Revision: May 18, 2023, 4:21 p.m.
SB 129-FN - VERSION ADOPTED BY BOTH BODIES
2023 SESSION
23-0896
06/04
SENATE BILL 129-FN
AN ACT relative to the payment of costs for indigent persons involved in mediation services.
SPONSORS: Sen. Abbas, Dist 22; Sen. Gannon, Dist 23; Rep. Rhodes, Ches. 17; Rep. Roy, Rock. 31
COMMITTEE: Judiciary
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ANALYSIS
This bill requires indigent mediation costs to be funded out of the mediation fund without reimbursement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0896
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the payment of costs for indigent persons involved in mediation services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Findings and Purpose.
I. The purpose of this bill is to fund indigent mediation costs out of the mediation fund and not seek reimbursement.
II. Amendment of RSA 461-A:18 is necessary since the guardian ad litem fund was repealed in 2011, and the part of RSA 461-A:18 dealing with guardians ad litem is no longer applicable.
2 Mediation of Cases Involving Children. Amend RSA 461-A:7, X to read as follows:
X. In the event both parties are indigent, the mediator shall be paid a set fee for his or her services. The amount of the fee shall be set annually by supreme court rule. [The court may order each party to pay a proportional amount of said fee.] The fee shall be paid from the mediation and arbitration fund established in RSA 490-E:4 [and repaid by the parties in accordance with RSA 461-A:18, including fees for pre-suit marital mediation authorized pursuant to RSA 490-E:2, V]. The supreme court shall determine by rule a percentage amount of the entry fee paid to each clerk of court for each petition in domestic relations cases to be deposited into the mediation and arbitration fund to be used to pay for mediation where both parties are indigent. At no time shall the percentage amount exceed 25 percent of the entry fee for each petition.
3 Parental Rights and Responsibilities; Repayment. Amend RSA 461-A:18, I and II to read as follows:
I. In any case where [a mediator has been appointed pursuant to RSA 461-A:7 or] a guardian ad litem has been appointed pursuant to RSA 461-A:16 and the responsible party's proportional share of the expense was ordered to be paid by the judicial council from the prior special fund established pursuant to RSA 461-A:17 [or is ordered to be paid by the judicial branch from the mediation and arbitration fund pursuant to RSA 490-E:4], the party shall be ordered by the court to repay the state through the unit of cost containment, office of administrative services, the fees and expenses paid on the party's behalf as the court may order consistent with the party's ability to pay, such ability to be determined by the unit of cost containment.
II. The court's order of appointment of a [mediator or a] guardian ad litem under the provisions of paragraph I shall indicate the initial proportional share or shares of fees and expenses and shall contain an order that the party or parties communicate with the unit of cost containment so that it may determine the obligor's ability to reimburse the state and establish the terms and conditions of reimbursement. A copy of each order shall be sent to the unit of cost containment, office of the commissioner of administrative services, at the time it is made.
4 Effective Date. This act shall take effect 60 days after its passage.
23-0896
Revised 2/14/23
SB 129-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the payment of costs for indigent persons involved in mediation services.
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 Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Mediation and Arbitration Fund | |||
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METHODOLOGY:
This bill requires indigent mediation costs to be funded out of the mediation fund without reimbursement.
The Judicial Branch believes any fiscal impact of this bill would be minimal. This bill would strike the requirement that indigent parties repay the Judicial Branch Mediation and Arbitration Fund for the cost of mediation under RSA 461-A. On average the Mediation and Arbitration Fund pays approximately $68,600 for the cost of mediation for indigent parties under RSA 461-A:7. This expenditure will not change under the bill. This bill is not expected to result in a significant fiscal impact to the Fund, but collection is through the Office of Cost Containment, not the Judicial Branch. The Branch does not have any information on collections by the Office of Cost Containment.
The Judicial Council makes the following assumptions about this bill:
The Judicial Council states, based on the assumptions above, the proposed legislation will have no fiscal impact on the Judicial Council.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Judicial Branch and Judicial Council