New Hampshire HB 476: relative to the duties of registers of probate.

Bill Text

HB 476 - AS AMENDED BY THE HOUSE

3Jan2018... 2451h

6Mar2018... 0727h

2017 SESSION

 17-0174

 06/03

HOUSE BILL 476

AN ACT relative to the duties of registers of probate.

SPONSORS: Rep. J. Belanger, Hills. 27; Rep. Sterling, Ches. 14; Rep. Horrigan, Straf. 6; Rep. Ammon, Hills. 40; Rep. Itse, Rock. 10; Sen. Gray, Dist 6

COMMITTEE: Judiciary

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AMENDED ANALYSIS

 This bill:

 I. Modifies the duties of registers of probate.

 II. Modifies the duties of the probate division of the circuit court.

 III. Requires the county delegations to determine the salary and benefits of registers of probate.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jan2018... 2451h

6Mar2018... 0727h 17-0174

 06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to the duties of registers of probate.

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

 1 Establishing Compensation; Register of Probate. Amend RSA 23:7 to read as follows:

 23:7 Establishing Compensation. Every county convention shall have the power to establish salaries, benefits, and other compensation paid to elected county officers including the county attorney, sheriff, register of deeds, register of probate, treasurer, and county commissioners. For the purposes of this section, except for the register of probate, "compensation'' shall include salary, longevity pay, vacation and sick pay, allowances, and all other payments made by the county to its officers, plus the fair market value of any compensation paid in kind if reportable as income for federal income tax purposes, plus all fringe benefits that may be provided including health insurance and retirement, and may also include an upper limit on the amount of mileage and out-of-pocket expenditures reimbursable to each officer. Said compensation shall be established biennially by the county convention prior to the filing date required under RSA 655:14 for the elected offices listed in this section, upon recommendation of the executive committee which shall remain in effect during their term of office. Notwithstanding any other provision of law to the contrary, in counties in which any of the officers listed in this section receive fees or mileage, or both, for services performed by them as part of their compensation, the county convention may put such officer on a salary and expenses basis. Such officer may be required to continue to collect the usual fees and mileage for the service performed and to pay over all such fees and mileage to the county treasurer for the use of the county. In such event, the amount such officer received in fees and mileage, less expenses, shall be included in determining the minimum at which his or her salary may be established unless a lesser amount is agreed upon by the incumbent officer at that time. In no case, except for the register of probate, shall the salary or other compensation of any of such officers be established at a lesser amount than that which was in effect December 31, 1972. 

 2 Salaries for Counties; Register of Probate. Amend RSA 23:8 to read as follows:

 23:8 Salaries for Counties. 

 I. Every county shall establish the salary for its register of deeds at a fixed dollar value. Said salaries may not be established either in part or in total as a percentage of fees or other charges or payments collected by said register. Said salaries shall be established not less than biennially by the county convention, upon recommendation of the executive committee. In no case shall the salary of any of said registers of deeds be a lesser amount than the salary which said register was receiving on January 1, 1974. 

 II. Every county shall establish the salary for its register of probate at a fixed dollar value. Said salaries may be established either in part or in total as a percentage of fees or other charges or payments collected by the county treasurer or the state and consistent with RSA 548:17. Said salaries shall be established not less than biennially by the county convention, upon recommendation of the executive committee.

 3 Supreme Court; Entry Fees RSA 490:24, I is repealed and reenacted to read as follows:

 I. For the benefit of the state and counties, there shall be paid to the clerk for the entry of every reserved case, bill of exceptions, petition, appeal, or other action, for the filing of every motion or other document supplementary to the entered case, and for any service rendered by the clerk, such fees as shall from time to time be established by the court. The clerk shall det