Revision: May 7, 2009, midnight
SB 106-FN – AS AMENDED BY THE HOUSE
06May2009… 1419h
2009 SESSION
09/05
SENATE BILL 106-FN
AN ACT establishing a program for mediation of civil writs in the district court and funding the program with a fee to be paid by parties to civil suits who participate in mediation sponsored by the district courts.
SPONSORS: Sen. Reynolds, Dist 2; Rep. Cote, Hills 23
This bill establishes a program for mediation of civil writs in the district court and funds the program with a fee to be paid by parties to civil suits who participate in medication sponsored by the district courts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06May2009… 1419h
09-0936
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a program for mediation of civil writs in the district court and funding the program with a fee to be paid by parties to civil suits who participate in mediation sponsored by the district courts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Mediation and Arbitration Fund. Amend RSA 490-E:4, I(a) to read as follows:
(a) All moneys collected pursuant to RSA 490:27, II, RSA 490-D:12, III, [and] RSA 503:4, II, and RSA 502-A:28, III.
2 New Paragraph: District Court Entry Fees. Amend RSA 502-A:28 by inserting after paragraph II the following new paragraph:
III. The supreme court may from time to time establish a fee to be paid by parties to civil suits who participate in mediation sponsored by the district courts. This fee shall reflect the average cost of each mediation session. These fees shall be deposited in the mediation and arbitration fund established under RSA 490-E:4. Costs of the civil writ mediation program in the district courts shall be paid from this fund, however:
(a) Participation in the mediation session shall not be mandated by the court;
(b) Mediation reports and proceedings shall not be released to any judge or other officers of the court who may later decide or rule on the case without the written consent of all parties participating in the mediation; and
(c) Statements made during mediation sessions by the parties or their counsel shall not be considered competent or admissible evidence for any purpose during any subsequent proceedings in that case or any other civil or administrative proceeding.
3 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0936
Revised 02/09/09
SB 106 FISCAL NOTE
AN ACT establishing a program for mediation of civil writs in the district court and funding the program with a surcharge on the filing fee for civil writs.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state restricted revenues and expenditures and decrease state general fund expenditures by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Judicial Branch states this bill establishes a program for mediation of civil writs in the district court and funding for the program with a surcharge on the filing fee for civil writs. The Branch states the proposed bill would create a $10 surcharge on entry fees in the district court for civil writs, with the proceeds going into the mediation and arbitration fund. The Branch states there were 5,314 civil writs filed in the district courts in 2007. The Branch states if the annual filing level remains the same and assuming the fee will be waived in some cases, state restricted revenues will increase approximately $25,000 in FY 2010 (5,000 cases in which filing fee is not waived x $10 = $50,000/2 for January 1, 2010 effective date) and $50,000 in FY 2011 and each year thereafter. The Branch states 285 cases can be mediated, as this program will apply on a voluntary basis and mediators will be paid $175 per case ($50,000/$175 = 285 cases). If there is a high demand for mediation in civil writ cases, other funds in the mediation and arbitration fund could be used to pay for additional civil writ mediations.
The Branch states for each mediated case the district courts will save $25.91 in judicial time (16 minutes at $1.6195 per minute) but will not affect clerical time. While not all of the 285 civil writs assumed to be mediated would necessarily require judicial time if processed in the district court, if each case saved the average 16 minutes of judicial time, state expenditures would decrease by $3,692 in FY 2010 and $7,384 in FY 2011 and each year thereafter.