{"id": "HB1494", "year": 1992, "term": "1991-1992", "title": "implementing the recommendations of the New Hampshire supreme court long-range planning task force regarding the judicial branch.", "narrative": "It was introduced on January 8, 1992 and referred to the House Judiciary committee. The committee held a public hearing on January 28, 1992. The majority of the committee recommended that the House pass it with changes unanimously, 14\u20130. On March 3, 1992 the House voted to pass it with changes on a voice vote. It crossed to the Senate on March 4, 1992 and was referred to the Senate Judiciary committee. The committee held a public hearing on April 6, 1992. The committee recommended that the Senate pass it with changes. On April 22, 1992 the Senate voted to pass it with changes on a voice vote. On April 23, 1992 the House voted to agree to the other chamber's changes on a voice vote. An enrolled bill amendment () was adopted on May 7, 1992. These correct technical errors found after passage. The bill was enrolled on May 7, 1992 \u2014 the final check of the text before it goes to the governor. An enrolled bill amendment () was adopted on May 8, 1992. These correct technical errors found after passage. The bill was enrolled on May 12, 1992 \u2014 the final check of the text before it goes to the governor. The governor signed it on May 18, 1992, making it Chapter 284 of the session laws. It took effect on May 18, 1992.", "stages": [{"label": "House Committee (Judiciary)", "hand": "H:committee", "text": "It was introduced on January 8, 1992 and referred to the House Judiciary committee. The committee held a public hearing on January 28, 1992. The majority of the committee recommended that the House pass it with changes unanimously, 14\u20130.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On March 3, 1992 the House voted to pass it with changes on a voice vote.", "notes": []}, {"label": "Senate Committee (Judiciary)", "hand": "S:committee", "text": "It crossed to the Senate on March 4, 1992 and was referred to the Senate Judiciary committee. The committee held a public hearing on April 6, 1992. The committee recommended that the Senate pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 22, 1992 the Senate voted to pass it with changes on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On April 23, 1992 the House voted to agree to the other chamber's changes on a voice vote.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "An enrolled bill amendment () was adopted on May 7, 1992. These correct technical errors found after passage. The bill was enrolled on May 7, 1992 \u2014 the final check of the text before it goes to the governor. An enrolled bill amendment () was adopted on May 8, 1992. These correct technical errors found after passage. The bill was enrolled on May 12, 1992 \u2014 the final check of the text before it goes to the governor. The governor signed it on May 18, 1992, making it Chapter 284 of the session laws. It took effect on May 18, 1992.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "1992-01-08", "text": "INTRODUCED AND REF TO JUDICIARY", "routine": false, "cite": "HJ 9"}, {"date": "1992-01-08", "text": "IN SEAT POCKET ON 01/08/92 DUE ON 02/05/92", "routine": false}, {"date": "1992-01-13", "text": "<INFORMATIONAL MEETING FOR ALL LEGISLATORS JAN23 09:00 RM208,LOB>", "routine": false}, {"date": "1992-01-23", "text": "==CANCELLED==HEARING JAN23 09:00 RM208,LOB FOR: JUDICIARY", "routine": false, "row_note": "A cancellation. The history does not tell a meeting the docket called off.", "called_off": true}, {"date": "1992-01-28", "text": "RESCHEDULED HEARING JAN28 10:00 RM208,LOB FOR: JUDICIARY", "routine": false}, {"date": "1992-02-05", "text": "EXTENSION GRANTED TO FEB19, REP MARTLING MA; HJ29,P740", "routine": false, "cite": "HJ 29"}, {"date": "1992-02-26", "text": "MAJ REPORT OTP/AM FOR MAR03 (VOTE 14-0)", "routine": false}, {"date": "1992-02-27", "text": "PROP COMM AM; HC43,P1044-1059", "routine": false, "cite": "HC 43"}, {"date": "1992-03-03", "text": "COMM AM, AA VV; PASSED WITH AM VV; HJ52,P1359-1375 + 1381", "routine": false, "cite": "HJ 52"}, {"date": "1992-03-04", "text": "INTRODUCED AND REF TO JUDICIARY", "routine": false, "cite": "SJ 8"}, {"date": "1992-04-06", "text": "HEARING APR06 10:00 RM103,LOB FOR: JUDICIARY", "routine": false}, {"date": "1992-04-21", "text": "COMM REPORT OTP/AM APR22", "routine": false}, {"date": "1992-04-21", "text": "PROP COMM AM; SC30,P23-25", "routine": false, "cite": "SC 30"}, {"date": "1992-04-22", "text": "COMM AM, AA VV; PASSED WITH AM VV; SJ20,P510-512 + 575", "routine": false, "cite": "SJ 20"}, {"date": "1992-04-23", "text": "HOUSE CONC WITH SEN AM, REP LOWN MA VV; HJ79,P2069", "routine": false, "cite": "HJ 79"}, {"date": "1992-05-07", "text": "ENROLLED AM ADOPTED; HJ87,P2196", "routine": false, "cite": "HJ 87", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1992-05-07", "text": "ENROLLED; HJ87,P2200", "routine": false, "cite": "HJ 87", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1992-05-08", "text": "ENROLLED AM ADOPTED; SJ22,P705", "routine": false, "cite": "SJ 22", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1992-05-12", "text": "ENROLLED; SJ22,P717", "routine": false, "cite": "SJ 22", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1992-05-18", "text": "SIGNED BY GOVERNOR 05/18/92 EFF: 05/18/92* CHAP.0284", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": false, "votes": false, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "284", "journey": {"steps": [{"date": "1992-03-03", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1992-04-22", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1992-04-23", "body": "H", "act": "concurred", "mark": "p", "text": "Agreed to the Senate's amendment on a voice vote"}, {"date": "1992-05-18", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 284", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "1992-01-08", "say": "Introduced"}, {"stop": "House", "mark": "p", "date": "1992-03-03", "say": "Passed with an amendment on a voice vote"}, {"stop": "Senate", "mark": "p", "date": "1992-04-22", "say": "Passed with an amendment on a voice vote"}, {"stop": "Governor", "mark": "p", "date": "1992-05-18", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "", "say": "Chapter 284"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONCURRED", "senate_status": "PASSED/ADOPTED WITH AMENDMENT"}, "sponsors": [{"member_id": "", "name": "Martling", "party": "", "chamber": "H", "county": "Strafford", "district": "4", "label": "Rep. Martling (Straf 4)", "sequence": 0, "prime": true, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Martling of Strafford Dist. 4", "display_plain": "Rep. Martling", "display": "Rep. Martling", "display_full": "Rep. Martling (Straf 4)", "district_label": "Straf 4", "sort": "martling", "slug": ""}, {"member_id": "", "name": "Burling", "party": "", "chamber": "H", "county": "Sullivan", "district": "1", "label": "Rep. Burling (Sull 1)", "sequence": 1, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Rep. Burling of Sullivan Dist. 1", "display_plain": "Rep. Burling", "display": "Rep. Burling", "display_full": "Rep. Burling (Sull 1)", "district_label": "Sull 1", "sort": "burling", "slug": ""}, {"member_id": "", "name": "Hollingworth", "party": "", "chamber": "S", "county": "", "district": "23", "label": "Sen. Hollingworth (SD23)", "sequence": 2, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Hollingworth of Dist. 23", "display_plain": "Sen. Hollingworth", "display": "Sen. Hollingworth", "display_full": "Sen. Hollingworth (SD23)", "district_label": "SD23", "sort": "hollingworth", "slug": ""}, {"member_id": "", "name": "Podles", "party": "", "chamber": "S", "county": "", "district": "16", "label": "Sen. Podles (SD16)", "sequence": 3, "prime": false, "source": "bill text", "prime_inferred": true, "as_printed": "Sen. Podles of Dist. 16", "display_plain": "Sen. Podles", "display": "Sen. Podles", "display_full": "Sen. Podles (SD16)", "district_label": "SD16", "sort": "podles", "slug": ""}], "rollcalls": [{"date": "1992-03-03", "body": "H", "question": "Ought to Pass with Amendment", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}, {"date": "1992-04-22", "body": "S", "question": "Ought to Pass with Amendment", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}, {"date": "1992-04-23", "body": "H", "question": "Concur", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "concur", "mf": {}, "mrec": "Concur"}], "stations": [{"when": "1992-01-28", "time": "10:00", "what": "hearing", "committee": "Judiciary", "body": "H", "venue": "RM208,LOB", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "1992-04-06", "time": "10:00", "what": "hearing", "committee": "Judiciary", "body": "S", "venue": "RM103,LOB", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}], "reports": [], "docket_reports": [{"date": "1992-02-26", "dated": "recorded", "body": "H", "committee": "Judiciary", "side": "Majority", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": 14, "vote_nays": 0, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}, {"date": "1992-04-21", "dated": "recorded", "body": "S", "committee": "Judiciary", "side": "", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": null, "vote_nays": null, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Courts and Procedure", "subject_source": "granite record", "house_committee": "Judiciary", "senate_committee": "Judiciary", "lsr": "1992-2386", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2386&sy=1992&txtsessionyear=1992&txtbillnumber=hb1494&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=2386&sy=1992&txtsessionyear=1992&txtbillnumber=hb1494&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2386&sy=1992&txtsessionyear=1992&txtbillnumber=hb1494&sortoption=billnumber", "kind": "docket"}], "amendments": [], "billtext": {"version": "", "title": "", "analysis": "This bill implements recommendations of the New Hampshire supreme court long-range planning task force, including:\n\n(1) Changes to expand the definition of \"absentee\" qualifying for a conservatorship appointment and to require the appointment of a guardian of the estate of a minor to settle a claim over $5,000 on behalf of the minor.\n\n(2) Allowing the supreme court to make part-time district and probate court judges full-time without the current 70 percent requirement.\n\n(3) Restructuring the judicial council.\n\n(4) Increasing the jurisdiction of the probate and district courts and amending statutes relative to superior court jurisdiction to conform to the increased jurisdiction of the other courts.\n\n(5) Providing for establishment of retention and destruction schedules for court records.\n\n(6) Providing for department of safety drivers' license list as jury pools.\n\nEnrolled Bill Amendment\n\nAMENDED ANALYSIS\n\n(Page 2)\n\n(7) With regard to the district courts, updates methods of determining salaries of the district court special justices; increases district court jurisdiction, including equity jurisdiction; authorizes the supreme court to create regional jury trial courts; and increases the damage amount which entitles the defendant to transfer a case for jury trial to conform with the New Hampshire constitution.\n\n(8) Consolidating partition of real estate laws so that all such cases shall be heard originally in the probate courts.\n\n(9) Establishing procedures for landlord/tenant cases in the district courts and for appeal of such cases to the supreme court.\n\n(10) With regard to the probate courts, consolidates existing and new probate court jurisdiction; provides that trials in probate court will be non-jury; provides for probate court jurisdiction in equity and declaratory judgment matters; provides probate court jurisdiction to quiet title and over express trusts and concurrent jurisdiction with the superior court over other trusts and charitable uses; provides right of appeal to superior court where constitutionally required; updates methods of determining salaries of probate court referees and masters; and provides jurisdiction\n\nto the probate court with respect to fraud, duress, and undue influence as they relate to the execution of a will.\n\nThis bill also places a freeze on the appointment of district court judges unless the current list of justices is exhausted and need is certified by the chief justice of the supreme court.", "fiscal": {"lead": "", "tables": [{"caption": "", "raw": ["The Judicial Branch, Judicial Council and the Department of Safety indicate that this bill, as amended by the House, will have an undeterminable impact on state revenues and expenditures. There is no impact on county and local revenue and expenditures."]}]}, "body": "4076L\n\n09\n\nEnrolled Bill Amendment\n\nHB 1494-FN-LOCAL\n\nnine hundred and ninety-two\n\nimplementing the recommendations of the New Hampshire supreme\n\ncourt long-range planning task force regarding the judicial branch.\n\nBe it Enacted by the Senate and House of Represen-\n\ntatives in General Court convened:\n\n1 Trusts; Cy Pres; Cemetery Trust Funds. Amend the introductory paragraph of RSA 31:22-a to read as follows:\n\n31:22-a Cy Pres, Cemetery Trust Funds. Upon petition of a majority of the board of trustees and upon a finding that it is in the public interest, the superior court or the probate court may direct the application of only accumulated excess trust income for the general care, capital improvements to or expansion of the cemetery relative to which the particular trust applies. The court shall determine from the terms of the particular trust whether the excess income accumulation of the particular burial lot trust fund will not be required for the care of the burial lot in the foreseeable future. In determining this requirement the court shall consider:\n\n2 Durable Power of Attorney for Health Care; Reference to Court Changed. Amend RSA 137-J:16 to read as follows:\n\n137-J:16 Civil Action. Any person who is a near relative of the principal or a responsible adult who is directly interested in the\n\nprincipal by personal knowledge and acquaintance, including but not limited to a guardian, social worker, physician, or clergyman, may file an action in [superior] probate court requesting that the durable power of attorney for health care be revoked on the grounds that the principal was not of sound mind or was under duress, fraud, or undue influence when the durable power of attorney for health care was executed and shall have all the rights and remedies provided by RSA 506:7 which shall apply to documents executed under this chapter and persons acting pursuant to this chapter.\n\n3 Minors; Public Service. Amend RSA 169-B:19, I(h) to read as follows:\n\n(h) Order the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court's order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this paragraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, worker's compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence;\n\n4 New Subparagraph; Minors; Public Service. Amend RSA 169-D:17, I by inserting after subparagraph (c) the following new subparagraph:\n\n(d) Ordering the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official\n\nauthorized to give approval of the city or town in which the offense occurred. The court's order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this subparagraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, worker's compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.\n\n5 Voluntary Corporations; Dissolution; Procedure. Amend RSA 292:9, I to read as follows:\n\nI. Any such corporation, or 1/4 of the members thereof, may apply by petition to the superior court, or in the case of a charitable corporation to the superior court or the probate court, in the county in which the corporation is located, for a decree of dissolution, or for such other relief as may be just; and the court, after due notice to all parties interested and a hearing, may decree that the corporation be dissolved, subject to such limitations and conditions as justice may require. The attorney general shall be notified and given an opportunity to be heard in all cases involving charitable corporations.\n\n6 Voluntary Corporations; Disposition of Property. Amend RSA 292:29, III to read as follows:\n\nIII. The superior court may at any time when it shall be made to appear, upon the petition of any interested party, that the protection of proprietary or other rights requires the doing of any act or thing by or in behalf of any such corporation, order the doing of such acts or things, and for this purpose may appoint and authorize an agent to act for and in the name of such corporation, and any action so ordered and done shall be effective corporate action. The probate court shall have concurrent jurisdiction with the superior court to grant relief in the case of petitions involving charitable corporations brought under this section. The attorney general shall be notified and given an opportunity to be heard in all cases involving charitable corporations.\n\n7 Definitions; Absentee. Amend RSA 464-A:2, I to read as follows:\n\nI. \"Absentee\" means a person serving in or with the armed forces of the United States, or a person serving as a merchant seaman, who has been reported or listed as missing or missing in action or interned in a neutral country or has been beleaguered, besieged or captured by an enemy or any person who has not been seen or heard from for a period of time sufficient to raise a presumption in the discretion of the probate court that such person has abandoned his or her estate or is otherwise incapable of the prudent management of his or her affairs.\n\n8 Absentees; Notice. Amend RSA 464-A:17 to read as follows:\n\n464-A:17 Appointment for Absentees. Whenever an absentee has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to such property or interest,\n\nthen, the probate court of the county of such absentee's legal domicile or of the county where [such] the property is [situated] located, either on the court's own motion or upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person who would have an interest in the property of the absentee were such absentee deceased, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, as well as notice by publication once in a newspaper of general circulation in the county of such absentee's legal domicile or of the county where the property is located and, if in a different county, once in a newspaper of general circulation of the county where such absentee was last seen, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the court.\n\n9 Special Administrator; Authorization of Action. Amend RSA 464-A:20, II to read as follows:\n\nII. Where the value of the property or other subject matter is $5,000 or more, the application shall set forth, under oath, in addition to the information required in paragraph I, the following: the names, addresses and ages of the spouse, children, father, mother, brothers, sisters, or if none of these are living, the next of kin of the absentee; the names, addresses and ages of any other person who would have an interest in the property or the estate of the absentee if he or she were deceased; whether or not the absentee has a will and its whereabouts and\n\ncontents if known; and a statement of all property of the absentee and the approximate value of same. Upon receipt of the application, the court shall schedule a hearing thereon and give notice to all persons named in the application by registered mail and by publication as provided in RSA 464-A:17. The court may appoint guardians ad litem to represent the absentee or other interested persons under disability in connection with the hearing. If after the hearing the court finds the matters set forth in the application to be true and further finds that the proposed action should be authorized and that there is no necessity for the appointment of a conservator, the court shall grant the authority applied for. The court may impose reasonable conditions to safeguard the proceeds of any transaction authorized, or otherwise to protect the interest of the absentee or his dependents, but third persons dealing in good faith with the person authorized to act shall not be held responsible for compliance with any such conditions the court may impose.\n\n10 Settlements on Behalf of Minors; Guardian Required. Amend RSA 464-A:42 to read as follows: 464-A:42 Settlements on Behalf of Minors. No settlement, the amount of which exceeds [$1,500] $5,000, of any suit or claim brought on behalf of [an infant] a minor by parent or next friend shall be valid unless approved by the court in which the action is pending or to which [the] a writ [is] may be made returnable. [In any suit on behalf of an infant or against an infant or in which an infant is interested, the court may make all necessary orders for protecting the interests of the infant and may require the guardian ad litem, parent or next friend to give bond to truly account for all money received on behalf of the infant\n\nwhether through settlement, judgment, decree or other order.] In any suit or claim on behalf of a minor or against a minor or in which a minor is interested which exceeds $5,000, the court shall require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor whether through settlement, judgment, decree or other order, has been appointed guardian of the estate of such minor and is subject to the duties prescribed under RSA 464-A:26.\n\n11 Jurisdiction; Superior Court. Amend RSA 491:7 to read as follows:\n\n491:7 Jurisdiction. The superior court shall take cognizance of civil actions and pleas, real, personal and mixed, according to the course of the common law, except such actions as are required to be brought in the district courts under RSA 502-A or the probate courts under RSA 547; of writs of mandamus and quo warranto and of proceedings in relation thereto; of actions for support for children of unwed parents; of petition and appeals relating to highways and property taken therefor and for other public use; of [factual issues certified by] actions commenced in the probate or district courts [to the superior court for] where a right to jury trial is guaranteed by the constitution; [of appeals from commissioners of insolvent estates;] of actions commenced in a district court [wherein the title to real estate is brought in question, or] which [for other reasons] are transferable by statute to the superior court; [of appeals from district courts in actions against tenants where final\n\njudgment has been there rendered;] of suits in equity under RSA 498:1; of petitions of divorce, nullity of marriage, alimony, custody of children and allowance to wife from husband's property for support of herself and children; of petitions for new trials; of petitions for [partition and for] the redemption and foreclosure of mortgages; of all other proceedings and matters to be entered in, or heard at, said court by special provisions of law; and of all other proceedings and matters cognizable therein for which other special provision is not made.\n\n12 Equity Procedures; Superior Court. Amend RSA 491:14 to read as follows:\n\n491:14 Equity Procedure. Suits in equity, petitions for divorce, nullity of marriage, alimony, custody of children, allowance to wife from husband's property, new trials, [partition,] redemption and foreclosure of mortgages, writs of mandamus and quo warranto, 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, such suits may be heard by any justice of the court at any time, but nothing [herein] contained in this section shall be construed as limiting the power of the court to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.\n\n13 Declaratory Judgments; Superior Court. Amend RSA 491:22 to read as follows:\n\n491:22 Declaratory Judgments. Any person claiming a present legal\n\nor equitable right or title may maintain a petition against any person claiming adversely to such right or title to determine the question as between the parties, and the court's judgment or decree thereon shall be conclusive. The district court shall have concurrent jurisdiction over such claims arising under its subject matter jurisdiction authority in RSA 502-A except that the defendant shall have the right to remove said declaratory judgment action to the superior court, subject to conditions established by rule of court, if the claim exceeds $1,500. The court of probate shall have exclusive jurisdiction over such claims arising under its subject matter jurisdiction authority in RSA 547 and RSA 552:7. No petition shall be maintained under this section to determine coverage of an insurance policy unless it is filed within 6-months after the filing of the writ which gives rise to the question; provided, however, that the foregoing prohibition shall not apply where the facts giving rise to such coverage dispute are not known to, or reasonably discoverable by, the insurer until after expiration of such 6-month period; and provided, further, that the superior court may permit the filing of such a petition after such period upon a finding that the failure to file such petition was the result of accident, mistake or misfortune and not due to neglect.\n\n14 District Court Justices; Salaries; Change of Status. Amend RSA 491-A:3, III and IV to read as follows:\n\nIII. The salary of a part-time justice shall not exceed 70 percent of the salary of a full-time district court justice as provided by RSA 491-A:1. Judicial time shall be measured in weighted case units which shall reflect judicial time required to process a case. The compensation\n\nper weighted case unit shall be proportional to the compensation for a full-time judge. A part-time justice, whose weighted caseload equals 3.5 judicial days per week, shall receive the maximum salary as provided by this section [and shall be considered for full-time status as provided in paragraph IV]. The compensation schedule provided by this section shall be based upon the salary of a full-time district court justice pursuant to RSA 491-A:1.\n\nIV. [If application of this or other provision of law results in a part-time district court justice receiving a salary which equals 70 percent of the salary of a full-time district court justice,] The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources and other relevant criteria, may determine that said justice shall become full-time, provided that funds have been specifically appropriated for the salary and benefits for a full-time district court justice.\n\n15 Probate Judges; Salaries; Change of Status. Amend RSA 491-A:4, III and IV to read as follows:\n\nIII. The salary of a part-time justice shall not exceed 70 percent of the salary of a full-time district court justice as provided by RSA 491-A:1. Judicial time shall be measured in weighted case units which shall reflect judicial time required to process a case. The compensation per weighted case unit shall be proportional to the compensation for a full-time judge. A part-time justice, whose weighted caseload equals 3.5 judicial days per week, shall receive the maximum salary as provided by this section [and shall be considered for full-time status as provided in paragraph IV]. The compensation schedule provided in this section shall be based upon the salary of a full-time district court justice pursuant to RSA\n\n491-A:1.\n\nIV. [If application of this or any other provision of law results in a probate judge receiving a salary which equals 70 percent of the salary of a full-time district court justice,] The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources and other relevant criteria, may determine that [said] any part-time probate judge become full-time, provided that funds have been specifically appropriated for the salary and benefits for a full-time probate judge.\n\n16 Judicial Council; Membership. RSA 494:1 is repealed and reenacted to read as follows:\n\n494:1 Judicial Council. There is hereby established a judicial council which shall consist of the following:\n\nI. The 5 members of the judicial branch administrative council, appointed pursuant to supreme court rules.\n\nII. The attorney general or designee.\n\nIII. A clerk of the superior court, selected by the Superior Court Clerks' Association.\n\nIV. A clerk of the district and municipal courts, selected by the District Court Clerks' Association.\n\nV. The president-elect of the New Hampshire Bar Association.\n\nVI. The chairperson of the senate judiciary committee or a designee from such committee appointed by the chairperson.\n\nVII. The chairperson of the house judiciary committee or a designee from such committee appointed by the chairperson.\n\nVIII. Eight other members appointed by the governor and council, 3 of whom shall be members of the New Hampshire Bar Association of wide\n\nexperience who have been admitted to practice in the state for more than 5 years, and 5 of whom shall be lay persons; and\n\nIX. Five other members appointed by the chief justice of the supreme court, 3 of whom shall be members of the New Hampshire Bar Association of wide experience who have been admitted to practice in the state for more than 5 years, and 2 of whom shall be lay persons.\n\n17 Judicial Council; Appointment and Tenure of Office. RSA 494:2 is repealed and reenacted to read as follows:\n\n494:2 Appointment and Tenure of Office. The term of each member except the members of the judicial branch administrative council, the attorney general, the president-elect of the New Hampshire Bar Association, and the chairpersons of the senate and house judiciary committees shall be for 3 years and until a successor is appointed and qualified. Vacancies shall be filled for the remainder of the term in the same manner and from the same group as the original appointment. Each member of the judicial branch administrative council, the attorney general, the president-elect of the New Hampshire Bar Association, and the chairpersons of the senate and house judiciary committees shall be ex officio members and shall serve during their term of office.\n\n18 Judicial Council; Duties. RSA 494:3 is repealed and reenacted to read as follows:\n\n494:3 Duties of the Council. It shall be the duty of the judicial council:\n\nI. To serve as an institutional forum for the on-going and disinterested consideration of issues affecting the administration of\n\njustice.\n\nII. To survey and study continuously the administration of justice within the state and the organization, procedure, practice, rules and methods of administration and operation of the courts of the state.\n\nIII. To devise ways of simplifying judicial procedure, expediting the transaction of judicial business, and of improving the administration of justice.\n\nIV. To recommend and provide general information to the general court, to the supreme court, to the superior court, to the probate court, and to the district and municipal courts, to any public official, department or agency or to the state bar association, either upon request or upon the council's own motion, such changes in the law or in the rules, organization, operation or methods of conducting the business of the courts, or with respect to any other matter pertaining to the administration of justice, as it may deem desirable.\n\nV. To collect, compile, analyze and publish statistics pertaining to the judicial system as prepared and provided by the administrative office of the courts.\n\nVI. To serve as a catalyst for the discussion of legal and judicial issues through seminars, forums and special studies, and any other means, within the limits of available state and private funding.\n\n19 Judicial Council; Biennial Reports. RSA 494:4 is repealed and reenacted to read as follows:\n\n494:4 Biennial Reports. The council shall report to the governor and council biennially on its activities and shall submit with the report its\n\nrecommendations, if any, for improving the administration of justice. The biennial report, and any and all other reports, studies and recommendations may be printed, based upon available funding, and made available to members of the general court, the supreme, superior, probate and district and municipal courts and to the public.\n\n20 Judicial Council; Meetings. RSA 494:5 is repealed and reenacted to read as follows:\n\n494:5 Meetings. The regular meetings of the council shall be held in January, April and October of each year, and at such other times as the council or its chairman may determine.\n\n21 Judicial Council; Organization; Expenses. RSA 494:7 is repealed and reenacted to read as follows:\n\n494:7 Organization of Council; Expenses. The council shall elect a chairperson and a vice chairperson from among its members. The executive director shall serve as a secretary when the council is meeting. The council may make all necessary rules and regulations for its own procedures and the conduct of its meetings. The meetings of the council shall be held in compliance with the provisions of RSA 91-A, the right-to-know law. Members of the council shall receive no compensation for their services, but shall be allowed their actual expenses while attending to the business of the council, and the council shall be allowed its expenses to be paid out of any funds appropriated for that purpose.\n\n22 Superior Court; Terms. Amend the introductory paragraph of RSA 496:1, I to read as follows:\n\nI. Terms of the superior court shall be held annually at the\n\nfollowing places in the following counties or judicial districts thereof:\n\n23 Superior Court; Terms. Amend RSA 496:1, I(f) to read as follows:\n\n(f) For the county of Hillsborough: At Manchester for the northern judicial district and at Nashua for the southern judicial district. The [court facility in Manchester] northern judicial district shall include and serve the city of Manchester and the towns of Amherst, Antrim, Bedford, Bennington, Deering, Francestown, Goffstown, Greenfield, Hancock, Hillsborough, Lyndeborough, Mont Vernon, New Boston, Peterborough, Weare and Windsor. The [court facility in Nashua] southern judicial district shall include and serve the city of Nashua and the towns of Brookline, Greenville, Hollis, Hudson, Litchfield, Mason, Merrimack, Milford, New Ipswich, Pelham, Sharon, Temple and Wilton.\n\n24 Superior Court; Jurisdiction. Amend RSA 498:1 to read as follows:\n\n498:1 Jurisdiction. The superior court shall have the powers of a court of equity in the following cases: Charitable uses; trusts other than express trusts as that term is defined in RSA 564-A:1; fraud, accident and mistake; the affairs of partners, joint tenants or owners and tenants in common; the redemption and foreclosure of mortgages; contribution; waste and nuisance; the specific performance of contracts; discovery; cases in which there is not a plain, adequate and complete remedy at law; and in all other cases cognizable in a court of equity, except that the court of probate shall have exclusive jurisdiction over equitable matters arising under its subject matter jurisdiction authority in RSA 547, RSA 547-C and RSA 552:7.\n\n25 Real and Personal Property; Disputed Titles. Amend RSA 498:5-a to read as follows:\n\n498:5-a Real and Personal Property; Disputed Titles. An action may be brought in the superior court by any person claiming title to, or any interest in, real or personal property, or both, against any person who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, lien, claim or title conflicting with the plaintiff's claim, title or interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same, except that the court of probate shall have exclusive jurisdiction over disputes in title arising under RSA 547 and RSA 547-C. An action may also be brought in the superior court by the holder of a tax collector's deed who desires to quiet his title to the property conveyed under such deed. The petition in either such action shall describe the property in question and state the plaintiff's claim, interest or title and the manner in which the plaintiff acquired such claim, interest or title and shall name the person or persons who may claim such adverse estate or interest.\n\n26 Superior Court Records; Retention and Destruction. RSA 499:4-a is repealed and reenacted to read as follows:\n\n499:4-a Destruction of Records. The superior court shall establish, subject to the approval of the supreme court, retention and destruction\n\nschedules for original files, papers and records in cases and matters disposed of by the court. The superior court shall be responsible for the implementation of the schedules and for directing that any files having the potential for historical significance shall be preserved or transferred to any public historical society or corporation organized for the preservation of historical documents. The schedule may provide for original records to be sent to the records center established under RSA 5.\n\n27 Definitions. RSA 500-A:1 is repealed and reenacted to read as follows:\n\n500-A:1 Definitions. In this chapter:\n\nI. \"Clerk\" means the clerk of the superior court in each county or judicial district or any of his deputies.\n\nII. \"Court\" means the superior court.\n\nIII. \"Department\" means the New Hampshire department of safety.\n\nIV. \"Master jury list\" means the list compiled by the department from the official record of persons who hold a current New Hampshire driver's license or a department of safety identification card.\n\n28 Preparation of Master Jury List. RSA 500-A:2 is repealed and reenacted to read as follows:\n\n500-A:2 Preparation of Master Jury List. The department shall annually, between June 1 and July 1, prepare and deliver to the clerk of court a master jury list for each county or judicial district thereof. A duplicate list shall be retained by the department.\n\n29 Qualification Forms for Jurors. RSA 500-A:6, I is repealed and reenacted to read as follows:\n\nI. When ordered to do so by the court, the clerk shall draw at random from the master jury list the names or identifying numbers of as many prospective jurors as the court by order requires. The names or identifying numbers of prospective jurors may be chosen either by random drawing or by computer on a random basis. The clerk shall prepare an alphabetical list of the names drawn. The names drawn on the list may be disclosed only to persons authorized to see the list under this chapter or upon specific order of the court.\n\n30 Discharge by the Court. Amend RSA 500-A:10 to read as follows:\n\n500-A:10 Discharge by Court. If a person selected and attending court as a juror is deemed by the court to be mentally or physically unfit to act as a juror, he shall be discharged. Another juror may be drawn in his place from the same [town] county or judicial district thereof.\n\n31 Municipal Judges; Salaries. Amend RSA 502:7 to read as follows:\n\n502:7 Salaries of Justices. [The towns in which the municipal courts are located shall annually appropriate and pay the justices salaries, monthly or quarterly,] The salaries of the municipal court justices shall be computed in the same manner as for district court justices under RSA 502-A:6, I.\n\n32 Powers of Other Justices. Amend RSA 502-A:5 to read as follows:\n\n502-A:5 Powers of Other Justices. If the justice and special justice of a district court are disqualified [or unable from any cause to sit in any case, a member of the bar of New Hampshire who is a disinterested justice of the peace within the district], disabled, otherwise unable to sit, or in need of assistance, [or] a disinterested justice or special\n\njustice from another district court, attending upon assignment of the administrative judge of the district and municipal court or upon written request of the justice, may hear and determine [the case] all cases brought before that justice and issue final process therein, and he shall keep a record thereof, which shall be kept with and constitute a part of the records of said court, all of which shall have like effects as if it were heard and determined by the justice of said court.\n\n33 District Court Justices; Salaries. Amend RSA 502-A:6, II to read as follows:\n\nII. The annual salaries of the special justices of the district courts appointed prior to July 1, 1987, shall be an amount equal to 30 percent of the salary paid to the justices, as provided in paragraph I, or the current annual salary of the special justice for 1987, whichever is greater. Provided further that the special justice may receive, and all special justices appointed after July 1, 1987, shall receive, [the same] per diem compensation [as is generally allowed to masters serving in superior court] determined by the supreme court upon recommendation by the judicial branch administrative council, plus reasonable expenses as determined by the supreme court. In those cases where prior to July 1, 1987, the special justice was paid on a per diem basis, such per diem payment shall continue unless changed by the supreme court. In the event of the death, resignation, or retirement of the justice and when no appointment is made to fill the vacancy caused thereby for a period of 60 days, the special justice shall then be paid the salary of the justice until his vacancy is filled. If the justice is absent due to illness or\n\ndisqualification for any other reason for a period of more than 60 days, the special justice shall be entitled to the salary of the justice until the justice is able to assume his duties. Whenever a justice or special justice sits in another court by request, he or she shall be paid [$30 per hour for each hour or part thereof that he shall serve in said capacity; provided, however, that he shall not receive more than] the same per diem compensation as is generally allowed to [masters serving in the superior court] per diem special justices sitting in their own courts, plus reasonable expenses.\n\n34 New Section; District Court; Referees. Amend RSA 502-A by inserting after section 6-a the following new section:\n\n502-A:6-b Retired Justices of District Court. Each justice of the district court retired therefrom by age limitation who has served on such court shall upon retirement become a referee. Such referees shall be empowered and may be assigned to act as such in the district courts, and their powers and the procedures for hearings before them shall be determined by statute or rule of court. Such referees shall be allowed their expenses and a per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule.\n\n35 District Courts; Jurisdiction; Criminal Cases. Amend RSA 502-A:11 to read as follows:\n\n502-A:11 Criminal Cases, District Courts. Each district court shall have the powers of a justice of the peace and quorum throughout the state and shall have original jurisdiction, subject to appeal, of all crimes and\n\noffenses committed within the confines of the district in which such court is located which are punishable by a fine not exceeding [$1,000] $2,000 or imprisonment not exceeding one year, or both, including all violations of the provisions of RSA 266:16 and 266:25 pertaining to vehicles exceeding permitted size or weight, regardless of whether the defendant is a natural person or any other person; provided, however, that any town which may vote to continue its municipal court in accordance with the provisions of RSA 502-A:35 shall have exclusive jurisdiction over offenses committed within the confines of that town, in accordance with the provisions of RSA 502:18, until such municipal court is subsequently abolished under the provisions of RSA 502-A:35.\n\n36 New Section; District Courts; Regional Jury Trial. Amend RSA 502-A by inserting after section 12 the following new section:\n\n502-A:12-a Regional Jury Trials. The supreme court shall have the authority to designate one or more district courts to be regional jury trial courts. The region served by said courts shall be determined by the supreme court after due consideration of all relevant factors including: adequacy of present facility, staffing requirements, judicial economy and efficiency, and convenience to the public. In any region so designated by the supreme court, and in any case where trial by jury is demanded at arraignment or within a time to be determined by rule of court, said trial under this section shall be to the regional jury trial district court and not to the superior court. Questions of law may be appealed therefrom to the supreme court.\n\n37 District Courts; Concurrent Jurisdiction. Amend RSA 502-A:14, II\n\nand II-a to read as follows:\n\nII. CONCURRENT JURISDICTION. All district courts shall have concurrent jurisdiction with the superior court of civil actions for damages in which the damages claimed do not exceed [$10,000] $25,000, the title to real estate is not involved and the plaintiff or defendant resides within the district where such court is located. In all such actions, unless trial by jury is claimed as provided in RSA 502-A:15, the parties shall be heard by the justice, associate justice or special justice, [and the] who shall make findings of fact which shall be final. Questions of law may be transferred to the supreme court in the same manner as from the superior court.\n\nII-a. EXPANDED CONCURRENT JURISDICTION. The supreme court shall have the authority to increase the concurrent jurisdiction as provided in paragraph II of those district courts it selects, after consultation with the individual district courts, to hear civil actions in which the damages claimed do not exceed [$20,000] $50,000, the title to real estate is not involved, and the plaintiff or defendant resides within the district where such court is located. In all such actions, unless trial by jury is claimed as provided in RSA 502-A:15, the parties shall be heard by the justice, associate justice or special justice; [and the] who shall make findings of fact which shall be final. Questions of law may be transferred to the supreme court in the same manner as from the superior court.\n\n38 Transfers to Superior Court; Jury Trial. Amend RSA 502-A:15 to read as follows:\n\n502-A:15 Jury Trial.\n\nI. In cases in which the damages claimed exceed $1,500 or the title to real estate is involved, if the defendant, upon the entry of any action for damages under RSA 502-A:14, II or II-a, within [5] 7 days of the [entry] return date of the action or within such additional time as the district court for good cause may allow, files a written request for trial by jury, the cause shall be at once transferred to the superior court or to the regional jury trial district court, as provided in paragraph II, for the county or judicial region in which the [district] court is located, to be heard and tried as if originally entered in the [superior] transferee court. The original entry fee and cost of transferring the action shall be paid by the [plaintiff] moving party but shall be recoverable as costs if the [plaintiff] moving party prevails in the action. If, after transfer for trial by jury, the moving party waives the right to jury trial, the cause shall at once be remanded to the district court of original jurisdiction.\n\nII. The supreme court shall have the same authority to designate regional jury trial district courts to hear and determine civil causes as under RSA 502-A:12-a. In any region so designated, the case to be transferred shall be transferred to the regional jury trial district court and heard and tried as if originally entered there. Questions of law may be appealed therefrom to the supreme court.\n\n39 District Courts; Pleas by Mail. RSA 502-A:19-b, I and II are repealed and reenacted to read as follows:\n\nI. Such defendant shall receive, in addition to his summons, a\n\nuniform fine schedule entitled \"Notice of Fine, New Hampshire District and Municipal Courts\" which shall contain the usual fines for violations of the provisions of title XXI on vehicles, excluding violations of RSA 265:79, 265:82 or any offense which is a misdemeanor or felony; the usual fines for violations of the provisions of RSA 270, 270-A, and 270-E, excluding any offense which is a misdemeanor or felony; and the usual fines for violations of the provisions of title XVIII on fish and game laws, excluding any offense which is a misdemeanor or felony. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except, if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally must do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the clerk of the court prior to the arraignment date or appear in court on the date of arraignment. Defendants in violation of the provisions of title XVIII shall be subject to the provisions of RSA 207:18 and RSA 214:19.\n\nII.(a) Whenever a defendant does not enter a plea by mail prior to the arraignment day or does not appear personally or by counsel on or before that date or move for a continuance, the defendant shall be defaulted and the court shall determine what the fine would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the fine and penalty assessment, and in the case of\n\nviolations of title XXI, the defendant's driving privileges shall be suspended as provided in RSA 263:56-a. The provisions of RSA 207:18 and RSA 214:19, as applicable, shall apply to a defendant in violation of the provisions of title XVIII.\n\n(b) Whenever a defendant otherwise fails to appear for a scheduled court appearance in connection with a summons for any violation level offense set forth in titles XVIII, XXI or XXII, the court shall proceed to hear the state's evidence, by offer of proof or otherwise, and enter a finding in accordance therewith. In the event a finding of guilty is made, the court shall set the fine, and the clerk shall forthwith mail or deliver to the defendant at the defendant's last known mailing address a notice of finding and imposition of fine form approved by the administrative judge of the district court, appointed pursuant to supreme court rule. Payment of the fine in full shall be required no later than 30 days from the date of said notice. Upon the failure of any defendant to remit said payment, the procedure required by subparagraph II(a) shall be followed by the court. No finding made by the court under this section shall be set aside except for good cause shown.\n\n(c) In defaulted cases of violations of title XXI or title XVIII, the court shall notify the director of the division of motor vehicles of the defendant's default of a title XXI violation, or the executive director of the department of fish and game of the defendant's default of a title XVIII violation, and the amounts of the fine and other penalties on a form prescribed by the director of the division of motor vehicles or the executive director of the department of fish and game, as appropriate. The\n\namount of the administrative processing fee shall be determined by the New Hampshire supreme court in accordance with the provisions of paragraph V of this section.\n\n40 District and Municipal Court Records; Retention and Destruction. RSA 502-A:27-a is repealed and reenacted to read as follows:\n\n502-A:27-a Destruction of Records. The district court, subject to the approval of the supreme court, shall establish retention and destruction schedules for those original files, papers and records in cases and matters disposed of by the court. The district court shall be responsible for the implementation of the schedules and for directing that any files having the potential for historical significance shall be preserved or transferred to any public historical society or corporation organized for the preservation of historical documents. The schedule may provide for original records to be sent to the records center established under RSA 5.\n\n41 District and Municipal Court Financial Records. RSA 502-A:27-b is repealed and reenacted to read as follows:\n\n502-A:27-b Financial Records. The retention and destruction policy established by RSA 502:27-a shall provide for financial records to be retained for the current fiscal year and the preceding 5 fiscal years.\n\n42 Transitory Actions. Amend RSA 507:9 to read as follows:\n\n507:9 Transitory. Transitory actions, in which any one of the parties is an inhabitant of the state, shall be brought in the county or judicial district thereof where some one of them resides. If no one of the parties is an inhabitant of the state, the action may be brought in any county or judicial district.\n\n43 Actions by or Against Executor. Amend RSA 507:10 to read as follows:\n\n507:10 By or Against Executor. An action by or against an executor or administrator shall be brought in the same county or judicial district thereof or in one of the counties or judicial district thereof in which it might have been brought by or against the testator or intestate at the time of his death; provided, that nothing in this section shall affect the right of any executor or administrator to maintain an action in the county [wherein] or judicial district in which he or she is appointed.\n\n44 Trustee Process. Amend RSA 512:2 to read as follows:\n\n512:2 Venue. Such action shall be brought in the county or judicial district thereof in which it should be brought if no trustee were summoned.\n\n45 Landlord-Tenant; Appeals. RSA 540:20 is repealed and reenacted to read as follows:\n\n540:20 Appeal. Any party to an action brought pursuant to this chapter shall, within 7 days of the notice of judgment date, file in the district court notice of intent to appeal to the supreme court. Said appeal shall otherwise be filed in accordance with supreme court rule. In all other respects, the judgment of the district court shall be final at the expiration of the appeal period.\n\n46 Landlord-Tenant; Damages. Amend RSA 540:23 to read as follows:\n\n540:23 Plaintiff's Damages. If a defendant files a plea of title or appeals, and the plaintiff recovers judgment against [him] the defendant, the court shall cause [his] plaintiff's damages, exemplary\n\nor otherwise, including a just compensation for the use and detention of the property and for any injury thereto, to be assessed [by the jury who try the issue, or otherwise,] and may issue execution therefor, or the same may be recovered on the recognizance taken as before provided.\n\n47 Landlord-Tenant; Recognizance. Amend RSA 540:25 to read as follows:\n\n540:25 Recognizance, by Defendant. The defendant[, while his appeal is pending,] shall pay into court or to the plaintiff, as the court directs, all rents becoming due [after the appeal] from the date the notice of intent to appeal is filed with the district court. In any case in which the duty to pay rent or a portion thereof is in dispute, the defendant shall be required to pay such portion of the rents becoming due after the [appeal] notice of intent is filed into court, as the court may direct, which amounts shall be held by the court in escrow until a final decision is rendered. After such decision has been rendered, the escrowed rent money and any accrued interest thereon shall be apportioned between plaintiff and defendant on the basis of a finding of rent actually due [during the pendency of the appeal]. For the purpose of this section, \"rent\" shall mean the amount of money called for by the lease or rental agreement at the time the action for possession was instituted.\n\n48 Remedies for Certain Nuisances; Venue. Amend RSA 544:4 to read as follows:\n\n544:4 Venue. Such proceeding shall be in the superior court of the county or judicial district thereof in which the property is located.\n\n49 Probate Courts; Jurisdiction. RSA 547:3 is repealed and reenacted to read as follows:\n\n547:3 Jurisdiction. The probate court shall have exclusive jurisdiction over the following: jurisdiction of the probate of wills; the granting of administration of all matters and things of probate jurisdiction relating to the composition, administration, sale, settlement and final distribution of estates of deceased persons, including the assignment of homestead and claims against the executor or administrator for those services related to the prior care and maintenance of the decedent and the administration of insolvent estates and appeals therefrom; the exclusive jurisdiction to interpret and construct wills and to interpret, modify, and terminate testamentary and express trusts as that term is defined in RSA 564-A:1, I, and as to the appointment of and administration by trustees, in the cases prescribed by law; jurisdiction in relation to the appointment and removal of conservators, and of the guardians of minors, mentally incompetent persons and spendthrifts, and in relation to the duties by law imposed on such conservators and guardians, and the management and disposition of the estates of their wards; jurisdiction in relation to the adoption of children; jurisdiction of petitions for partition and to quiet title of real estate pursuant to RSA 547-C; for cause shown, to change the names of persons who apply therefor; to terminate parental rights; jurisdiction of declaratory judgment actions pursuant to RSA 547:11-b, jurisdiction in relation to durable power of attorney for health care under RSA 137-J; and any other jurisdiction as may be granted by statute. The probate court shall have concurrent jurisdiction with the superior court in cases involving charitable uses and trusts other than express trusts as that term is defined in RSA 564-A:1, I.\n\n50 New Sections; Probate Courts; Issues to Court Petition; Jurisdiction. Amend RSA 547 by inserting after section 3 the following new sections:\n\n547:3-a Issues to Court. In any proceeding before a probate court involving material facts which are in dispute, the probate court shall have jurisdiction to try such factual issues to court after due notice to all interested parties. However, the probate court may, if the interests of an estate require it, appoint a special administrator under RSA 553:20.\n\n547:3-b Equity Jurisdiction. The probate court shall have the powers of a court of equity in cases in which there is not a plain, adequate and complete remedy at law involving partition, guardianships, conservatorships and the probate of an estate and in all other like cases cognizable in a court of equity arising under RSA 547, RSA 547-C and RSA 552:7. The probate court shall have concurrent jurisdiction with the superior court in cases involving charitable uses and trusts other than express trusts as that term is defined in RSA 564-A:1, I. The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice.\n\n547:3-c Deviation from Terms of Trust. In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of the trust relating to the property or the kinds of classes of property which may be held under the trust would defeat or substantially impair the accomplishment of the purposes of the trust, the\n\ncourt may, upon the filing by the trustee of a bill in equity for instructions and upon notice to all parties in interest, enter a decree permitting the trustee to deviate from such terms of the trust and directing the trustee, if necessary to carry out the purposes of the trust, to sell all or any part of the property held under the trust and to invest the proceeds of such sale in kinds or classes of property which are lawful investments for trustees of estates. No such decree, after its entry, shall thereafter operate to relieve any trustee of any duty imposed by law relating to the investment of trust funds and the exercise of reasonable care for the preservation thereof. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over the trustees, trusts or trust funds.\n\n547:3-d Cy Pres Doctrine. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust shall not fail. Upon petition by the trustee or trustees or the attorney general, the probate court may direct the application of the property to some charitable purpose which is useful to the community, and which charitable purpose fulfills as nearly as possible the general charitable intent of the settlor or testator. In applying the doctrine of cy pres, the court may order the distribution of the trust assets to another charitable trust or to a charitable corporation to be held and administered by it in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under this section and\n\nRSA 547:3-e.\n\n547:3-e Federal Taxation. Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United State Internal Revenue Code on the income or principal of the trust, or by reason of administrative burden or disproportionate cost of administration, then the court, in order to prevent the diversion of funds from the charitable purpose by federal taxation, may enter a decree:\n\nI. Modifying or enlarging the powers granted the trustee, or declaring that a trustee does not have certain powers under New Hampshire law to the extent necessary in order to bring the terms of the governing instrument into compliance with the tax exemption requirements of federal law.\n\nII. Authorizing the trustee to make charitable distributions from principal.\n\nIII. Terminating the trust and directing the distribution of the trust assets to another charitable trust or to a charitable corporation, to be held and administered in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under RSA 547:3-d and this section.\n\nIV. Removing the trustee or trustees, or directing the appointment of new or additional trustees.\n\nV. Reducing or limiting the charitable organizations or classes of charitable organizations or charitable objects which may be benefited under the trust instrument.\n\n547:3-f Inapplicability of Cy Pres. Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor.\n\n547:3-g Definitions. For the purposes of RSA 547:3-h and for the purposes of any petition for deviation under RSA 547:3-c or under common law equity powers the following words shall have the meanings ascribed here unless the context indicates otherwise:\n\nI. \"Charitable trust\" means any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it and subjecting the person by whom the property is held to equitable duties to deal with the property for charitable or community purposes.\n\nII. \"Trustee\" means:\n\n(a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust or charitable purpose.\n\n(b) A corporation formed for the administration of a charitable trust pursuant to the directions of the settlor or at the instance of the trustee.\n\n547:3-h Termination of Charitable Trusts. If the probate court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitable trust or corporation, or to the\n\nbeneficiaries of said trust, the trust is subject to termination by the court upon such terms and conditions as it may impose. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over trustees, trusts or trust funds.\n\n51 New Sections; Probate Courts; Declaratory Judgments; Quiet Title; Appeals. Amend RSA 547 by inserting after section 11-a the following new sections:\n\n547:11-b Declaratory Judgments. Any person claiming a present legal or equitable right or title to real or personal property listed in the estate of deceased persons or listed as guardianship, conservatorship, or trust assets may maintain a petition against the estate, guardian, conservator, or trustee to determine the question as between the parties, and the court's judgment or decree thereon shall be conclusive.\n\n547:11-c Quiet Title. An action may be brought in probate court by any person claiming title to, or any interest in, real or personal property, or both, listed in the estate of a deceased person or listed as guardianship, conservatorship, or trust assets over which the probate court has jurisdiction, against the estate, guardian, conservator, or trustee who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same. In any\n\naction brought under this provision, where applicable, the procedure set forth in RSA 498:5-b through 5-d shall be followed.\n\n547:11-d Appeals. In cases where a right to jury trial is guaranteed by the constitution or granted by statute, a person may, at the time judgment by the probate court is declared, appeal therefrom to the superior court. The appeal shall be entered 15 days from the date of the register's issuance of the notice of decision unless for good cause shown the time is extended by the superior court. If such an appeal is taken, the superior court shall expedite such requests and schedule the case for trial in as timely a manner as possible. In all cases which are so appealed, it shall be the duty of the superior court to transmit to the judge of the probate court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.\n\n547:11-e Failure to Prosecute Appeal. If the appellant fails to enter an appeal within the time limited and prosecute such appeal, a record thereof shall be made, and, within 10 days, the clerk of court shall transmit to the probate court appealed from a certificate of such forfeiture.\n\n52 If Disqualified to Sit. Amend RSA 547:15 to read as follows:\n\n547:15 If Disqualified to Sit. If the judge disqualifies himself, by reason of a conflict of interest or otherwise, to sit in any case, he shall cause a record of the disqualification to be made and shall adjourn the case to another time and place. Upon the assignment of the administrative judge of the probate court, a full-time judge or, if he is unavailable, another judge shall have the power to make any decree or order\n\nwhich could have been made by the judge before whom the case was originally entered, had he not disqualified himself.\n\n53 Vacancy. Amend RSA 547:18 to read as follows:\n\n547:18 Vacancy. Whenever there is a vacancy in the office of the judge of probate of any county, the [register of probate] administrative judge of the probate court shall call upon the judge of some other county, who shall act during such vacancy. Such judge who is called upon[, with prior approval of the supreme court,] shall receive [the same per diem compensation as is generally allowed to masters serving in the superior court] per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, plus reasonable expenses, which shall be paid by the state.\n\n54 Absence or Inability to Attend. Amend RSA 547:18-a to read as follows\n\n547:18-a Absence or Inability to Attend. Whenever a judge of probate in any county shall be absent or unable to attend a session of the probate court, the [register of probate] administrative judge of the probate court shall call upon the judge of some other county, who shall act during such absence or inability. Such judge who is called upon[, with prior approval of the supreme court,] shall receive [the same per diem compensation as is generally allowed to masters by the superior court] per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, plus reasonable expenses, which shall be paid by the state.\n\n55 Probate Judges; Retired Referees, Compensation. Amend RSA 547:19-c\n\nto read as follows:\n\n547:19-c Retired Judges of Probate. Each judge of the probate court retired therefrom by age limitation who has served on such court [for at least 7 years] shall upon retirement become a referee. Such referees shall be empowered to act as such in the probate courts, and their powers and the procedures for hearings before them shall be determined by statute or rule of court. Such referees shall be allowed their expenses and a per diem compensation [at the same rate as paid to masters of the superior court] determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule.\n\n56 Probate Judges; Retired Masters; Compensation. RSA 547:37 is repealed and reenacted to read as follows:\n\n547:37 Retired Judges as Masters; Special Masters.\n\nI. APPOINTMENT IN CONTESTED CASES. A probate judge may appoint as a master in any contested case such former judge of the probate court as has retired therefrom by age limitation when to do so will expedite the business of the court. If a probate judge is unable for any cause to sit in any case, a member of the Bar of New Hampshire who is a disinterested justice of the peace, or a disinterested justice or special justice from a district court, attending upon written request of the sitting judge and approval of the administrative judge of the probate court, may hear as master and make recommendations as to the disposition of the case. Said appointed special master shall keep a record of the case, which shall be kept with and constitute a part of the records of said court, all of which shall be approved by the judge of said court before the order is issued.\n\nII. COMPENSATION. Such master or special master when sitting as master shall be allowed per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule, plus reasonable expenses. If the parties are indigent, the probate court, in its discretion, may assess such charges against the state; provided, however, that all bills submitted by the master for compensation shall first be submitted to the probate judge for approval.\n\n57 New Chapter; Jurisdiction; Partition of Real Estate. Amend RSA by inserting after chapter 547-B the following new chapter:\n\nCHAPTER 547-C\n\nPARTITION OF REAL ESTATE\n\nDisputed Partition\n\n547-C:1 Parties. Any person owning a present undivided legal estate in land, not subject to redemption, or the holder of an equity of redemption shall be entitled to have partition in the manner hereinafter provided. If such estate is in fee, he shall be entitled to partition in fee; if a life estate or a term for years, he shall be entitled to partition thereof to continue so long as his estate endures. A life tenant, remainderman, or a tenant for years of whose term at least 20 years remains unexpired may, in the exercise of the court's equitable powers, have partition of the fee. The existence of a lease of the whole or a part of the land to be divided shall not prevent partition, but such partition shall not disturb possession of a lessee under a lease covering the interests of all the co-tenants.\n\n547-C:2 Petition. A petition may be filed by such person in the probate court in the county in which the estate or any part of the estate lies, particularly describing the estate, the names of all owners or persons interested, if known, and the share of the petitioner in the estate and praying for partition of the estate. Upon petition by the administrator or upon its own motion, the court may cause any real estate to be partitioned or divided in accordance with procedures described in this chapter.\n\n547-C:3 Appeal. In cases where a right to jury trial is guaranteed by the constitution, a person may, at the time judgment by the probate court is declared, appeal therefrom to the superior court. The appeal shall be entered 15 days from the date of the register's issuance of the notice of decision unless for good cause shown the time is extended by the superior court. If a trial by jury is requested, the superior court shall expedite such request and schedule the case for trial in as timely a manner as possible and may cause any real estate to be partitioned or divided in accordance with procedures described in this chapter. In all cases which are so appealed, it shall be the duty of the superior court to transmit to the judge of the probate court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.\n\n547-C:4 Owner Unknown. If the persons interested in any such real estate with the petitioner are unknown, it shall be described in the petition in the same manner as is required in the case of taxing unimproved lands of nonresidents, specifying the share held by each petitioner, and stating that it is held with persons unknown.\n\n547-C:5 Notice. The petitioner shall give notice to all persons interested in the estate, by causing the petition and order of notice thereon to be served on each in the same manner that writs of summons are required to be served.\n\n547-C:6 Publication of Petition. If any petitionee or his residence is unknown, or if petitionee resides out of the state and has not had personal notice, the court shall order publication of the petition and order of notice, and may fix the time of the last publication.\n\n547-C:7 Additional Notice. If any petitioner is absent at the time of the service of the petition, and has not returned, and does not appear at the sitting of the court at which the petition is entered, it may be continued and further notice ordered.\n\n547-C:8 Appointing Agents. If any petitionee is a minor, or otherwise incapacitated to take care of his estate, partition shall not be made until a guardian or agent has been appointed. Such guardian or agent may be appointed by the court.\n\n547-C:9 Owner Unknown. If any petitionee is unknown the court may, in its discretion, appoint an agent to aid and advise in petitionee's behalf in making the partition.\n\n547-C:10 Trial of Issues. Matters alleged in the petition may be denied or avoided by the petitionee by plea, and further proceedings may be had, and an issue of fact or of law made and tried, as upon a writ at common law or a bill in equity, and the court shall have full power to determine the respective interests of all the parties; or the petitionee may file a plea denying that the petitionee holds any part of the premises\n\nwith the petitioner, with a brief statement of matters in defense.\n\n547-C:11 Judgment for Partition; Committee. If the issue is determined in favor of the petitioner, or if after notice the petitionee does not appear, or if no sufficient objection is made, the court shall render judgment that partition be made, and shall appoint a committee, consisting of 3 suitable persons, resident of the county, to make partition of the estate, to set off the shares of the several petitioners according to their respective titles and to award costs as they deem just.\n\n547-C:12 Oath; Notice. The committee shall be sworn. They shall appoint a time and place of hearing, and cause notice thereof in writing, signed by the chairperson, to be served upon each person interested, or each interested person's agent or attorney, or to be left at each interested person's abode at least 7 days before the day of hearing.\n\n547-C:13 Publication of Notice. If any petitionee or petitionee's residence is unknown the committee shall cause the notice to be published.\n\n547-C:14 Setoff; Report. The committee shall make partition of the estate as directed in their commission, by setting off to each petitioner his or her just share thereof, according to his or her right, by proper metes and bounds or other distinct description, and shall return to the court a full report of their doings, with a particular description of each portion of the estate so set off.\n\n547-C:15 Judgment; Record. If no sufficient objection appears, the court shall render judgment upon the report. The partition so made shall be recorded in the registry of deeds for the county where the real estate lies.\n\n547-C:16 Costs. The committee shall award the costs of making the partition, and apportion the same in such manner as they think just, and shall make report thereof to the court.\n\n547-C:17 Against Petitioner. If on the trial of an issue, as provided in RSA 547-C:10, it is determined that the petitioner has no share in the estate, or a less share than the petitioner claims, the petitionee shall recover the taxable costs of such trial.\n\n547-C:18 Failure to Enter, Etc. If the petitioner fails to enter or prosecute his or her petition, costs shall be awarded in favor of all the petitionees upon whom service was made.\n\nUndisputed Partition\n\n547-C:19 Petition. If there is no dispute about the title, a petition for partition may be filed with the judge of probate for the county where the real estate or the greater part thereof lies, who shall appoint a time and place of hearing on the petition.\n\n547-C:20 Notice. Notice of the petition and hearing shall be given to all parties interested, by giving to each in hand, or leaving at their abode, an attested copy of the petition and order of notice, at least 14 days before the day of hearing, or by causing the same to be published.\n\n547-C:21 Procedure. If on the hearing no sufficient objection appears, the judge shall cause partition to be made by a committee, who shall be appointed, be sworn, give notice and proceed, and the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons unknown or out of the state, interested in such estate, receive and accept the report of such committee, and render judgment and award\n\ncosts thereon, in the manner prescribed in this chapter.\n\nUnequal Division and Sale\n\n547-C:22 Division with Consent. Whenever an estate is so situated that it cannot be divided so as to give each owner his or her share of the estate without great prejudice or inconvenience, the whole or a part of the estate may be assigned, if the parties consent, to one of them, the assignee paying to the others who have less than their share such sums as the committee shall award.\n\n547-C:23 Non-assent. If the parties will not consent to the division under RSA 547-C:22 the committee shall report the facts to the court.\n\n547-C:24 Recommitment. If it appears to the court that the estate is divisible it shall recommit the report to the committee with instructions as to the division of the estate.\n\n547-C:25 Sale. When the proceedings are pending, if it is alleged in the petition that the estate is so situated that it cannot be divided so as to give each owner his or her share of the estate without great prejudice or inconvenience and the court so finds, or if, upon the report of the committee that the estate is of the nature aforesaid, the court so finds, the court may order it to be sold and the proceeds from the sale to be divided among the owners according to their respective titles, and may make all other orders that may be necessary to cause such sale and the distribution of the proceeds, as a court of equity may do in like cases.\n\n547-C:26 Distribution Deferred. When it appears that an owner not residing within the territorial limits of the United States of America or any territorial possession thereof would not have the benefit or use or\n\ncontrol of such proceeds due them and that special circumstances make it desirable that delivery of such proceeds to them be deferred, the court may order that such proceeds be paid to the state to be invested by the state treasurer and handled subject to such further order as such court may enter; provided a reasonable fee, as allowed by the court, of the attorney for any such owner shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the state treasurer.\n\n547-C:27 Further Notice. If due notice to the petitionees has not been given, the court may continue the case and order such further notice of the pendency thereof as it may deem just, and when the order has been complied with it shall proceed with such division.\n\n547-C:28 Mortgagees, etc. No partition shall be avoided by any conveyance made by a petitionee after the entry of the petition therefor, nor by any conveyance, unless duly recorded at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, nor by the death of either party; but the share of each petitioner shall be set off in severalty, and be subject to all legal claims thereon, as if the claimant had been a party thereto.\n\n547-C:29 Legal Owner. If in making partition a share is set off to any person other than the legal owner, such share inures to the benefit of the legal owner, his or her heirs or assigns, as if it had been set off to the legal owner.\n\n58 Probate Court; Records. Amend RSA 548:5 to read as follows:\n\n548:5 Records. [He] The register shall appropriately record[,\n\nin suitable books prepared for that purpose, the amount of footing of each class of property, as specified in the inventory;] all wills and their probate; all proceedings with regard to real estate; all accounts settled, and all orders, decisions, and appointments from which an appeal may be claimed. The register may, in addition to or in lieu of other recording, cause the originals of documents filed [with him] to be [photographed and preserved on microfilm] copied and preserved in a manner provided in the retention and destruction schedule described in RSA 548:6.\n\n59 Probate Court Records; Retention and Destruction. RSA 548:6 is repealed and reenacted to read as follows:\n\n548:6 Destruction of Records. The probate court, subject to the approval of the supreme court, shall establish retention and destruction schedules for those original files, papers and records in cases and matters disposed of by the court. The probate court shall be responsible for the implementation of the schedules and for directing that any files having the potential for historical significance shall be preserved or given to any public historical society or corporation organized for the preservation of historical documents. The schedule may provide for original records to be sent to the records center established under RSA 5.\n\n60 Probate Courts; Requirements for Wills. Amend RSA 551:2, III and IV and the unnumbered concluding paragraph to read as follows:\n\nIII. Be signed by the testator, or by some person at his or her express direction in his or her presence; and\n\nIV. Be signed by 2 or more credible witnesses, who shall, at the request of the testator and in the testator's presence, attest to [his] the testator's signature.\n\nNo seal shall be required. These requirements shall apply to all wills executed on or after [January 1, 1984. Wills executed on or before December 31, 1983, shall meet the same requirements, except that the required number of witnesses shall be 3] January 1, 1993.\n\n61 Probate Courts; Proof; Solemn Form; Issues to Court. Amend RSA 552:7 to read as follows:\n\n552:7 Proof, Solemn Form; Issues to Court. Any party interested may have the probate of a will which has been proved without notice re-examined, and the will proved in solemn form before the court of probate at any time within [six] 6 months of such probate. Any issue related to the execution of a will, testamentary capacity, or fraud, duress, or undue influence shall be tried to the court of probate, and any party interested may request the same within 6 months of such probate.\n\n62 Administration on Estate of Person Not Heard From. Amend RSA 553:18 to read as follows:\n\n553:18 Appointment, etc. The judge may appoint an administrator upon the estate of a person who has left his or her home, and has not been heard of or from, directly or indirectly, for one year and whom [he] the judge believes to be dead, upon proof that notice has been published and given, as provided in the following section; but no distribution of [his] the estate shall be made until [five] 3 years after the granting of administration.\n\n63 Special Administrator; Appointment. Amend RSA 553:20 to read as follows:\n\n553:20 Appointment. Whenever, by reason of the [granting of a petition\n\nfor jury] trial of factual issues in a proceeding involving the validity of a will, or by reason of an appeal from the appointment of an administrator on questions of law, or from any other cause, there is delay in determining the final grant of administration upon the estate of a decedent, a special administrator may be appointed, if the interests of the estate require it.\n\n64 New Section; Temporary Administrator; Appointment. Amend RSA 553 by inserting after section 20 the following new section:\n\n553:20-a Temporary Administrator. Upon petition or upon its own motion, the probate court shall have the power to appoint a temporary administrator to determine what assets, if any, are contained within the estate. An inventory of the assets shall be filed with the probate court within 60 days of the temporary administrator's appointment.\n\n65 Special Administrators; Appointment by Probate Court. Amend RSA 553:21 to read as follows:\n\n553:21 How Made. [Such appointment] Appointments under RSA 553:20 and 553:20-a may be made by the [judge or by the superior] court.\n\n66 Special Administrator; Duties. Amend RSA 553:22 to read as follows:\n\n553:22 Duties. The special administrator, under such directions and restrictions as may be inserted in his or her commission, shall return an inventory of the estate of the deceased, shall take care of and preserve [his] the decedent's property and effects, and shall do all other acts which [he] the special administrator may be directed by the judge [or the superior court] to perform. The place of taxation of the property of the deceased shall not be changed in consequence of such appointment.\n\n67 Special Administrator; Bond. Amend RSA 553:23 to read as follows:\n\n553:23 Bond. The special administrator shall give bond for the faithful performance of his duty, with sufficient sureties, to the satisfaction of the [judge or] court appointing him.\n\n68 Special Administrator; Bond; Effect of Appeal. Amend RSA 553:24 to read as follows:\n\n553:24 Effect of Appeal. No appeal from the appointment of a special administrator on questions of law shall suspend [his] the special administrator's duties; but in case his or her bond is alleged by a party interested to be insufficient, the [superior] probate court, upon summary proceedings, shall have power to order a new bond and an absolute or qualified stay of proceedings until the order is complied with.\n\n69 Administrator; Inventory. Amend RSA 554:1 to read as follows:\n\n554:1 Inventory. Every administrator, within [three] 3 months after [his] appointment, shall return to the probate office, under oath, a full, true and itemized account of all the estate of the deceased which has come to his knowledge. The inventory shall contain a description of the real estate; a correct schedule of all goods, chattels, stocks, bonds and other effects of the deceased; of all notes, with their dates and terms of payment, and the date and amount of each endorsement thereon; of all deposits in savings banks, with the name and location of each bank, the number of each book, the date of the last dividend, and the whole amount then due thereon less any withdrawals since that date; and a list and description of his other written evidences of debt. If any person claims a present legal or equitable right of title to real or personal property listed in the estate of the deceased, the administrator may petition the probate court pursuant to RSA 547:11-b to determine the question as between the parties.\n\n70 Probate Court; Embezzlement. Amend RSA 555:4 to read as follows:\n\n555:4 Refusal to Appear, etc. If the person so cited refuses to appear, or to answer interrogatories upon oath respecting the estate, the judge may, by warrant, commit [him] such person to the [common jail] house of corrections, there to remain until [he] such person consents to answer such interrogatories, or until [he is] released by the complainant or by order of the [superior] probate court.\n\n71 Probate Court; Extension of Time. Amend RSA 556:28 to read as follows:\n\n556:28 Extension of Time. Whenever any [one] person has a claim against the estate of a deceased person, which has not been prosecuted within the time limited by law, [he] such person not under the exclusive jurisdiction of the probate court may apply to the superior court, by petition setting forth all the facts; and if the court shall be of the opinion that justice and equity require it, and that the claimant is not chargeable with culpable neglect in not bringing his or her suit within the time limited by law, it may give [him] the claimant judgment for the amount due to him or her; but the judgment shall not affect any payments or compromises made before the beginning of the proceedings.\n\n72 Trustee; Power of Probate Court. Amend RSA 564-A:5 to read as follows:\n\n564-A:5 Power of Court to Permit Deviation or to Approve Transactions Involving Conflict of Interest.\n\nI. This chapter does not affect the power of [a] the probate court [of competent jurisdiction] for cause shown and upon petition of the\n\ntrustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on [his] the trustee's power that would otherwise be placed upon [him] the trustee by the trust or by this chapter.\n\nII. If the duty of the trustee and his or her individual interest or his or her interest as trustee of another trust, conflict in the exercise of a trust power, the power may be exercised only by probate court authorization (except as provided in subparagraphs (a), (d), (f), (r) and (x) of RSA 564-A:3, III) upon petition of the trustee. For purposes of this section, in the case of a corporate trustee personal profit or advantage to an affiliated or subsidiary company or association is personal profit to the trustee.\n\n73 Bail and Recognizances; Appearances at Superior Court. Amend RSA 597:6 to read as follows:\n\n597:6 Appearance at Superior Court. If the offense is bailable by the municipal or district court, the accused shall be ordered to recognize, in accordance with the provisions of RSA 597:2, for [his] the accused's appearance at the superior court, at the next term thereof for the county or judicial district thereof at which a grand jury is required to attend, and to stand committed until the order is complied with.\n\n74 Bail and Recognizances; Copies; Subsequent Bail. Amend RSA 597:9 to read as follows:\n\n597:9 Copies, Subsequent Bail. The justice issuing an order for the discharge of a prisoner shall file, in the office of the clerk of the superior court for the county or judicial district thereof in which the\n\noffense is alleged to have been committed, true and attested copies of the application to [him] the justice to take such recognizance, of the order [by him] made by the justice [thereon] on the application, of the recognizance taken, and a note of the warrant of discharge [by him] issued by the justice.\n\n75 Bail and Recognizances; Copies; Binding Over. Amend RSA 597:11 to read as follows:\n\n597:11 Copies, Binding Over. In the case of an order to recognize for appearance before the superior court, the district or municipal court shall cause true and attested copies of the complaint, other process, records and recognizances, together with any cash bail in the case, to be mailed or delivered to the clerk of the superior court of the county or judicial district thereof within 10 days after the date of such order for recognizance. A true and attested copy of the complaint or other process shall also be mailed or delivered to the county attorney and the state probation office for the county within said 10 days.\n\n76 Bail and Recognizances; Venue. Amend RSA 597:34 to read as follows:\n\n597:34 Venue. Actions upon recognizances may be brought and tried in the county or judicial district thereof in which they were taken, unless the court shall order the venue to be changed.\n\n77 Recognizances for Appearance in Superior Court. Amend RSA 597:40 to read as follows:\n\n597:40 Recognizance for Appearance in Superior Court. If a person is arrested in one county on a warrant for an offense alleged to have been committed in another county exceeding the jurisdiction of a justice to\n\ndetermine, the officer, on [his] the arrestee's request, shall take [him] the arrestee before a justice for the county or judicial district thereof in which [he is arrested] the arrest was made, and, upon [his] the arrestee's waiving examination, such justice may take [his] the arrestee's personal recognizance or recognizance with sufficient sureties upon the terms and conditions prescribed by this chapter for [his] the arrestee's appearance at the next term of the superior court for the county or judicial district thereof in which the offense is alleged to have been committed, and [he] the arrestee shall return to said court certified copies of the warrant and recognizance.\n\n78 Grand Juries; Oath. Amend RSA 600:3 to read as follows:\n\n600:3 Oath. Grand jurors before entering upon their duties shall take the following oath: You, as grand jurors [for the body of this county], do solemnly swear that you will diligently inquire, and a true presentment make, of all such matters and things as shall be given you in charge; the state's counsel, your fellows' and your own you shall keep secret; and shall present no [man] person for envy, hatred or malice; neither shall you leave any unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God.\n\n79 Grand Juries; Application for Multicounty. Amend RSA 600-A:1 to read as follows:\n\n600-A:1 Application for Multicounty Grand Jury. Application for a multicounty grand jury may be made by the attorney general to the supreme court. In such application the attorney general shall state that, in his\n\nor her judgment, the convening of a multicounty grand jury is necessary because of an alleged crime or crimes involving more than one county or judicial district thereof of the state and that, in his or her judgment, the grand jury functions cannot be effectively performed by a county grand jury. The application shall specify for which counties or judicial districts thereof the multicounty grand jury is to be convened.\n\n80 Multicounty Grand Juries. Amend RSA 600-A:2, I to read as follows:\n\nI. An order issued upon an application made pursuant to RSA 600-A:1 shall:\n\n(a) Convene a multicounty grand jury having statewide jurisdiction, or jurisdiction over all counties and judicial districts thereof requested in the application by the attorney general;\n\n(b) Designate a judge of a superior court to be supervising judge over such multicounty grand jury and provide that such judge shall, with respect to all proper activities of said multicounty grand jury, have jurisdiction over all counties or judicial districts thereof in the jurisdiction of said multicounty grand jury;\n\n(c) Designate the counties or judicial districts thereof which shall supply jurors and in what ratios;\n\n(d) Designate a location or locations for the multicounty grand jury proceeding; and\n\n(e) Provide for such other incidental arrangements as may be necessary.\n\n81 Multicounty Grand Juries; Indictment. Amend RSA 600-A:6 to read as follows:\n\n600-A:6 Indictment; Designation of Venue; Consolidation. Any indictment by any multicounty grand jury shall be returned to the supervising judge and shall include a finding as to the county, judicial district thereof, or counties in which the alleged offense was committed. Thereupon, the supervising judge shall, by order, designate the county of venue for the purpose of trial. The supervising judge may, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by a multicounty grand jury and fix venue for trial.\n\n82 Grand Juries; Indictment. Amend RSA 601:1 to read as follows:\n\n601:1 Indictments, Necessity [for]. No person shall be tried for any offense, the punishment of which may be death or imprisonment for more than one year, unless upon an indictment found against [him] such person by the grand jury of the county or judicial district thereof in which the offense is committed or is triable.\n\n83 Venue; Parts of Offense in More Than One County. Amend RSA 602:1 to read as follows:\n\n602:1 Parts of Offense in More Than One County, etc. Offenders shall be prosecuted and tried in the county or judicial district thereof in which the offense was committed. But if any person is feloniously stricken, wounded or poisoned in one county or judicial district thereof and dies thereof in another, or if parts of an offense are committed in more than one county or judicial district thereof, the offense shall be deemed to have been committed, the offender may be prosecuted, and the trial may be had in either county or judicial district thereof.\n\n84 Indigent Defendants; Repayment. Amend RSA 604-A:9, I and I-a to read as follows:\n\nI. Any adult defendant who has had counsel or a public defender assigned to him at the expense of the state shall [at the time of disposition], provided that the defendant's sentence does not include actual incarceration in the state prison, if the defendant is not placed on probation or sentenced to a period of conditional discharge, be ordered by the court under paragraph I-b to repay the state through the unit of cost containment, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay, such ability to be determined by the unit of cost containment. The office of cost containment may collect from the defendant a service charge of up to 10 percent of the total amount of fees and expenses owed by such defendant. If the defendant is placed on probation or sentenced to a period of conditional discharge, the defendant shall be ordered by the court to repay the state, through the department of corrections, all fees and expenses paid on his behalf on such terms as the court may order consistent with the defendant's present or future ability to pay.\n\nI-a. Notwithstanding the provisions of paragraph I, any juvenile charged with being delinquent who has had counsel or a public defender assigned to him at the expense of the state, or any person liable for the support of the juvenile pursuant to RSA 604-A:2-a, shall [at the time of disposition,] be ordered by the court to repay the state through the unit of cost containment, all fees and expenses paid on the defendant's behalf on such terms as the court may order consistent with the defendant's\n\npresent or future ability to pay. The office of cost containment may collect from the defendant or the person liable for his support a service charge of up to 10 percent of the total amount of fees and expenses owed by such defendant.\n\n85 Conditional Discharge. Amend RSA 651:2, VI to read as follows:\n\nVI. A person may be sentenced to a period of conditional discharge if he is not imprisoned and the court is of the opinion that probationary supervision is unnecessary, but that the defendant should conduct himself according to conditions determined by the court. Such conditions may include (a) restrictions on the defendant's travel, association, place of abode, such as will protect the victim of the crime or insure the public peace; (b) an order requiring the defendant to attend counselling or any other mode of treatment the court deems appropriate; [and] (c) restitution to the victim; and (d) performance of not more than 50 hours of uncompensated public service, such service being of a sort that in the opinion of the court will foster respect for those interests violated by the defendant's conduct. However, no person who performs such public service under this paragraph shall receive any benefits that any such employer for whom the service is performed gives to its other employees, including, but not limited to, workers' compensation and unemployment benefits, and no such employer shall be liable for any damages sustained by a person while performing services for the benefit of the employer or any damages caused by that person unless the employer is guilty of gross negligence. The period of a conditional discharge shall be 3 years for a felony and one year for a misdemeanor or violation. However, if the court\n\nhas required as a condition that the defendant make restitution or reparation to the victim of his offense or that the defendant perform community service and that condition has not been satisfied, the court may, at any time prior to the termination of the above periods, extend the period for a felony by no more than 2 years and for a misdemeanor or violation by no more than one year in order to allow the defendant to satisfy the condition. During any period of conditional discharge the court may, upon its own motion or on petition of the defendant, discharge the defendant unconditionally if the conduct of the defendant warrants it. The court is not required to revoke a conditional discharge if the defendant commits an additional offense or violates a condition.\n\n86 Repeal. The following are repealed:\n\nI. RSA 464-B, relative to the uniform principal and income act.\n\nII. RSA 500-A:3, relative to the preparation of the master jury list.\n\nIII. RSA 500-A:20, II, relative to penalties.\n\nIV. RSA 502:15-c, relative to municipal court audits.\n\nV. RSA 538, relative to partition of real estate.\n\nVI. RSA 547:4, relative to probate court jurisdiction over conservators and guardians.\n\nVII. RSA 547:5, relative to probate court jurisdiction over adoption, homestead, etc.\n\nVIII. RSA 547:6, relative to probate court jurisdiction over partition.\n\nIX. RSA 547:7, relative to probate court jurisdiction over change of name.\n\nX. RSA 562, relative to division of real estate among heirs and devisees.\n\nXI. RSA 567-A:10, relative to jury trials in probate cases.\n\nXII. RSA 567-A:11, relative to jury findings.\n\nXIII. RSA 651:2, VI-a, relative to public service as a condition of discharge.\n\n87 Actions Against Tenants; Writ; Services; Discovery; Record; Default. RSA 540:13 is repealed and reenacted to read as follows:\n\n540:13 Writ; Service; Discovery; Record; Default.\n\nI. A writ of summons may be issued, returnable before a district court, setting forth in substance that the plaintiff is entitled to the possession of the demanded premises, and that the defendant is in possession thereof without right, after notice in writing, to quit the same at a day named therein.\n\nII. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that:\n\n(a) If the tenant wishes to contest the eviction, he must file an appearance in the district court no later than the return day appearing on the writ.\n\n(b) The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.\n\n(c) At the time the tenant files his appearance, he may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.\n\n(d) If the tenant wishes to appeal the district court's decision, he must:\n\n(1) File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and\n\n(2) File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and\n\n(3) Pay all rent, as it comes due, between the date of the notice of intent to appeal the district court's decision and the final disposition of the appeal.\n\nIII. The writ of summons and the notice provided in paragraph II shall be served no less than 7 days before the return day set forth in the writ.\n\nIV. Both parties shall have a right to engage in discovery prior to the hearing on the merits within such time frame as may be established for eviction actions by the Rules of the District Court.\n\nV. If the tenant files an appearance, notice of the hearing shall be mailed to the parties no less than 7 days prior to the hearing. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court shall mail a notice of default to the address set forth on the summons at least 3 days prior to the issuance of the writ of possession.\n\nVI. In deciding any contested hearing, the court shall issue a written decision setting forth the basis for its decision.\n\n88 Landlord-Tenant; Discretionary Stay Dependent on Payment of Rent. Amend RSA 540:13-c, I to read as follows:\n\nI. If the defendant defaults, or confesses judgment, or if on trial the court rules that the landlord has sustained his complaint, judgment shall be rendered that the landlord recover possession of the premises and costs. A writ of possession shall be issued, provided that, [except in cases of nonpayment of rent,] the court may order the tenant shall not be dispossessed until a date not later than 3 months from such default, confession of judgment, or ruling of the court, provided the court decides that under all the circumstances justice requires such stay, based on the reasonableness and good faith of the parties in their respective reports, complaints, demands, and evidence. In the event of any such stay of dispossession, the tenant shall pay the landlord weekly in advance the weekly former rent, or the proportional weekly part of the former rent if rent was payable less often than weekly, and on default of any such advance weekly payment a writ of possession shall be issued and the sheriff shall evict the tenant as soon as possible.\n\n89 Freeze on Judicial Appointments. No further appointments shall be made to any district court bench after the effective date of this act until the present list of full-time, part-time and special justices is exhausted, without certification of need by the chief justice of the New Hampshire supreme court.\n\n90 Nullification. Sections 27-30 and 86, II and III of this act, which duplicate 1992, 38:1-5 (HB 1440-FN-LOCAL) shall not take effect.\n\n91 Effective Date.\n\nI. Sections 22, 23, 42-44, 48, 73-77, and 79-83 of this act shall take effect July 1, 1992.\n\nII. Section 10 and paragraph I of section 86 of this act shall take effect upon its passage.\n\nIII. The remainder of this act shall take effect January 1, 1993.\n\nLBAO\n\nLSR 92-2386 *\n\nAmended 2/27/92\n\nFISCAL NOTE for an act implementing the recommendations of the New Hampshire Supreme Court long-range planning task force regarding the Judicial Branch.\n\nMETHODOLOGY:\n\nThe AOC states that any expenses associated with reallocating jurisdiction to both the District and Probate Courts can be absorbed in FY 1993 within the existing budget of the Judicial Branch. The AOC further states that if implemented, the reallocation of jurisdiction should achieve increased judicial productivity after FY 1993. It is expected that elimination of trials de novo will cause an increase in the number of pre-trial matters that are handled by the District Court. Increases in the number of requests for record and that trials will be longer is also anticipated. An increase in the civil jurisdiction will undoubtably cause an increase in the number of cases filed with the District Court, however, it is not possible to estimate. Increased Probate Court jurisdiction has the potential to increase the length of time required for normal probate hearings. In addition to an increase in the number of requests for a record, there will be a substantial increase in both judge and staff time of the registry. This bill provides that current part-time justices may be converted to full-time, however, the number of justices actually doing so will depend on future budgetary constraints. This bill proposes to remove the $30 per hour paid to district court and special justices requested to sit in another court. Instead, these judges will receive the same per diem as special justices sitting in their own courts (currently set by the courts at $200/day).\n\nThe Council states that this bill increases the number of lay person participants on the Judicial Council. Members of the Council are allowed reimbursed actual expense relative to business of the Council but expenses are currently not paid due to budgetary constraints.\n\nThe Department states that based on an estimated 820,000 license or identification card holders, it will bill the courts approximately $20,000 for the master jury list.\n\nepartment states that based on an estimated 820,000 license or identification card holders, it will bill the courts approximately $20,000 for the master jury list.\n\ne relative to business of the Council but expenses are currently not paid due to budgetary constraints.\n\ntaff time of the registry. This bill provides that current part-time justices may be converted to full-time, however, the number of justices actually doing so will depend on future budgetary constraints. 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