SB436: relative to the Claremont and Newport district courts.

CHAPTER 176

SB 436-FN-LOCAL – FINAL VERSION

02/12/04 0339s

5May2004… 1397h

2004 SESSION

04-3129

09/01

SENATE BILL 436-FN-LOCAL

AN ACT relative to the Claremont and Newport district courts.

SPONSORS: Sen. Odell, Dist 8; Sen. Clegg, Dist 14; Sen. Below, Dist 5; Rep. Rodeschin, Sull 20; Rep. J. Pratt, Ches 24; Rep. Cloutier, Sull 22; Rep. S. Harris, Sull 22

COMMITTEE: Energy and Economic Development

AMENDED ANALYSIS

This bill prevents the consolidation of the Claremont and Newport district courts, 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/12/04 0339s

5May2004… 1397h

04-3129

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the Claremont and Newport district courts.

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

176:1 Findings. The general court finds that it is the desire of both the city of Claremont and the town of Newport that each community have its own district courthouse, and the intent of this act is not to combine the courts into one facility in Claremont.

176:2 Claremont District Court. RSA 502-A:1, XXVII is repealed and reenacted to read as follows:

XXVII. CLAREMONT DISTRICT. The Claremont district shall consist of the city of Claremont and the towns of Cornish, Unity, Charlestown, Acworth, Langdon, and Plainfield. The district court for the district shall be located in Claremont, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Claremont District Court.

176:3 New Paragraph; Newport District Court. Amend RSA 502-A:1 by inserting after paragraph XXVII the following new paragraph:

XXVII-a. NEWPORT DISTRICT. The Newport district shall consist of the towns of Newport, Grantham, Croydon, Springfield, Goshen, Sunapee, Lempster, and Washington. The district court for the district shall be located in Newport, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Newport District Court.

176:4 Claremont-Newport District. RSA 502-A:1, XXVII is repealed and reenacted to read as follows:

XXVII. CLAREMONT-NEWPORT DISTRICT. The Claremont-Newport district shall consist of the city of Claremont and the towns of Cornish, Unity, Charlestown, Acworth, Langdon, Plainfield, Newport, Grantham, Croydon, Springfield, Sunapee, Goshen, Lempster, and Washington. 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.

176:5 Repeal. RSA 502-A:1, XXVII-a, relative to the Newport district court, is repealed.

176:6 Contingency. If the department of administrative services and the city and towns in the Claremont and Newport districts cannot reach an agreement on acceptable courthouse facilities and funding for courthouse facilities for each district on or before June 30, 2006, sections 4 and 5 of this act shall take effect July 1, 2006. If the department of administrative services and the city and towns in the Claremont and Newport districts reach an agreement on acceptable courthouse facilities and funding for courthouse facilities for each district on or before June 30, 2006, sections 4 and 5 of this act shall not take effect.

176:7 Effective Date.

I. Sections 4 and 5 of this act shall take effect as provided in section 6 of this act.

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

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the governor, May 27, 2004)

(Effective Date: I. Sections 4 and 5 shall take effect as provided in section 6.

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