HB 1395 – AS INTRODUCED

2012 SESSION

12-2588

09/04

HOUSE BILL 1395

AN ACT revoking amendments to supreme court rules 50 and 50-A.

SPONSORS: Rep. Sorg, Graf 3; Rep. B. Murphy, Rock 18; Rep. Itse, Rock 9; Rep. Mirski, Graf 10; Rep. Ingbretson, Graf 5

COMMITTEE: Judiciary

ANALYSIS

This bill revokes amendments to supreme court rules 50 and 50-A.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2588

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT revoking amendments to supreme court rules 50 and 50-A.

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

1 Amendments to Supreme Court Rules 50 and 50-A Revoked. Pursuant to the authority of the general court under part II, articles 4 and 5 of the New Hampshire constitution, and in the absence of contrary authority of the supreme court under article 73-a thereof, the amendments to supreme court rules 50 and 50-A issued by the New Hampshire supreme court on December 29, 2010, to take effect on March 1, 2011, purporting to require attorneys to create or maintain a pooled interest-bearing trust account for clients' funds nominal in amount or to be held for a short period of time, and to remit the interest earned thereby to the New Hampshire Bar Foundation, are hereby declared to be unconstitutional and are rescinded and revoked ab initio.

2 Applicability. Section 1 of this act shall apply as of March 1, 2011 to pooled interest-bearing trust accounts for clients’ funds which were created or maintained by attorneys on or after March 1, 2011, solely due to requirements imposed by the amendments to supreme court rules 50 and 50-A issued by the supreme court on December 29, 2010.

3 Effective Date. This act shall take effect upon its passage.