HB1361 (2008) Detail

Requiring the continuation of the appointment of marital masters by election within the judicial district and requiring marital masters to be New Hampshire residents.


HB 1361-FN – AS INTRODUCED

2008 SESSION

08-2205

09/04

HOUSE BILL 1361-FN

AN ACT requiring the continuation of the appointment of marital masters by election within the judicial district and requiring marital masters to be New Hampshire residents.

SPONSORS: Rep. Emiro, Rock 3

COMMITTEE: Judiciary

ANALYSIS

This bill requires the continuation of the appointment of marital masters by election within the judicial district. The bill also requires marital masters to be New Hampshire residents.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2205

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT requiring the continuation of the appointment of marital masters by election within the judicial district and requiring marital masters to be New Hampshire residents.

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

1 Initial Appointment and Election of Marital Masters. Amend RSA 490-D:7 to read as follows:

490-D:7 Initial Nominations and Appointments of Marital Masters; Election for Renewal of Appointment.

I. The administrative judge of the judicial branch family division shall recommend persons to the governor and council for initial appointment as marital masters. In recommending candidates for initial appointment as marital masters under this chapter, the division shall utilize the procedures and standards described in superior court rules in effect as of July 1, 2004, except as otherwise provided in this chapter.

II. For appointments of new marital masters, the administrative judge of the judicial branch family division shall submit to the governor the name of a nominee. The governor may accept the candidate nominated by the administrative judge and submit the candidate to the council for confirmation or may reject the candidate submitted by the administrative judge, and request a new nominee. If the council rejects a candidate for confirmation, the governor shall request a new nominee.

III. Marital masters shall serve an initial term of 3 years. [Subsequent reappointments shall be made in accordance with judicial branch family division rules.] After the initial term, the appointment may be renewed for a 2-year term by election of the voters within the judicial district in which the marital master serves. During appointment terms, the authority and responsibility to conduct annual performance reviews, and termination, if necessary, shall be with the administrative judge of the judicial branch family division.

2 New Paragraph; Qualifications of Marital Masters; Residency. Amend RSA 490-D:8 by inserting after paragraph II the following new paragraph:

III. Each marital master shall be a resident of this state upon appointment and throughout each term of appointment.

3 Effective Date. This act shall take effect 30 days after its passage.

LBAO

08-2205

11/16/07

HB 1361-FN - FISCAL NOTE

AN ACT requiring the continuation of the appointment of marital masters by election within the judicial district and requiring marital masters to be New Hampshire residents.

FISCAL IMPACT:

      The Office of the Secretary of State indicates this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. The NH Municipal Association states this bill may increase local expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue or county expenditures.

METHODOLOGY:

    The Office of the Secretary of State indicates this bill requires an election for marital masters every two years after their initial term. The Secretary of State is unable to determine the fiscal impact of this bill on State general fund expenditures because it is not known who would conduct the election or when the election would be held.

    The NH Municipal Association is unable to determine the fiscal impact of this bill on local expenditures because it is not known what judicial districts are or who would be responsible for organizing and running the elections.