Bill Text - HB438 (2011)

(New Title) relative to funding of the Claremont, Colebrook, Milford, Keene, and Plaistow District Courts.


Revision: May 6, 2011, midnight

HB 438-FN-A – VERSION ADOPTED BY BOTH BODIES

30Mar2011… 0892h

2011 SESSION

11-0057

09/01

HOUSE BILL 438-FN-A

AN ACT relative to funding of the Claremont, Colebrook, Milford, Keene, and Plaistow District Courts.

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

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the judicial branch to continue to operate the Claremont, Colebrook, Milford, Plaistow, and Keene District Courts in fiscal years 2012 and 2013 within its operating budget.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2011… 0892h

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, Keene, and Plaistow District Courts.

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, the Plaistow 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 Effective Date. 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, Keene, and Plaistow District Courts.

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.