HB369: (3rd New Title) relative to the Henniker and Hillsborough district courts and to the Hampton and Exeter district courts.

CHAPTER 236

HB 369 – FINAL VERSION

11Mar2004… 0368h

04/01/04 0963s

05/06/04 1416s

05/06/04 1544s

25May2004… 1607CofC

25May2004… 1696eba

2004 SESSION

03-0125

09/01

HOUSE BILL 369

AN ACT relative to the Henniker and Hillsborough district courts and to the Hampton and Exeter district courts.

SPONSORS: Rep. Dionne, Hills 42; Rep. Currier, Merr 34

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill prevents the consolidation of the Henniker district court and Hillsborough district court, if certain conditions are met regarding court facilities.

This bill also prevents the consolidation of the Hampton District court and the Exeter District court under 1992, 253, if certain conditions are met regarding court facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2004… 0368h

04/01/04 0963s

05/06/04 1416s

05/06/04 1544s

25May2004… 1607CofC

25May2004… 1696eba

03-0125

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the Henniker and Hillsborough district courts and to the Hampton and Exeter district courts.

Be it Enacted by the Senate and House of Representatives in General Court convened:

236:1 Henniker District Court. Amend RSA 502-A:1, XV to read as follows:

XV. [HENNIKER-HILLSBOROUGH] HENNIKER DISTRICT. The [Henniker-Hillsborough] Henniker district shall consist of the towns of Henniker, Warner, and Bradford in Merrimack county [and the towns of Hillsborough, Deering, Windsor, Antrim and Bennington in Hillsborough county]. The district court for the district shall be located in [a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. Special sessions of said court for cases arising from the town of Henniker shall be held at the principal court location as the caseload and justice requires. The court shall bear the name of the city or town in which it is located.] Henniker, holding sessions regularly therein and elsewhere in the district as justice may require. The name of this court shall be the Henniker District Court.

236:2 Hillsborough District Court. Amend RSA 502-A:1, XXIII to read as follows:

XXIII. [HENNIKER-HILLSBOROUGH] HILLSBOROUGH DISTRICT. The [Henniker-Hillsborough] Hillsborough district shall consist of the towns of [Henniker, Warner, and Bradford in Merrimack county and the towns of] Hillsborough, Deering, Windsor, Antrim and Bennington in Hillsborough county. The district court for the district shall be located in [a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.] Hillsborough, holding sessions regularly therein and elsewhere in the district as justice may require. The name of this court shall be the Hillsborough District Court.

236:3 Henniker-Hillsborough District Court. RSA 502-A:1, XV is repealed and reenacted to read as follows:

XV. HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim, and Bennington in Hillsborough county. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall hold sessions regularly at the principal court location and elsewhere in the district as justice may require. Special sessions of said court for cases arising from the town of Henniker shall be held at the principal court location as the caseload and justice requires. The court shall bear the name of the city or town in which it is located.

236:4 Henniker-Hillsborough District Court RSA 502-A:1, XXIII is repealed and reenacted to read as follows:

XXIII. HENNIKER-HILLSBOROUGH DISTRICT. The Henniker-Hillsborough district shall consist of the towns of Henniker, Warner, and Bradford in Merrimack county and the towns of Hillsborough, Deering, Windsor, Antrim, and Bennington in Hillsborough county. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.

236:5 Contingency. If the department of administrative services and the towns in the Henniker and Hillsborough districts cannot reach an agreement on acceptable courthouse facilities and funding for courthouse facilities for each district on or before June 30, 2006, sections 3 and 4 of this act shall take effect July 1, 2006. If the department of administrative services and the towns in the Henniker and Hillsborough districts reach an agreement on acceptable courthouse facilities and funding for courthouse facilities for each district on or before June 30, 2006, sections 3 and 4 of this act shall not take effect.

236:6 Hampton District Court. Amend RSA 502-A:1, II to read as follows:

II. [HAMPTON-EXETER] HAMPTON DISTRICT. The [Hampton-Exeter] Hampton district shall consist of the towns of Hampton, Hampton Falls, North Hampton, South Hampton, and Seabrook[, Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood]. The district court for the district shall be located in [a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located] Hampton, holding sessions regularly therein and elsewhere in the district as justice may require. The name of this court shall be the Hampton District Court.

236:7 New Paragraph; Exeter District Court. Amend RSA 502-A:1 by inserting after paragraph II the following new paragraph:

II-a. EXETER DISTRICT. The Exeter district shall consist of the towns of Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood. The district court for the district shall be located in Exeter, holding sessions regularly therein and elsewhere in the district as justice may require. The name of this court shall be the Exeter District Court.

236:8 HAMPTON-EXETER DISTRICT. RSA 502-A:1, II is repealed and reenacted to read as follows:

II. HAMPTON-EXETER DISTRICT. The Hampton-Exeter district shall consist of the towns of Hampton, Hampton Falls, North Hampton, South Hampton, Seabrook, Exeter, Newmarket, Stratham, Newfields, Fremont, East Kingston, Kensington, Epping, and Brentwood. The court shall be located in a city or town within the judicial district in a location and facility designated pursuant to RSA 490-B:3, having regard for the convenience of the communities within the district, provided, however, that the court shall not be located in any building which does not meet the minimum standard prescribed by the New Hampshire court accreditation commission pursuant to RSA 490:5-c. The court shall bear the name of the city or town in which it is located.

236:9 Repeal. RSA 502-A:1, II-a, relative to the Exeter District court, is repealed.

236:10 Contingency. If the department of administrative services and the towns in the Hampton and Exeter districts cannot reach an agreement on acceptable courthouse facilities and funding for courthouse facilities for each district on or before June 30, 2006, sections 8 and 9 of this act shall take effect July 1, 2006. If the department of administrative services and the towns in the Hampton and Exeter districts reach an agreement on acceptable courthouse facilities and funding for courthouse facilities for each district on or before June 30, 2006, sections 8 and 9 of this act shall not take effect.

236:11 Effective Date.

I. Sections 3 and 4 of this act shall take effect as provided in section 5 of this act.

II. Sections 8 and 9 of this act shall take effect as provided in section 10 of this act.

III. The remainder of this act shall take effect July 1, 2004.

(Approved: June 15, 2004)

(Effective Date: I. Sections 3 and 4 shall take effect as provided in section 5.

II. Sections 8 and 9 shall take effect as provided in section 10.

III. Remainder shall take effect July 1, 2004.)