SB198 (2017) Detail

Relative to electronic publication by the probate division.


SB 198-FN - AS INTRODUCED

 

 

2017 SESSION

17-0918

09/06

 

SENATE BILL 198-FN

 

AN ACT relative to electronic publication by the probate division.

 

SPONSORS: Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. French, Dist 7; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Birdsell, Dist 19; Sen. Innis, Dist 24; Rep. Vose, Rock. 9

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires the clerk of the applicable circuit court to publish probate court notices on the judicial branch website or by other electronic media.  The clerk may also cause such notice to be published in a newspaper in the town or city in which the person whose estate is involved last resided.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0918

09/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to electronic publication by the probate division.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Publication of Notice in Newspaper or Electronic Media.  RSA 550:10 is repealed and reenacted to read as follows:

550:10  Publication of Notice in Newspaper or Electronic Media.

I.  Notwithstanding any other provision of law, whenever notice is required to be published by the probate court, the clerk of the applicable circuit court established in RSA 490-F shall cause such notice to be made available to the public on the New Hampshire judicial branch website or by other electronic media for no less than 2 weeks beginning no later than 2 weeks before the day or thing of which notice is given, unless otherwise ordered by the judge.

II.  The clerk may cause such notice to be published in a newspaper which circulates in the town or city in which the person whose estate is involved last resided, or in the county whose court has jurisdiction, or otherwise as ordered by the judge.  If published in a newspaper, the first such publication shall be at least 2 weeks before the day or thing of which notice is given, and the second publication shall be at least 7 days before the day or thing of which notice is given, unless otherwise ordered by the judge.

III.  Notice shall be published in English, and may be published in a language other than English, if ordered by the judge.

IV.  The clerk may publish in one notice the necessary information pertaining to more than one estate, provided, however, that each separate subject matter such as the appointment of a fiduciary, a hearing on an account, a hearing on a license to sell real estate, or any other designated subject matter shall have a specific designation within each such notice.

V.  Prior to such publication, the fiduciary of the estate concerned shall advance and pay to the clerk the cost of such publication as determined by the clerk, and a fee to the clerk as established by the supreme court under RSA 490:27.  The fiduciary shall be allowed said sums so paid to the clerk in the account.

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0918

1/27/17

 

SB 198-FN- FISCAL NOTE

as introduced

 

AN ACT relative to electronic publication by the probate division.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill requires the electronic publication of notices required to be published by the probate division of the circuit court.  The Judicial Branch estimates this bill will save an average of one hour per week per court in dealing with publication issues.  The following table estimates the annual potential cost savings resulting from this bill:

 

 

 

FY 2018

FY 2019

FY 2020

FY 2021

 

Number of Circuit Courts

10

 

Hours Saved Per Year

(52 weeks in a year)

26*

52

52

52

 

Hourly Clerical Cost

$28.94

$29.56

$30.20

$30.88

 

Estimated Annual Savings

$7,524

$15,371

$15,704

$16,058

 

Note: * The effective date of the bill is January 1, 2018, which is halfway through FY 2018.  

 

AGENCIES CONTACTED:

Judicial Branch

 

Links

SB198 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 Senate Hearing
March 16, 2017 Senate Floor Vote

Bill Text Revisions

SB198 Revision: 1274 Date: Jan. 31, 2017, 9:40 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Judiciary; SJ 5
Feb. 7, 2017 Hearing: 02/07/2017, Room 100, SH, 09:20 am; SC 9
March 16, 2017 Committee Report: Inexpedient to Legislate, 03/16/2017; Vote 5-0; CC; SC 14
March 16, 2017 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 03/16/2017; SJ 9