Revision: June 15, 2023, 3:59 p.m.
SB 150-FN - VERSION ADOPTED BY BOTH BODIES
8Jun2023... 1636h
2023 SESSION
23-1036
06/04
SENATE BILL 150-FN
AN ACT relative to the family mediator certification board.
SPONSORS: Sen. Prentiss, Dist 5; Sen. Altschiller, Dist 24; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. Soucy, Dist 18; Sen. Whitley, Dist 15; Rep. Morse, Graf. 9
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill modifies the family mediation certification board.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jun2023... 1636h 23-1036
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the family mediator certification board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Family Mediators; Board RSA 328-C:4 is repealed and reenacted to read as follows:
328-C:4 Board.
I. There shall be a board of family mediator certification consisting of the following members:
(a) One judge who regularly sits in the circuit court family division, appointed by the administrative judge of the circuit court. Their term length shall be at the discretion of the administrative judge.
(b) One member of the public, appointed by the governor with the consent of the council.
(c) One member of the New Hampshire Bar Association, appointed by the governor with the consent of the council.
(d) Three certified family mediators, nominated by the New Hampshire Conflict Resolution Association and appointed by the governor with the consent of the council.
II.(a) Members shall be appointed for 3-year terms and not more than 2 terms shall expire in any calendar year. One mediator term shall expire each year, on December 31. The public member and lawyer terms shall expire on June 30 of different years. Appointments for terms of less than 3 years shall be made in order to comply with these provisions. No member appointed by the governor shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 25 months shall be deemed a full term.
(b) If a member misses 2 consecutive meetings or their unavailability to attend 2 regular meetings in an 8-month period results in their cancellation due to lack of a quorum, the chairperson or vice chairperson shall inquire of the member as to their continued interest and availability.
(c) To allow the board to carry out its functions, at the request of the board, any member appointed by governor and council may be replaced by the governor and council if:
(1) The member is absent from at least 3 meetings of the board in any 8-month period; or
(2) The member’s unavailability to attend 3 regular meetings in any 8-month period results in their cancellation due to lack of a quorum.
(d) Upon expiration of a member's term and absent a resignation, the member shall serve until a successor is qualified and appointed. The successor's term shall be 3 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term.
III.(a) The board shall hold 6 regular meetings each year, one each in January, March, May, June or July or August, September, and November, and special meetings at such times as it may deem necessary. Annually, in January, the board shall establish a time of day and day of the month for the regular meetings.
(b) If a regular meeting cannot occur on the designated day because of a lack of a quorum, weather conditions, or an emergency, it shall be rescheduled within the specified month.
(c) A quorum shall be 3 members.
2 Transition Provisions. There shall be a transition period in which the size of the board is gradually reduced from 11 members to the 6 members described in section 1 of this act. To reduce the current 11 person membership on the board to 6, the terms shall end as follows:
I. If both public seats are filled, when the first of the terms ends, or if either person resigns, that seat shall be eliminated. If one public seat is filled, the vacant public seat shall be eliminated on the effective date of this act. If both public seats are vacant, one shall be eliminated on the effective date of this act.
II. If the mental health member seat is vacant, it shall be eliminated on the effective date of this act.
III. If the mental health seat is filled on the effective date of this act, when that member's term ends or that member resigns, that seat shall be eliminated.
IV. The marital master seat shall be eliminated on the effective date of this act.
V. When a mediator term ends or a mediator member resigns, the seat shall be eliminated until the number of mediator seats is reduced to 3. When new appointments or reappointments of mediators are made, the length of terms shall be adjusted so that one mediator term ends each year.
3 Family Mediators; Duties of the Board. Amend RSA 328-C:4-a, VIII to read as follows:
VIII. Establish procedures, [fees,] standards, and other requirements for qualified interns.
4 Repeal. RSA 328-C:11, relative to the fees of the board for family mediators, is repealed.
5 Effective Date. This act shall take effect upon its passage.
23-1036
1/6/23
SB 150-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the family mediator certification board.
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 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure Fund | |||
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METHODOLOGY:
This bill modifies the family mediation certification board. The Office of Professional Licensure and Certification indicates the bill would repeal and replace RSA 328-C:4, to restructure the Family Mediator Board under the Office of Professional Licensure and Certification and change the composition of the board and the number of members. The bill provides for a gradual transition plan in which the size of the board is reduced from 11 members to 6 members. The fiscal impact of the proposed language may result in savings of per-diem payments for board members, but the savings would be minimal compared to current costs.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification