Bill Text - HB118 (2009)

(New Title) relative to periodic payments of judgments, relative to informational filings by pooled risk management programs, and repealing a provision regarding trial de novo in the superior court for violations of securities laws.


Revision: June 25, 2009, midnight

HB 118 – VERSION ADOPTED BY BOTH BODIES

04Mar2009… 0312h

06/03/09 1982s

24Jun2009… 2147cofc

2009 SESSION

09-0796

09/04

HOUSE BILL 118

AN ACT relative to periodic payments of judgments, relative to informational filings by pooled risk management programs, and repealing a provision regarding trial de novo in the superior court for violations of securities laws.

SPONSORS: Rep. McEachern, Rock 16; Rep. Nixon, Hills 17

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill grants a judge discretion to find that a failure to make periodic payments of a judgment is not civil contempt of court.

The bill permits the department of state to make requests for additional information from pooled risk management programs making informational filings for a 2-year period.

This bill also repeals a provision entitling certain persons to a trial de novo in the Merrimack county superior court for violations of securities laws.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0312h

06/03/09 1982s

24Jun2009… 2147cofc

09-0796

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to periodic payments of judgments, relative to informational filings by pooled risk management programs, and repealing a provision regarding trial de novo in the superior court for violations of securities laws.

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

1 Periodic Payments of Judgments. Amend RSA 524:6-a to read as follows:

524:6-a Periodic Payment of Judgments. Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of the defendant as to the defendant’s ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court unless the judge, upon inquiry, finds that the failure was the result of a change in circumstances, or the failure was not intentional or in bad faith, or for other good cause. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant’s ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant.

2 Pooled Risk Management Programs; Information Filing Required. Amend RSA 5-B:4 to read as follows:

5-B:4 Informational Filing Required; Fee. Pooled risk management programs established for the benefit of political subdivisions shall make an informational [only] filing, as defined in RSA 5-B:2, II, with the department and shall pay an annual filing fee of $150. [Nothing contained in this chapter shall be construed as enabling the department to exercise any rulemaking, regulatory or enforcement authority over any pooled risk management program formed or affirmed in accordance with this chapter.] The department may make requests for additional information necessary to exercise regulatory or enforcement authority pursuant to, but not limited to, the hearings procedures under RSA 421-B:26-a over any pooled risk management program formed or affirmed in accordance with this chapter. Pooled workers' compensation and unemployment compensation programs which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments.

3 Repeal. RSA 421-B:26, VII, relative to trial de novo in the Merrimack county superior court for violations of securities laws, is repealed

4 Pooled Risk Management Programs; Information Filing Required. RSA 5-B:4 is repealed and reenacted to read as follows:

5-B:4 Informational Filing Required; Fee. Pooled risk management programs established for the benefit of political subdivisions shall make an informational only filing, as defined in RSA 5-B:2, II, with the department and shall pay an annual filing fee of $150. Nothing contained in this chapter shall be construed as enabling the department to exercise any rulemaking, regulatory or enforcement authority over any pooled risk management program formed or affirmed in accordance with this chapter. Pooled workers’ compensation and unemployment compensation programs which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments.

5 Effective Date.

I. Section 4 of this act shall take effect July 1, 2011.

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

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