HB1153: establishing a commission to study the laws and rules relating to subpoenas, summonses and complaints.

HB 1153 – AS AMENDED BY THE HOUSE

15Feb2006… 0328h

2006 SESSION

06-2103

09/04

HOUSE BILL 1153

AN ACT establishing a commission to study the laws and rules relating to subpoenas, summonses, and complaints.

SPONSORS: Rep. Ulery, Hills 27; Rep. Rowe, Hills 6; Rep. Boyce, Belk 5; Rep. Bettencourt, Rock 4

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a commission to study the laws and rules relating to subpoenas, summonses, and complaints.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2006… 0328h

06-2103

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing a commission to study the laws and rules relating to subpoenas, summonses, and complaints.

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

1 Commission Established. There is established a commission to study the laws and rules relating to subpoenas, summonses, and complaints.

2 Membership and Compensation.

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

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

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

(c) Two representatives of the judicial branch, appointed by the chief justice of the supreme court.

(d) Two public members, 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.

3 Duties. The commission shall study the laws and rules relating to subpoenas, summonses, and complaints. The commission shall:

I. Examine the differences between criminal and civil process and court orders.

II. Identify conflicts and duplicative practices.

III. Study the feasibility of prohibiting service of process on Sundays.

IV. Propose legislation to standardize processes, define terms, and clarify practice.

4 Chairperson; Quorum; Research Assistant.

I. 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. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

II. The speaker of the house of representatives shall assign a research assistant from either house committee services or the office of legislative services to conduct research, prepare documents, and otherwise assist the committee.

5 Report. 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, and the state library on or before November 1, 2006.

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