HB 1265 - AS AMENDED BY THE HOUSE
10Mar2022... 0619h
2022 SESSION
22-2335
04/11
HOUSE BILL 1265
SPONSORS: Rep. Gay, Rock. 8; Rep. Stapleton, Sull. 5; Rep. Rung, Hills. 21; Rep. Harley, Rock. 20; Rep. Bernardy, Rock. 16; Rep. Greeson, Graf. 16; Rep. Langley, Hills. 8; Rep. Kofalt, Hills. 4; Rep. DiLorenzo, Rock. 17; Rep. Post, Hills. 4; Sen. Reagan, Dist 17
COMMITTEE: Children and Family Law
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AMENDED ANALYSIS
This bill requires the circuit court family division to establish a family division rule waiver database containing all rule waivers granted in the family division courts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2022... 0619h 22-2335
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Judicial Branch Family Division; Judicial Waiver of Family Division Rules. Amend RSA 490-D by inserting after section 3 the following new section:
490-D:3-a Judicial Waiver of Family Division Rules.
I. If a judge or referee waives a rule of the circuit court family division, pursuant to family court rule 1.2, the judge or referee shall enter into the court record the rule waived by number and title, the reason for which the rule was waived, and who the waiver favored by identifying if it was the plaintiff or the defendant.
II.(a) Not more than 60 days after the effective date of this section, the chief justice of the circuit court, or designee, shall develop and implement a family division rule waiver database. At a minimum, the database shall contain the family division in which the rule was waived, the judge or referee who waived the rule, the rule that was waived by name and title, and the cause for which the rule was waived and for whom the rule change favored.
(b) The clerk of the family division in which the rule was waived, or his or her designee, shall enter the rule waiver information required in subparagraph (a) into the database not more than 30 days after the hearing in which the rule was waived. The clerk shall be responsible for ensuring the information is entered into the database accurately.
III. The circuit court family division shall have access to the database of rule waivers. The speaker of the house of representatives, the senate president, and the chairpersons, vice-chairpersons, and clerks of the house and senate judiciary committees, the house children and family law committee, and the office of legislative services shall also have access to the database.
IV. The chief justice of the circuit court, or designee, shall submit a quarterly report on the status of the family division rule waiver database to the speaker of the house of representatives, senate president, and the chairpersons of the house and senate judiciary committees and the chairperson of the house committee on children and family law.
2 Effective Date. This act shall take effect January 1, 2023.
| Date | Body | Type |
|---|---|---|
| Feb. 22, 2022 | House | Hearing |
| Feb. 22, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 7, 2022 | Senate | Hearing |
| April 14, 2022 | Senate | Floor Vote |
April 14, 2022: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/14/2022; SJ 8
April 7, 2022: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 04/14/2022; SC 15
March 30, 2022: Hearing: 04/07/2022, Room 100, SH, 02:15 pm; SC 14
March 15, 2022: Introduced 02/24/2022 and Referred to Judiciary; SJ 5
March 11, 2022: Ought to Pass with Amendment 2022-0619h: MA VV 03/10/2022 HJ 5
March 11, 2022: Amendment # 2022-0619h: AA VV 03/10/2022 HJ 5
March 11, 2022: Ought to Pass with Amendment 2022-0619h: MA VV 03/10/2022 HJ 5
Feb. 15, 2022: Committee Report: Ought to Pass with Amendment # 2022-0619h ( NT) (Vote 14-0; CC)
Feb. 15, 2022: Executive Session: 02/09/2022 10:30 am LOB 206-208
Feb. 15, 2022: Public Hearing: 01/18/2022 10:30 am LOB 206-208
Nov. 19, 2021: Introduced 01/05/2022 and referred to Children and Family Law