Revision: Jan. 21, 2010, midnight
SB 146-FN-A-LOCAL – AS INTRODUCED
2005 SESSION
09/01
SENATE BILL 146-FN-A-LOCAL
AN ACT establishing a civil legal services fund consisting of court filing fee surcharges for the purpose of establishing and operating a New Hampshire Legal Assistance office in Nashua and to provide for additional staff in other New Hampshire Legal Assistance offices.
SPONSORS: Sen. Foster, Dist 13; Sen. Gottesman, Dist 12; Sen. Gallus, Dist 1; Sen. Odell, Dist 8; Rep. Stone, Rock 1; Rep. R. Wheeler, Hills 7
COMMITTEE: Executive Departments and Administration
This bill establishes a civil legal services fund consisting of court filing fee surcharges for a 2-year period for the purpose of establishing and operating a New Hampshire Legal Assistance office in Nashua and to provide for additional staff in other New Hampshire Legal Assistance offices.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0601
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing a civil legal services fund consisting of court filing fee surcharges for the purpose of establishing and operating a New Hampshire Legal Assistance office in Nashua and to provide for additional staff in other New Hampshire Legal Assistance offices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Civil Legal Services Fund; New Hampshire Legal Assistance. Amend RSA 525-A by inserting after section 1 the following new section:
525-A:2 Filing Fee Surcharge; New Hampshire Legal Assistance. There is established in the office of the state treasurer a separate fund to be known as the civil legal services fund. The sum of $20 shall be added to each entry fee collected in the supreme, superior, district, family, and probate courts, but not in small claims cases filed pursuant to RSA 503 or in landlord-tenant cases filed pursuant to RSA 540, and these sums shall be deposited in the fund. The amounts collected in this fund shall be distributed to New Hampshire Legal Assistance to be used to establish and operate an office in the city of Nashua to provide civil legal services to low-income persons in the city of Nashua and the surrounding area, and to provide additional attorneys, paralegals, or both, to the staff of the New Hampshire Legal Assistance offices in Manchester, Claremont, Portsmouth, and Littleton. These civil legal services shall include services related to such issues as housing, social security and other government benefits, health care, domestic violence, and consumer issues. New Hampshire Legal Assistance shall report semi-annually to the judicial council as to its use of these funds in accordance with RSA 525-A:1.
2 Pilot Project for Serving the “Working Poor.” The general court finds that many moderate-income and working class New Hampshire residents are unable to afford to hire a private attorney to assist them with urgent civil legal problems, and that further efforts should be made to provide legal services to this population. Accordingly, for the biennium ending June 30, 2007, New Hampshire Legal Assistance shall conduct a pilot project to serve this group and may use funds provided pursuant to RSA 525-A:2 for this purpose. This pilot project shall include the use of sliding fee scales and shall be limited to clients whose incomes are below 250 percent of the federal poverty guidelines. On or before November 1, 2006, New Hampshire Legal Assistance shall file a report describing this pilot project, the results achieved, and recommendation for future legislative action, if any. This report shall be filed with the governor, the president of the senate, the speaker of the house of representatives, the chairpersons of the house and senate judiciary committees, the attorney general, and the judicial council.
3 Effective Date. This act shall take effect July 1, 2005.
LBAO
05-0601
Revised 1/31/05
SB 146 FISCAL NOTE
AN ACT establishing a civil legal services fund consisting of court filing fee surcharges for the purpose of establishing and operating a New Hampshire Legal Assistance office in Nashua and to provide for additional staff in other New Hampshire Legal Assistance offices.
FISCAL IMPACT:
The Judicial Branch indicates state restricted revenue and expenditures will increase by $679,560 in FY 2006 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Judicial Branch states this bill would institute a $20 surcharge on all filing fees in the supreme, superior, district, family and probate courts, except for small claims filed pursuant to RSA 503 or in landlord-tenant cases filed pursuant to RSA 540. The money collected is to go to a separate fund, to be known as the civil legal services fund. It is to be used by New Hampshire Legal Assistance (NHLA) to establish and operate an office in the City of Nashua to provide civil legal services to low-income persons in the City of Nashua and the surrounding area, and to provide additional attorneys, paralegals, or both, to staff of the NHLA Office in Manchester, Claremont, Portsmouth and Littleton. These civil legal services shall include services related to such issues as housing, social security and other government benefits, health care, domestic violence, and consumer issues.