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Bar News - February 3, 2006

Bills to Watch

By: Dan Wise

Bills to Watch: Family Law Changes, Penalties for Asset Transfers

Bills of interest to lawyers in this mid-term session of the legislature include several bills implementing further changes in family law practice, and a bill that would make it a misdemeanor to knowingly “aid in the transfer of assets” that enables someone to qualify for public assistance. Also being tracked are several bills or constitutional amendments aimed at narrowing the authority of the courts.

SB356-FN is co-sponsored by Sen. Clegg, the Senate Majority Leader. The NHBA Board of Governors has voted to oppose the bill.

Also, a bill that would permit contact between an attorney representing someone who is the object of a restraining order and the person protected by the order, has been revised from the last session and re-introduced. Generating some news media interest has been CACR 30, which would strengthen limitations on the use of eminent domain in NH for private use or economic development. The NHBA has voted to provide information, but not to support or oppose these bills.

In most cases, legislative committees are still considering bills. Visit www.gencourt.state.nh.us and click on “Quick Search” to find out more about the bill and its status in the legislature. (Write bill numbers as SB101 on the Web site search field.)

The NHBA’s Board of Governors takes an advocacy position on only a small number of bills reviewed by the Bar’s Legislation Committee. The NHBA, as a unified bar association, is guided by the Chapman decision (of the NH Supreme Court) and the U.S. Supreme Court’s Keller decision in making determinations regarding what, if any, position the NHBA should take on pending legislation.

(Visit Legislative Info in the Member Services section at For Members at www.nhbar.org for a chart showing all the bills reviewed by the Legislation Committee and indicating whether any position was taken by the BOG.)

The NHBA Board has voted to oppose three constitutional amendments, CACR 35 (relating to an automatic address of judges every 10 years), CACR 36 (regarding a constitutional amendment relating to the rulemaking authority of the supreme court) and CACR 39 (providing that supreme court rules shall no longer have the force and effect of law.) The Board also voted to take an opposition position to a measure (HB1598) that seeks to have caselaw annotations removed from the official edition of the Revised Statutes Annotated, and HB 1641, a bill to establish a “common law” court that would have non-lawyers hear and decide cases.

The following are some of the bills of interest to the legal community.

House Bills

HB1107 - This bill establishes requirements for timely payment for construction contracts, prohibiting blanket “no-lien” clauses, and requiring job site postings for registering liens for materials or labor.

HB1116 - This bill changes the name of the notice to quit to an eviction notice; directs the supreme court to make forms for an eviction notice and demand for rent available on the district court’s Web site, and authorizes any law enforcement officer to serve a writ of possession

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

HB1171 - This bill provides that the defendant shall not be charged with violating a protective order if the plaintiff or victim of domestic violence initiated contact with the defendant.

HB1234 - An act reducing the maximum amount of debt or damages for small claims actions from $5,000 to $2,500.

HB1419 - This bill requires mediation in divorce proceedings if either party requests mediation or the court orders it.

HB1516 - An act relative to the modification and enforcement of child support orders

HB1561 - This bill prevents people from accessing financial documents submitted in probate court without the written consent of the court.

HB1583 - An act relative to grounds for modification of parental rights and responsibilities

HB1585 - This bill establishes an expedited hearing process for motions to enforce parenting plans. The bill also permits the Department of Health and Human Services to initiate an abuse and neglect investigation based on noncompliance with parenting plans in appropriate cases.

Senate Bills

SB253 - This bill permits the court to enforce support orders for college and postsecondary educational expenses issued prior to October 1, 2005. Private contracts, stipulations, and prior orders for future modification of the amount of support for college expenses are also enforceable.

SB246 - This bill sets forth conditions under which permissible contact may occur between the agent of a defendant subject to a protective order and the plaintiff.

SB286-FN - This bill requires first class mail notice to defendants in small claims actions. Currently, such notice is by certified mail, return receipt requested. The Supreme Court requested this bill.

SB394 – This bill makes revisions to the Uniform Trust Code and adopts the Uniform Principal and Income Act and the Qualified Disposition in Trust Act.

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