HB1176 (2020) Detail

Establishing a committee to study the attorney general's authority over certain municipal and county employees.


HB 1176 - AS INTRODUCED

 

 

2020 SESSION

20-2234

05/06

 

HOUSE BILL 1176

 

AN ACT establishing a committee to study the attorney general's authority over certain municipal and county employees.

 

SPONSORS: Rep. M. Smith, Straf. 6; Rep. Cushing, Rock. 21; Rep. Berch, Ches. 1; Rep. Keans, Straf. 23; Rep. Grote, Rock. 24; Rep. Eaton, Ches. 3; Rep. Leishman, Hills. 24; Rep. Heath, Hills. 14; Rep. Huot, Belk. 3; Rep. Porter, Hills. 1

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes a committee to study the attorney general's authority over certain municipal and county employees.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2234

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing a committee to study the attorney general's authority over certain municipal and county employees.

 

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 attorney general's authority over certain municipal and county employees.

2  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  Two members of the senate, appointed by the president of the senate.

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 attorney general's authority over certain municipal and county employees.  The study shall include:

I.  The nature and limits, if any, of the attorney general's statutory authority over a democratically elected county attorney.

II.  The nature and limits, if any, of the attorney general's statutory authority over a regional, city-employed prosecutor.

III.  The statutory or other formal standards in place for the attorney general to assume the authority of a sitting, democratically elected county attorney through a consensual or non-consensual process.

IV.  The role, if any, of the attorney general's office when a county attorney's office becomes vacant.

V.  The power of the attorney general's office to suspend a democratically elected county attorney and the statutory standards, if any, for such action.

VI.  The statutory or other process in place for a new election when a county attorney's authority is assumed by the attorney general or when a county attorney is suspended.

VII.  Any other issues that relate to the respective and/or overlapping roles of the attorney general's office, a county attorney, and the electorate in the criminal justice system.

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 house 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 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, 2020.

6  Effective Date.  This act shall take effect upon its passage.

Links

HB1176 at GenCourtMobile
HB1176 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1176 Revision: 6810 Date: Dec. 2, 2019, 11:08 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 12
Feb. 4, 2020 Public Hearing: 02/04/2020 01:45 pm LOB 208
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 208
March 11, 2020 Committee Report: Ought to Pass for 03/11/2020 (Vote 17-2; CC) HC 10 P. 22
Committee Report: Ought to Pass (Vote 17-2; CC)
March 11, 2020 Ought to Pass: MA VV 03/11/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8