HB 263-FN-LOCAL – AS INTRODUCED
2009 SESSION
09/05
HOUSE BILL 263-FN-LOCAL
AN ACT eliminating the charge against the state for sheriffs’ service of process for indigent plaintiffs.
This bill eliminates the charge against the state for sheriffs’ service of process for indigent plaintiffs.
This bill was requested by the supreme court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0673
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT eliminating the charge against the state for sheriffs’ service of process for indigent plaintiffs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Waiver of Court Costs and Fees. Amend RSA 499:18-b to read as follows:
499:18-b Waiver of Court Costs and Fees. Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which are payable to any court[, clerk of court, or sheriff]. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. [Fees for the service of process by sheriffs shall be a charge against the state.]
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0673
01/02/09
HB 263-FN-LOCAL - FISCAL NOTE
AN ACT eliminating the charge against the state for sheriffs’ service of process for indigent plaintiffs.
FISCAL IMPACT:
The Judicial Branch states this bill will decrease state general fund expenditures by $18,918 in FY 2010 and each fiscal year thereafter. The NH Association of Counties states this bill will decrease county revenue by an indeterminable amount in FY 2010 and each fiscal year thereafter. There will be no fiscal impact on state and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 499:18-b to remove the fees for service of process by sheriffs on behalf of indigent plaintiffs as a charge against the state. The Branch assumes this bill will be effective at the beginning of FY 2010. The Branch states these charges are paid from the Judicial Branch budget and have amounted to the following for the last five fiscal years:
Fiscal Year Amount
2004 $20,436.47
2005 $21,680.69
2006 $17,866.53
2007 $18,196.75
2008 $16,407.14
The Branch states the general trend in amount has been downward, albeit with some fluctuation between years. The Branch assumes that with the recent economic downturn, the future trend will be upward; therefore, the Branch uses the five year average of $18,918 as the estimated annual reduction in state general fund expenditures under this bill in future fiscal years.
The NH Association of Counties states this bill would eliminate the ability of the sheriffs’ departments to recover from the state service of process fees waived by the court for indigent plaintiffs. The Association states sheriffs indicate the number of such fee waivers has been increasing. If the counties are performing mandatory work on behalf of the Judicial Branch without reimbursement, county revenue will decrease. For example, in Merrimack County there was over $6,000 in recovered fees in 2008.