HB 1408 – AS INTRODUCED

2012 SESSION

12-2709

05/09

HOUSE BILL 1408

AN ACT establishing a commission to study the judicial branch family division.

SPONSORS: Rep. Jennifer Coffey, Merr 6; Rep. Baldasaro, Rock 3; Rep. Merrick, Coos 2; Rep. Itse, Rock 9; Rep. Oligny, Rock 8; Rep. C. McGuire, Merr 8; Sen. Carson, Dist 14

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a commission to study the funding and administration of the judicial branch family division.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2709

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT establishing a commission to study the judicial branch family division.

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

1 New Section; Judicial Branch Family Division. Amend RSA 490-D by inserting after section 15 the following new section:

490-D:16 Commission Established.

I. There is established a commission to study the judicial branch family division.

II.(a) The members of the commission shall be as follows:

(1) Three members of the house of representatives, one of whom shall be a member of the judiciary committee, one of whom shall be a member of the criminal justice committee, and one of whom shall be a member of the children and family law committee, appointed by the speaker of the house of representatives.

(2) Two members of the senate, one of whom shall be a member of the health and human services committee and one of whom shall be a member of the judiciary committee, appointed by the senate president.

(3) Five members of the public, one of whom shall be appointed by each executive councilor.

(4) One member of the public, appointed by the governor.

(b) Public members of the commission shall not be affiliated with law enforcement, attorneys, judges, guardians ad litem, or the legal community. Members of the commission shall serve without compensation, except that members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. The commission shall:

(a) Identify the amount and source of funds expended by the judicial branch on the administration of children and family law cases.

(b) Review the cooperative agreement between the administrative office of the courts and the department of health and human services, required pursuant to 2011, 223:7, and the purpose and amount of any payments made pursuant to the agreement.

(c) Consider whether eligibility for federal funds may influence state child support enforcement activities and the operation of the judicial branch family division.

(d) Review citizen complaints against the family division and make recommendations to improve the relationship between the judicial branch and the public, including proposed legislation to support positive family relations and child care environments within families.

(e) Review current laws and practices of the judicial branch family division to ensure equal treatment regardless of gender, race, religion, or sexual preference.

(f) Solicit information from any person or entity the commission deems relevant to the study.

IV. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2012.

2 Repeal. RSA 490-D:16, relative to the commission on the judicial branch family division, is repealed.

3 Effective Date.

I. Section 2 of this act shall take effect January 1, 2013.

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