in a ceremony solemnizing marriage in violation of the religious beliefs of such organization, association, or society.

60:8 Contingency. If HB 436-FN-LOCAL of the 2009 regular legislative session becomes law, sections 6 and 7 of this act shall take effect January 1, 2010 at 12:01 a.m. and section 9 of HB 436-FN-LOCAL, relative to the repeal of civil unions, shall, notwithstanding section 10 of HB 436-FN-LOCAL, take effect January 1, 2011. If HB 436-FN-LOCAL of the 2009 regular legislative session does not become law, sections 6 and 7 of this act shall not take effect.

60:9 Effective Date.

I. Sections 1-5 of this act shall take effect 60 days after its passage.

II. Sections 6-7 of this act shall take effect as provided in section 8 of this act.

III. The remainder of this act shall take effect upon its passage.

Approved: June 3, 2009

Effective Date: I. Sections 1-5 shall take effect August 2, 2009.

II. Sections 6-7 shall take effect as provided in section 8.

III. Remainder shall take effect June 3, 2009.