HB372 (2018) Detail

Relative to construction of the terms "resident," "inhabitant," "residence," and "residency."


HB 372 - AS AMENDED BY THE SENATE

 

01/03/2018   2536s

2017 SESSION

17-0010

03/08

 

HOUSE BILL 372

 

AN ACT relative to construction of the terms "resident," "inhabitant," "residence," and "residency."

 

SPONSORS: Rep. Bates, Rock. 7

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill modifies the general statutory definitions of "resident or inhabitant" and "residence or residency."

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/03/2018   2536s 17-0010

03/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to construction of the terms "resident," "inhabitant," "residence," and "residency."

 

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

 

1  Purpose.  New Hampshire's constitution uses the terms "domicile," "residence," "resident," and "inhabitant" to recognize or establish specific rights and responsibilities.  New Hampshire's supreme court has construed the statutory definitions for these terms to create different meanings for the terms residence and domicile.  Therefore, under current law, a person who is not a resident of New Hampshire can vote and hold public office in New Hampshire.  A nonresident voter or office holder is not subject to the responsibilities imposed on voters and public office holders who are residents of New Hampshire.  The statutory definitions for these terms, other than the inclusion of a requirement that a resident has manifested an intent to remain in New Hampshire for the indefinite future, are substantially the same.  Laws that permit a nonresident to vote and hold public office are confusing and contradict the basic premise of government of the people, by the people, and for the people.  As amended by the general court and construed by the courts, these terms create different classes of voters, those subject to the obligations imposed on residents and those that are not.  The use of the terms has evolved away from the plain meaning of these words.  The general court has determined that all similarly situated people should be treated equally, sharing equally in rights and responsibilities.  Accordingly, the terms residence, domicile, and inhabitant shall have the same meaning for all purposes in statute, unless the law explicitly establishes a different meaning for a specific limited purpose.  A person must be a resident of New Hampshire to vote or hold office in New Hampshire.

2  Statutory Construction; Resident; Inhabitant.  Amend RSA 21:6 and 21:6-a to read as follows:

21:6  Resident; Inhabitant.  A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled [or has a place of abode or both] in this state and in any city, town, or other political subdivision of this state, and who has, through all of his or her actions, demonstrated a current intent to designate that [place of abode] domicile as his or her principal place of physical presence [for the indefinite future] to the exclusion of all others.  

21:6-a  Residence.  Residence or residency shall mean a person's place of [abode or] domicile.  [The] This place of abode or domicile [is] must be that [designated by a person] place the person has, through all of his or her actions, demonstrated a current intent to designate as his or her principal place of physical presence [for the indefinite future] to the exclusion of all others.  Such residence or residency shall not be interrupted or lost by a temporary absence from it, if there is an intent to return to such residence or residency [as the principal place of physical presence].

3  New Section; Severability.  Amend RSA 654 by inserting after section 46 the following new section:

654:47  Severability.  If any provision within this statutory chapter, or if any penalty associated with any provision within this statutory chapter, is held invalid, in whole or in part, either on its face or as applied to any person or circumstance, the invalidity shall not affect any other provisions or applications of this statutory chapter that can be given effect without the invalid provisions, and to this end, the provisions of this statutory chapter shall be severable.

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

Links

HB372 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 House Hearing
Feb. 22, 2017 House Exec Session
March 8, 2017 House Floor Vote
March 21, 2017 Senate Hearing
Jan. 3, 2018 Senate Floor Vote
Senate Floor Vote

Bill Text Revisions

HB372 Revision: 2836 Date: Jan. 3, 2018, 1:29 p.m.
HB372 Revision: 2520 Date: Jan. 30, 2017, 8:16 a.m.

Docket


: Conference Committee Report; Not Signed Off; SJ 18


May 17, 2018: ==CONTINUED== Conference Committee Meeting: 05/17/2018 10:00 AM LOB 308


May 10, 2018: Conferee Change: Rep. Negron Replaces Rep. Silber 05/10/2018


May 10, 2018: Conferee Change: Rep. Hill Replaces Rep. Wells 05/10/2018


May 15, 2018: ==RECESSED== Conference Committee Meeting: 05/15/2018 11:45 AM SH 103


May 10, 2018: President Appoints: Senators Birdsell, Gray, Soucy; (In Recess 05/10/2018); SJ 18


May 10, 2018: Sen. Gray Accedes to House Request for Committee of Conference, MA, VV; (In recess 05/10/2018); SJ 18


April 26, 2018: Speaker Appoints: Reps. B. Griffin, Freeman, Wells, Silber 04/26/2018 HJ 14 P. 2


April 26, 2018: House Non-Concurs with Senate Amendment 2536s and Requests CofC (): MA VV 04/26/2018 HJ 14 P. 2


Jan. 3, 2018: Ought to Pass with Amendment 2017-2536s, RC 14Y-9N, MA; OT3rdg; 01/03/2018; SJ 1


Jan. 3, 2018: Committee Amendment # 2017-2536s, RC 14Y-9N, AA; 01/03/2018; SJ 1


Jan. 3, 2018: Committee Report: Ought to Pass with Amendment # 2017-2536s, 01/03/2018; SC 48


May 31, 2017: Rereferred to Committee, MA, VV; 05/31/2017; SJ 18


May 31, 2017: Committee Report: Rereferred to Committee, 05/31/2017; Vote 5-0; CC; SC 25


March 21, 2017: Hearing: 03/21/2017, Room 102, LOB, 11:20 am; SC 15


March 9, 2017: Introduced 03/09/2017 and Referred to Election Law and Internal Affairs; SJ 9


March 8, 2017: Ought to Pass: MA RC 188-163 03/08/2017 HJ 9 P. 83


: Minority Committee Report: Inexpedient to Legislate


March 8, 2017: Majority Committee Report: Ought to Pass for 03/08/2017 (Vote 11-9; RC)


Feb. 22, 2017: Executive Session: 02/22/2017 10:00 AM LOB 308


Feb. 7, 2017: Public Hearing: 02/07/2017 10:00 AM LOB 308


Jan. 5, 2017: Introduced 01/05/2017 and referred to Election Law HJ 3 P. 11