Revision: Jan. 25, 2011, midnight
SB 34-FN – AS INTRODUCED
2011 SESSION
05/09
SENATE BILL 34-FN
AN ACT relative to orders of notice in cases involving guardianship of minors.
SPONSORS: Sen. Houde, Dist 5; Rep. Sorg, Graf 3
This bill clarifies the court’s responsibility for sending orders of notice in guardianship cases and provides for charging the mailing cost to the petitioner.
This bill is a request of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0928
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to orders of notice in cases involving guardianship of minors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Guardianship of Minors; Notice. Amend RSA 463:6 by inserting after paragraph IV the following new paragraph:
V. The cost of orders of notice sent by certified mail, return receipt requested, shall be paid by the petitioner.
2 Guardianship; Ex Parte and Temporary Orders. Amend RSA 463:7, I(a)(2) to read as follows:
(2) Notwithstanding subparagraph (1), any ex parte order entered expires 30 days after the date of the order; however, any ex parte order may be extended pending notice on persons required to receive notice under RSA 463:6, I if the party or parties seeking guardianship or appointed guardian ex parte provide proof satisfactory to the court that they have undertaken a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under RSA 463:6, I. In the event of such an extension, the court may enter such limitations on the extension as it deems reasonable and appropriate. Any further extension shall be only upon like request and proof. In the case of any extension, the court shall enter an express finding that the petitioner or petitioners for guardianship, or the person or persons appointed ex parte, have made a due and diligent effort to [effect required service] provide the court with the names and addresses of those persons required to receive notice under RSA 463:6, I and that the minor is still at risk.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0928
01/24/11
SB 34-FN - FISCAL NOTE
AN ACT relative to orders of notice in cases involving guardianship of minors.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state general fund revenues by $14,729 in FY 2012 and in each fiscal year thereafter. There will be no fiscal impact on state expenditures or county and local revenues or expenditures.
METHODOLOGY:
The Judicial Branch states this bill clarifies the courts’ responsibility to send orders of notice in cases involving guardianship of minors and adds that the corresponding postage costs be incurred by the petitioner, not the Branch, as under current practice. The Branch states jurisdiction over guardianship of minors is in the family division but falls to probate court in areas where there is not yet a family division established. The Branch states in calendar year 2010 there was a total of 1,339 guardianship of minors cases filed statewide (1,038 in family division and 301 in probate court). The Branch states the average postage cost per case is $11.00. The Branch states under this bill, these costs would be recovered from the petitioner and will result in a $14,729 (1,339 X $11.00) increase to state general fund revenues in FY 2012 and in each fiscal year thereafter.