Revision: March 11, 2009, midnight
SB 163-FN-LOCAL – AS INTRODUCED
2009 SESSION
09/10
SENATE BILL 163-FN-LOCAL
AN ACT relative to powers of justices of the peace.
SPONSORS: Sen. Gallus, Dist 1; Sen. Barnes, Jr., Dist 17; Sen. Carson, Dist 14; Rep. H. Richardson, Coos 2
COMMITTEE: Executive Departments and Administration
This bill limits the powers of justices of the peace to administering oaths, performing marriage ceremonies, and acknowledging instruments.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0863
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to powers of justices of the peace.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Justices of the Peace; Powers. Amend RSA 455-A:3 to read as follows:
455-A:3 Powers. Every justice of the peace shall have the power to administer oaths, perform marriage ceremonies, and acknowledge instruments[, and any other power prescribed by law]. A justice of the peace signing an acknowledgment or jurat on any document or instrument shall type, print, or stamp the name of the justice of the peace and state the expiration date of his or her commission on the document or instrument. However, failure to meet these requirements shall not impair the legal validity of any acknowledgment or jurat.
2 Involuntary Emergency Admission Examination. Amend RSA 135-C:28, II to read as follows:
II. Upon request for involuntary emergency admission by a petitioner, if the person sought to be admitted refuses to consent to a mental examination, a petitioner or a law enforcement officer may sign a complaint which shall be sworn to before a [justice of the peace] judge. The complaint shall be submitted to the [justice of the peace] judge with the petition. The petition shall state in detail the acts or actions of the person sought to be admitted which the petitioner has personally observed or which have been personally reported to the petitioner and in his or her opinion require a compulsory mental examination. If the [justice of the peace] judge finds that a compulsory mental examination is necessary, the [justice] judge may order the examination.
3 Custody and Transportation. Amend RSA 135-C:62, I(b) to read as follows:
(b) Upon issuance by a [justice of the peace] judge of an order for a compulsory mental examination pursuant to RSA 135-C:28, II;
4 State Fire Marshal; Investigations. Amend RSA 153:18 to read as follows:
153:18 Investigations. The state fire marshal may, in addition to the reports made by any fire chief, whenever the state fire marshal deems it expedient or advisable, investigate or cause to be investigated, the cause, circumstances, and origin of any fire or building collapse occurring in the state, by which property is endangered, damaged, or destroyed, or any incident involving the release of carbon monoxide other than from a motor vehicle, and may especially examine and decide whether the same was the result of carelessness, design, or deliberate act. The state fire marshal shall have the power vested in a [justice of the peace] judge to compel the attendance of witnesses to testify upon an inquiry. Any fire, building collapse, or release of carbon monoxide other than from a motor vehicle occurring where death results shall be reported immediately to the office of the state fire marshal by the fire chief, and the office of the state fire marshal shall investigate the fire, building collapse, or release of carbon monoxide within 48 hours after receiving said report.
5 Liquor Commission; Hearings and Investigations. Amend RSA 179:56, I to read as follows:
I. The commission shall adopt and publish rules pursuant to RSA 541-A, to govern its proceedings and to regulate the mode and manner of all investigations and hearings before it. All hearings before the commission shall be in accordance with RSA 541-A:31-36. In any such investigation or hearing the commission shall not be bound by the technical rules of evidence. The commission, or any member, may subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and may compel, by subpoena, the production of any accounts, books, contracts, records, documents, memoranda and papers of any kind whatever. Witnesses summoned before the superior court, and such summons issued by any [justice of the peace] judge shall have the same effect as though issued for appearance before such court.
6 Dissolution of School Districts; Meetings. Amend RSA 194:43 to read as follows:
194:43 Meetings. Any [justice of the peace] judge may, upon application of 3 or more voters, resident within the limits of the dissolved district, call a meeting thereof in the same manner as other school district meetings are called, at which a moderator, clerk, and agents may be chosen and any other business transacted for the purposes mentioned in RSA 194:41.
7 Encumbrances on Highways; Notice; Complaint. Amend RSA 236:35 to read as follows:
236:35 Notice; Complaint. The official may, if he or she chooses, give reasonable notice to the owner or person leaving any such encumbrance to remove the same; and upon his or her neglect or refusal, or if he or she is unknown, may make complaint thereof to a [justice of the peace] judge.
8 Proprietors of Common Land; Warning Meeting by Justice. Amend RSA 303:17 to read as follows:
303:17 Warning Meeting by Justice. When by mistake or accident, or otherwise, the proprietors of common lands fail to hold their annual meeting, or where no mode for calling special meetings is provided, one or more of the proprietors may apply in writing to any [justice of the peace] judge, requesting him or her to call a meeting.
9 Joint Board of Licensure and Certification. Amend RSA 310-A:83 to read as follows:
310-A:83 Additional Powers. The board shall adopt and have an official seal. The board shall have the power to subpoena witnesses and compel, by subpoena duces tecum, the production of books, papers, and documents in a case involving the revocation of registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. Such subpoenas issued by any member of the board or by any [justice of the peace] judge shall have the same effect as though issued for appearance before the superior court.
10 Licensed Dietitians; Hearings. Amend RSA 326-H:17, III to read as follows:
III. Witnesses summoned before the board shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any [justice of the peace] judge shall have the same effect as though issued for appearance before such court.
11 Petroleum; Naptha and Illuminating Oils; Search. Amend RSA 338:28 to read as follows:
339:28 Search. Upon complaint made to a [municipal] court[, or to a justice of the peace,] by the mayor or an alderman of any city, or by a selectman of any town, or by an inspector appointed under the provisions of this chapter, or by an engineer of a fire department, fireward, chief of police or city marshal, that he or she has probable cause to suspect, and does suspect, that any of the articles enumerated in this subdivision are offered for sale, or are deposited and kept within the limits of the city or town, contrary to the provisions hereof, the court [or justice] may issue a warrant directed to any such officer, or to any sheriff, deputy sheriff, constable or police officer, ordering him or her to enter any shop, warehouse, manufactory, or other building specified in the warrant to make diligent search for such articles, and to make return of his or her doings to the court [or justice] forthwith.
12 Public Utilities Commission; Witnesses Amend RSA 365:11 to read as follows:
365:11 Witnesses. Witnesses summoned before the commission shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any [justice of the peace] judge shall have the same effect as though issued for appearance before such court.
13 Water Pollution and Waste Disposal; Enforcement; Witnesses. Amend RSA 485-A:21 to read as follows:
485-A:21 Witnesses; Perjury. Witnesses summoned before the department shall be paid the same fee as witnesses summoned to appear before the superior court, and such summons issued by any [justice of the peace] judge shall have the same effects as though issued for appearance in court. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by [him] such person in his or her testimony.
14 Issuance of Warrants. Amend RSA 592-A:5 to read as follows:
592-A:5 [Justice of the Peace] Judges’ Issuance of Warrants Throughout the State. [A justice of the peace] Any judge throughout the state may issue his or her warrant for any offense committed in any county, which may be directed to the sheriff of any county or his or her deputy or to any constable or police officer of any town in the state.
15 Warrants. Amend RSA 592-A:8 to read as follows:
592-A:8 Warrants. A [justice of the peace or] justice of the district [or municipal] court, upon such complaint, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his or her deputy or to any constable or police officer of any town in the county.
16 Other Returns. Amend RSA 592-A:10 to read as follows:
592-A:10 Other Returns. In other cases than those provided for in RSA 592-A:9, the warrant shall require the offender to be brought before [the justice of the peace issuing it if the offense is one over which he has jurisdiction, or to] a district [or municipal] court or some justice [of the peace] especially designated for trial or examination.
17 Ballot Law Commission; Witness Fees. Amend RSA 665:13 to read as follows:
665:13 Witness Fees. Witnesses summoned before the commission shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any [justice of the peace] judge shall have the same effect as though issued for appearance before such court.
18 Repeal. RSA 21:12, relative to justice, is repealed.
19 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0863
Revised 02/10/09
SB 163 FISCAL NOTE
AN ACT relative to powers of justices of the peace.
FISCAL IMPACT:
The Judicial Branch and Department of State state this bill will increase state expenditures and may decrease state revenues by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Judicial Branch states this bill limits the powers of justices of the peace to administering oaths, performing marriage ceremonies, and acknowledging instruments. The Branch states while current law authorizes justices of the peace to order an involuntary mental examination, issue warrants, and hear complaints on removal of an encumbrance from a highway, this bill would require a judge for these proceedings. The Branch states these proceedings are most analogous to a class A misdemeanor, which the Branch estimates cost an average of $51.14 in FY 2010 and each year thereafter. The Branch believes under this bill state expenditures will increase by over $10,000 annually. However, with no information to estimate how many proceedings justices of the peace currently handle regarding involuntary emergency admissions, warrants, or removal of an encumbrance from a highway, the fiscal impact cannot be determined at this time.
The Branch states other sections of the bill remove the powers of justices of the peace to issue subpoenas, requiring a judge for these proceedings. The Branch has no analogous proceedings upon which to estimate a cost for each subpoena issued by a judge, but states both judicial and clerical time will be incurred for each such subpoena. With no information to estimate how many subpoena proceedings justices of the peace currently handle, the fiscal impact cannot be determined at this time.
Two sections of the bill remove the powers of justices of the peace to call a meeting of a governmental body, requiring a judge for these proceedings. The Branch states an analogous proceeding is a petition to the superior court for a town or school meeting, which is classified as a routine equity case in superior court. The average cost to the Branch for a routine equity case will be $184.21 in FY 2010 and each year thereafter. If this bill resulted in 55 additional cases annually, costs to the Branch would increase by $10,000; however, with no information to estimate how often justices of the peace call meetings, the fiscal impact cannot be determined at this time.
The Department of State states this bill may reduce the number of individuals applying to become justices of the peace, thereby decreasing state revenues from the application fee by an indeterminable amount in FY 2010 and each year thereafter.