Revision: March 30, 2011, midnight
HB 438-FN-A – AS INTRODUCED
2011 SESSION
09/01
HOUSE BILL 438-FN-A
AN ACT relative to funding of the Claremont, Colebrook, Milford, and Keene District Courts and establishing a committee to study the utilization of existing facilities to house courts leased by communities through the state.
SPONSORS: Rep. Belvin, Hills 6; Rep. Daniels, Hills 6; Rep. Osgood, Sull 4; Rep. Tholl, Coos 2; Rep. Rappaport, Coos 1; Sen. Bragdon, Dist 11; Sen. Odell, Dist 8
This bill requires the judicial branch to continue to operate the Claremont, Colebrook, Milford, and Keene District Courts in fiscal years 2012 and 2013 within its operating budget. The bill requires the state to reimburse communities utilizing these 4 courts for rent and operating costs paid by the communities during fiscal years 2010 and 2011. The bill also establishes a committee to study the utilization of existing facilities to house these courts and any other courts which are leased by communities through the state.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0057
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to funding of the Claremont, Colebrook, Milford, and Keene District Courts and establishing a committee to study the utilization of existing facilities to house courts leased by communities through the state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Operation and Funding of Certain District Courts. For the fiscal years ending June 30, 2012 and June 30, 2013, the Colebrook District Court, the Keene District Court, the Claremont District Court, and the Milford District Court shall remain open and the judicial branch shall pay the costs of maintaining such courts within its operating budget.
2 Reimbursement of Communities. The state, through the department of administrative services shall reimburse communities utilizing the Colebrook District Court, the Keene District Court, the Claremont District Court, and the Milford District Court for rent and operating costs for these courts paid by the communities during fiscal years 2010 and 2011.
3 Committee Established.
I. There is established a committee to study the utilization of existing facilities to house the Colebrook District Court, the Keene District Court, the Claremont District Court, and the Milford District Court and any other courts which are leased by communities through the state.
II.(a) The members of the committee shall be as follows:
(1) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(2) Two members of the senate, appointed by the president of the senate.
(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall study the utilization of existing facilities to house the Colebrook District Court, the Keene District Court, the Claremont District Court, and the Milford District Court and any other courts which are leased by communities through the state.
IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2011.
4 Effective Date.
I. Section 3 of this act shall take effect upon its passage.
. II. The remainder of this act shall take effect July 1, 2011.
LBAO
11-0057
Revised 02/07/11
HB 438 FISCAL NOTE
AN ACT relative to funding of the Claremont, Colebrook, Milford, and Keene District Courts and establishing a committee to study the utilization of existing facilities to house courts leased by communities through the state.
FISCAL IMPACT:
The Department of Administrative Services and New Hampshire Municipal Association state this bill will increase state general fund expenditures and local revenue by $159,430 in FY 2012. There is no fiscal impact on county and local expenditures or state and county revenue.
METHODOLOGY:
The Department of Administrative Services states this bill requires the Claremont, Colebrook, Keene and Milford district courts remain open in FY 2012 and FY 2013, and communities be reimbursed for the lease costs they paid in FY 2010 and FY 2011. The Department assumes any reimbursement to the communities would occur in FY 2012. The Department states this bill will increase general fund expenditures and local revenue by $159,430 in FY 2012. The Department states the cities of Claremont and Keene and the town of Colebrook formally agreed to waive the State’s obligation for lease payments in FY 2011 totaling $117,790. The town of Milford paid the State $41,640 for rent and operating expenses of the Milford district court for the period June 2010 through December 2010. The State will make the lease payments for the Milford district court for the period of January 2011 through June 2011. The Department states the lease payments for the four district courts included in the budget submission for FY 2012-2013 is $194,292 and $197,957, respectively.
The New Hampshire Municipal Association states the rent and operating costs to be reimbursed back to the communities for the Milford, Colebrook, Claremont and Keene district courts at $159,430 in FY 2012.
The Judicial Branch states the additional cost of operating these four courts to the Branch would be the cost related to providing perimeter security. The courts are open 248 days per year for a total of 992 court security per diem days a year. Court security officers are paid $85 a day plus 7.65% in payroll taxes for a total amount of $91.50 per day. This results in a yearly cost of $90,768 (91.50 * 992 days) to provide perimeter security for the four courts. The Branch states these costs are included in the FY 12-13 budget request.