Bill Text: NH HB295 | 2019 | Regular Session | Amended


Bill Title: Establishing a special marriage officiant license and relative to the assignment of temporary justices to the supreme court.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed) 2019-06-20 - Conference Committee Report; Not Signed Off; Senate Journal 21 [HB295 Detail]

Download: New_Hampshire-2019-HB295-Amended.html

HB 295-FN-A - AS AMENDED BY THE SENATE

 

05/30/2019   1966s

2019 SESSION

19-0015

05/04

 

HOUSE BILL 295-FN-A

 

AN ACT establishing a special marriage officiant license and relative to the assignment of temporary justices to the supreme court.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Butler, Carr. 7; Rep. Altschiller, Rock. 19; Rep. DiLorenzo, Rock. 17; Rep. Schultz, Merr. 18; Rep. Frost, Straf. 16; Rep. McConnell, Rock. 11; Rep. Bushway, Rock. 21; Sen. Fuller Clark, Dist 21; Sen. Chandley, Dist 11; Sen. Hennessey, Dist 5; Sen. Carson, Dist 14

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill establishes a special marriage officiant license which temporarily authorizes an individual to solemnize a marriage.  A portion of the license fee shall be deposited in the fund for domestic violence programs.  The bill also permits a retired supreme court justice who is under the age of 75 to serve as a temporary justice on the court.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/30/2019   1966s 19-0015

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing a special marriage officiant license and relative to the assignment of temporary justices to the supreme court.

 

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

 

1  New Section; Solemnization of Marriage; Special Marriage Officiant License.  Amend RSA 457 by inserting after section 32-a the following new section:

457:32-b  Special Marriage Officiant License.

I.  The secretary of state may issue a special marriage officiant license to temporarily authorize an individual to solemnize a marriage in this state.  Any individual who applies for a special marriage officiant license shall register with the secretary of state, complete the registration form prescribed by the secretary of state, and submit an $85 fee to the department of state.  The secretary of state shall forward $80 of the fee to the department of health and human services for deposit in the fund for domestic violence programs, established in RSA 173-B:15, and shall retain the remainder of the fee for administrative costs associated with issuance of the license.

II.  Upon registration as a special marriage officiant, the individual shall be authorized to solemnize only the civil marriage designated on the registration form and shall receive proof of such authority from the secretary of state.  The individual's authority to solemnize the marriage shall expire at the same time as the corresponding license.

2  Disqualification; Temporary Justices.  Amend RSA 490:3, II to read as follows:

II.  Upon the retirement, disqualification, or inability to sit of any justice of the supreme court, the chief justice, or if necessary, the senior associate justice of the supreme court may assign a retired justice of the supreme court who [has retired from regular active service] is under the age of 75 or, if a retired supreme court justice is [unavailable] unable or willing, shall assign a justice of the superior court who has retired from regular active service to sit during supreme court sessions while the vacancy continues.  The selection of a retired supreme or superior court justice shall be on a random basis.  However if no retired supreme or superior court justice is available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the superior court.  In the event that no superior court justices are available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the district and probate courts.  The clerk of the supreme court shall maintain a list of superior, probate, and district court judges who are willing to serve as temporary supreme court judges.

3  Effective Date.

I.  Section 1 of this act shall take effect 60 days after its passage.

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

 

LBAO

19-0015

12/10/18

 

HB 295-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a special marriage officiant license.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$59,100

$59,100

$59,100

$59,100

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Special fund for domestic violence programs (RSA 173-B:15)

 

METHODOLOGY:

This bill would authorize the Secretary of State to issue a special marriage officiant license to temporarily authorize an individual to solemnize a marriage in this state.  The legislation requires completion of a registration form and submission of an $85 fee, $80 which is to be forwarded to the Department of Health and Human Services for deposit in the fund for domestic violence programs established in RSA 173-B:15, and $5 to be retained by the Secretary of State for administrative costs associated with the issuance of the license.

 

The Department of Health and Human Services states the number of licenses that would be requested is unknown.  No additional staff would be needed to forward the funds for deposit in the fund for domestic violence programs but the task would require a re-allocation of existing staff time for this purpose within the current budget.

 

The Secretary of State's Office assumes that the individuals obtaining the proposed license would be the same ones who obtain on-line ordained minister credentials to qualify for the special marriage solemnization license issued to ordained ministers.  The fee for that license is $25.  It is estimated that 985 individuals apply for the existing license annually, generating approximately $24,625 per year (985 x $25).  This revenue currently goes to the general fund.  The Secretary of State assumes under the bill, the same number of applicants (985) will now pay $85 and will generate $83,725 (985 x $85 = $83,725).  Of this amount, $78,800 (985 x $80 = $78,800) would go to the domestic violence fund.  The Secretary of State assumes $4,925 (985 x $5 =$4,925) would be retained by the Secretary of State for deposit into the general fund.  

 

 

 

AGENCIES CONTACTED:

Department of State and Department of Health and Human Services

 

feedback