HB 136 - AS INTRODUCED
2017 SESSION
17-0092
09/06
HOUSE BILL 136
AN ACT clarifying the equity jurisdiction of the judicial branch family division.
SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. Spillane, Rock. 2; Rep. Burt, Hills. 39; Rep. Baldasaro, Rock. 5; Sen. Daniels, Dist 11; Sen. Reagan, Dist 17
COMMITTEE: Judiciary
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This bill clarifies the equity jurisdiction 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0092
09/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT clarifying the equity jurisdiction of the judicial branch family division.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Judicial Branch Family Division; Equity Jurisdiction. Amend RSA 490-D:3 to read as follows:
490-D:3 Equity Jurisdiction. [Notwithstanding any law to the contrary,] The judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the judicial branch family division and where no other special provision has been made by law. Suits in equity where subject matter jurisdiction lies with the judicial branch family division including, but not limited to, petitions for divorce, nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice of the judicial branch family division at any time, but nothing contained in this section shall be construed as limiting the power of the judicial branch family division to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.
2 Effective Date. This act shall take effect January 1, 2018.
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2017 | House | Hearing |
| Feb. 7, 2017 | House | Exec Session |
| Feb. 14, 2017 | House | Exec Session |
| March 8, 2017 | House | Floor Vote |
| April 25, 2017 | Senate | Hearing |
| May 11, 2017 | Senate | Floor Vote |
May 11, 2017: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/11/2017; SJ 16
May 11, 2017: Committee Report: Inexpedient to Legislate, 05/11/2017; Vote 5-0; CC; SC 22
April 25, 2017: Hearing: 04/25/2017, Room 100, SH, 10:10 am; SC 19
March 9, 2017: Introduced 03/09/2017 and Referred to Judiciary; SJ 9
March 9, 2017: Ought to Pass: MA DV 192-161 03/09/2017 HJ 10 P. 16
: Minority Committee Report: Inexpedient to Legislate
March 8, 2017: Majority Committee Report: Ought to Pass for 03/08/2017 (Vote 9-6; RC)
Feb. 14, 2017: ==CONTINUED== Executive Session: 02/14/2017 01:00 PM LOB 208
Feb. 7, 2017: ==RECESSED== Executive Session: 02/07/2017 10:00 AM LOB 208
Jan. 18, 2017: Public Hearing: 01/18/2017 01:30 PM LOB 208
Jan. 4, 2017: Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 18