New Hampshire HB 1717: relative to the sale of beer in refillable containers.

Status: Rules Suspension to consider at the present time without required referral to commmittee, public hearing and report from committee, and if passed, allow for immediate third reading MA obtaining necessary 2/3 RC 256-84 06/11/2020 HJ 8 P. 10 (as of 2020-06-11)

State: New Hampshire · Session: 2020 · Bill: HB 1717

Sponsors: Andrew J. Prout, Alicia D. Lekas, Casey M. Conley, Jason M. Osborne, Jess C. Edwards, John A. Burt, Timothy A. Merlino, Timothy Josephson, Timothy P. Lang, Tony Lekas

Bill Text

HB 1717-FN - AS INTRODUCED

2026 SESSION

 26-3237

 09/08

HOUSE BILL 1717-FN

AN ACT relative to the jurisdiction of the circuit court, family division.

SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Bernardy, Rock. 36; Rep. Comtois, Belk. 7; Rep. DeRoy, Straf. 3; Rep. D. Kelley, Hills. 32; Rep. Perez, Rock. 16; Rep. Potenza, Straf. 19; Rep. Sirois, Hills. 32

COMMITTEE: Children and Family Law

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ANALYSIS

 This bill redefines the jurisdiction of the judicial branch family division, now known as the circuit court, family division, including replacing marital masters with administrative law judges and providing additional duties to the administrative judge of the circuit court.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3237

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the jurisdiction of the circuit court, family division.

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

 1 Family Division; Establishment. RSA 490-D:1 is repealed and reenacted to read as follows: 

 490-D:1 Judicial Branch Family Division Established. The general court hereby organizes, constitutes, and establishes the judicial branch family division. The judicial branch family division is a statutory court, not constitutional. The goals of the family division are the respectful treatment of all citizens by administrative law judges, that must strictly comply to policies/statutes that have been legislatively delegated to the judicial branch family division and ensures all litigants shall receive full judicial/constitutional review of all recommendations made by the administrative law judge. All administrative law judges shall provide the prompt and fair resolution of family issues and shall be trained to deal effectively with such issues. The use of alternative dispute resolution to reduce the adversarial nature of proceedings involving families may be used with guarantees of full judicial/constitutional review of all recommendations to ensure that the correct legal standards were applied. The assignment of all family matters of a single family shall be assigned to only one family division administrative law judge, located in a family division court that is geographically accessible to the family. 

 2 Family Division; Jurisdiction. Amend the introductory paragraph of RSA 490-D:2 to read as follows: 

 490-D:2 Jurisdiction. 

 [Notwithstanding any law to the contrary and except for the limited need to allow an existing case to proceed with the same judge who had presided over it before the implementation of the judicial branch family division, following implementation of the division at a division site in accordance with RSA 490-D:5,] Jurisdiction over the following matters shall be exclusively exercised through the judicial branch family division as procedurally jurisdiction was previously exercised in the superior, district, and probate courts: 

 3 New Paragraph; Family Division; Jurisdiction. Amend RSA 490-D:2 by inserting after paragraph X the following new paragraph: 

 XI. Matters relating to jurisdiction in paragraphs I-IX in the judicial branch family division shall have full judicial/constitutional review to ensure the appropriate legal standard was applied to ensure that the clearly established rights and fundamental liberties of all New Hampshire children and parents are not infringed under inferior state legislated policy or statutes. 

 4 Family Division; Equity Jurisdiction. RSA 490-D:3 is repealed and reenacted to read as follows: 

 490-D:3 Equity Jurisdiction. – Notwithstanding any law to the contrary, the judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the judicial branch family division. Suits in equity where subject matter jurisdiction lies with the judicial branch family division including, but not limited to, petitions for divorce, nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Prior to any hearing, the judicial branch family division administrative law judges shall on the record get verbal consent from all parties, acknowledging that they understand they are in an administrative hearing and not before a judicial/constitutional judge of general jurisdiction. Such suits shall be heard 

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