Revision: March 12, 2009, midnight
SB 163-FN-LOCAL – AS AMENDED BY THE SENATE
03/11/09 0554s
2009 SESSION
09/10
SENATE BILL 163-FN-LOCAL
AN ACT establishing a committee to study the 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 establishes a committee to study the powers of justices of the peace.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/11/09 0554s
09-0863
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a committee to study the powers of justices of the peace.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study the powers of justices of the peace.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate judiciary committee, appointed by the president of the senate.
(b) Three members of the house of representatives, at least one of whom shall be a member of the house judiciary committee, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study the current powers of justices of the peace and whether the powers of justices of the peace should be limited to administering oaths, performing marriage ceremonies, and acknowledging instruments.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2009.
6 Effective Date. This act shall take effect upon its passage.
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.