Bill Text - HB1294 (2018)

Relative to religious societies.


Revision: May 2, 2018, 3:08 p.m.

HB 1294 - AS AMENDED BY THE SENATE

 

6Mar2018... 0635h

05/02/2018   1775s

2018 SESSION

18-2122

05/10

 

HOUSE BILL 1294

 

AN ACT relative to religious societies.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. M. Pearson, Rock. 34; Sen. French, Dist 7

 

COMMITTEE: Ways and Means

 

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AMENDED ANALYSIS

 

This bill repeals certain obsolete statutes relative to the powers and authority of religious societies.  The bill also repeals the majority of RSA 307, relative to pew ownership and the sale and repair of meetinghouses.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0635h

05/02/2018   1775s 18-2122

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to religious societies.

 

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

 

1  Religious Societies; Membership.  Amend RSA 306:1 to read as follows:

306:1  Membership.  No person shall be liable as a member of an incorporated religious society without his or her express consent first having been obtained; and any person may separate from any such society [by leaving with the clerk thereof a written notice signed by him of his intention so to separate, and by paying all legal assessments and arrearages then due from him to the society].

2  Religious Societies; Conveyances.  Amend RSA 306:7 to read as follows:

306:7  Conveyances.  No conveyance of the lands of a church shall be effectual to pass the same [if made by the trustees or deacons] without the consent of the church, or a committee of the church appointed for that purpose[, or if made by the church wardens without the consent of the vestry].

3  Religious Societies; By Minister.  Amend RSA 306:8 to read as follows:

306:8  By Minister.  No conveyance made by a minister of lands held by him or her in succession shall be valid any longer than he or she shall continue to be such minister unless the conveyance shall be made with the consent of the parish or religious society of which he or she is minister[, or unless he is a minister of an Episcopal church and shall make the conveyance with the consent of the vestry].

4  Religious Societies; Accounts.  Amend RSA 306:9 to read as follows:

306:9  Accounts.  The several churches[, other than those of the Episcopal denomination,] are authorized to choose committees for the purpose of settling the accounts of the trustees, deacons, and other church officers and, if necessary, to commence and prosecute a suit in the name of the church against the trustees, deacons, or other officers relating to the accounts.

5  Meetinghouses; Sale When Ownership is Uncertain.  Amend RSA 307:7 to read as follows:

307:7 [Other Cases] Sale of Meetinghouse.  If [any such meetinghouse is so owned that the provisions of RSA 307:1-6 will not apply, or it is doubtful whether they will apply] ownership of a meetinghouse is uncertain, the superior court, upon petition of any party interested therein, after due notice and a hearing of all parties in interest who desire to be heard, may order it to be sold and appoint a receiver for the purpose, and may make such further orders as may be necessary to complete the sale and divide the proceeds among the parties according to their respective interests in the property sold.   

6  Repeal.  The following are repealed:

I.  RSA 306:2, relative to taxes raised by religious societies.

II.  RSA 306:3, relative to donations to religious societies.

III.  RSA 306:5, relative to joint donees.

IV.  RSA 306:6, relative to parsonage land.

V.  RSA 306:10, relative to limitations on donations as church income.

VI.  RSA 307:1-6 and RSA 307:8-9, relative to the sale of meetinghouses.

VII.  RSA 307:10-20, relative to the repair, alteration, and removal of meetinghouses.

7  Effective Date.  This act shall take effect 60 days after its passage.