HB 411-FN - AS INTRODUCED
2023 SESSION
23-0656
06/04
HOUSE BILL 411-FN
AN ACT relative to mediation of cases involving children.
SPONSORS: Rep. Testerman, Merr. 3
COMMITTEE: Children and Family Law
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ANALYSIS
This bill repeals and reenacts RSA 461-A:7 mediation of cases involving children to allow courts to recommend mediation and give mediation referrals to parents, but that the court is not permitted to order mediation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0656
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to mediation of cases involving children.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Mediation of Cases Involving Children. RSA 461-A:7 is repealed and reenacted to read as follows:
461-A:7 Mediation of Cases Involving Children. The court may recommend mediation and give parents referrals of certified mediators, but the court shall not order mediation.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0656
12/29/22
HB 411-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to mediation of cases involving children.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - New Hampshire Judicial Branch Mediation & Arbitration Fund | |||
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METHODOLOGY:
This bill repeals and reenacts RSA 461-A:7 mediation of cases involving children to allow courts to recommend mediation and give mediation referrals to parents, but that the court is not permitted to order mediation.
The Judicial Branch state this bill will increase State revenues and expenditures by an indeterminable amount. The Judicial Branch states, on average, the Mediation & Arbitration Fund pays approximately $68,600 annually in mediation fees for indigent parties. The Judicial Branch assumes by removing the courts ability to order mediation there will be fewer mediations where the parties are indigent and the mediator's fee is paid by the Judicial Branch, thus increase funds to the New Hampshire Judicial Branch Mediation and Arbitration Fund. The Branch also assumes because there will likely be fewer mediations, fewer cases will be settled by parties and more cases will result in contested hearings or trials increasing the Judicial Branch's resources expended, hence increasing General fund expenditures.
It is assumed any fiscal impact would not occur until FY 2024.
AGENCIES CONTACTED:
Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2023 | House | Hearing |
| Jan. 31, 2023 | House | Floor Vote |
Feb. 14, 2023: Inexpedient to Legislate: MA VV 02/14/2023 HJ 5
Feb. 9, 2023: Committee Report: Inexpedient to Legislate HB411-FN 01/31/2023 (Vote 13-0; CC) HC 11 P. 3
Jan. 25, 2023: Public Hearing: 01/31/2023 01:15 pm LOB 206-208
Jan. 10, 2023: Introduced (in recess of) 01/05/2023 and referred to Children and Family Law HJ 3 P. 14