HB 1346 - AS AMENDED BY THE HOUSE
10Mar2022... 0625h
2022 SESSION
22-2595.2
05/08
HOUSE BILL 1346
AN ACT establishing a commission to study the New Hampshire family court system.
SPONSORS: Rep. Gay, Rock. 8; Rep. Stapleton, Sull. 5; Rep. Rung, Hills. 21; Rep. McWilliams, Merr. 27; Rep. Harley, Rock. 20; Rep. Bernardy, Rock. 16; Rep. Wuelper, Straf. 3; Rep. Greeson, Graf. 16; Rep. Homola, Hills. 27; Rep. Woods, Merr. 23
COMMITTEE: Children and Family Law
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ANALYSIS
This bill establishes a commission to study the New Hampshire family court system.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0625h 22-2595.2
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT establishing a commission to study the New Hampshire family court system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Commission to Study the New Hampshire Family Court System. Amend RSA 490-D by inserting after section 15 the following new section:
490-D:16 Commission Established. There is established a commission to study the New Hampshire family court system.
I. The members of the commission shall be as follows:
(a) Two members of the house children and family law committee, appointed by the speaker of the house of representatives.
(b) Two members of the house judiciary committee, appointed by the speaker of the house of representatives.
(c) One member of the senate, appointed by the president of the senate.
(d) One family violence prevention specialist employed by a member agency of the New Hampshire Coalition Against Domestic and Sexual Violence, appointed by the governor.
(e) One employee of the division for children, youth and families who is experienced in family court, appointed by the commissioner of the department of health and human services.
(f) One member of the New Hampshire Bar Association with significant experience in family law and courts within the judicial branch family division, appointed by the governor.
(g) An attorney who is currently or has been a member of the Domestic Violence Emergency (DOVE) Project, appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall study parenting cases and decisions by courts within the judicial branch family division. The study shall include consideration of the following:
(a) Frequency of equally shared custody decisions.
(b) Effect of delay enforcement of the financial support of children has on the children meant to be supported by the order.
(c) The effect of the court's rules being waived on the number of appeals.
(d) The effect of the court's process on people who suffered trauma.
(e) The ability for children to be permitted to speak to the judge in chambers or in court.
(f) The effect of the court’s rules being waived on the opposing party.
(g) Guardian ad litem (GAL) training and responsibility, including:
(1) If favoritism toward one parent by a GAL impacted the best interest of the child;
(2) How much time children spend with each parent during the evaluation of a GAL; and
(3) A minimum of how much time GALs should spend with the children.
(h) Anything which the commission finds the court does which may negatively impact outcomes for families.
IV. The commission shall hold monthly publicly noticed hearings to provide an opportunity for members of the public to testify.
V. The commission may solicit information and testimony from any individual or entity the commission deems relevant to its study.
VI. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member with the second-named house member as an alternate. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.
VII. The commission 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, the executive council, and the state library on or before November 1, 2023, and November 1, 2024.
2 Repeal. RSA 490-D:16, relative to the commission to study the New Hampshire family court system, is repealed.
I. Section 2 of this act shall take effect November 1, 2024.
II. The remainder of this act shall take effect upon its passage.
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2022 | House | Hearing |
| Jan. 18, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 7, 2022 | Senate | Hearing |
April 14, 2022: Refer to Interim Study, MA, VV; 04/14/2022; SJ 8
April 7, 2022: Committee Report: Referred to Interim Study, 04/14/2022; Vote 5-0; CC; SC 15
March 30, 2022: Hearing: 04/07/2022, Room 100, SH, 01:00 pm; SC 14
March 15, 2022: Introduced 02/24/2022 and Referred to Judiciary; SJ 5
March 11, 2022: Ought to Pass with Amendment 2022-0625h: MA VV 03/10/2022 HJ 5
Feb. 15, 2022: Committee Report: Ought to Pass with Amendment # 2022-0625h (Vote 15-0; CC)
Feb. 15, 2022: Executive Session: 01/18/2022 10:00 am LOB 206-208
Jan. 9, 2022: Public Hearing: 01/18/2022 10:00 am LOB 206-208
Nov. 20, 2021: Introduced 01/05/2022 and referred to Children and Family Law