SB 92-FN - AS AMENDED BY THE SENATE
02/09/2023 0398s
2023 SESSION
23-1017
04/05
SENATE BILL 92-FN
AN ACT relative to the authority of registers of probate.
SPONSORS: Sen. Gray, Dist 6
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill establishes specific authority and duties of the registers of probate.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0398s 23-1017
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the authority of registers of probate.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Information About Probate Court Filings; Registers of Probate; Authority. Amend RSA 548 by inserting after section 1 the following new section:
548:1-a Information About Probate Court Filings.
I. Registers of probate may provide information to parties regarding probate process governed under state statute using information provided by the probate division regarding an overview of probate process and court information.
II. In order to qualify to be elected as register of probate, or to qualify to fill a vacancy, the candidate shall be an active volunteer with the court probate navigator program, and must continue to participate as an active volunteer with the court probate navigator program throughout the term as a register of probate. This paragraph shall not apply if the judicial branch does not have a probate navigator program at the time of the election or appointment, or if the probate navigator program is discontinued during the register of probate’s term of office.
III. Registers of probate may provide assistance with process issues such as assistance in logging into and navigating the court electronic filing process and provide other assistance consistent with their training. Nothing in this section shall be construed to authorize registers of probate to give legal advice or otherwise engage in the unauthorized practice of law. Nothing in this section shall be construed to give registers of probate the status of judicial branch employees.
IV. Registers of probate shall not charge a fee or receive any compensation for services provided under this section other than what is authorized under RSA 548:17.
V. In the event that a register of probate stops participating in the court navigator program, the county commissioners shall have the ability to fill the position with a candidate who is qualified under paragraph II of this section. Failure to continue to participate in the program throughout the term shall disqualify the person to be a candidate for register of probate in the next election. This paragraph shall not apply if the judicial branch does not have a probate navigator program at the time of the election or appointment, or if the probate navigator program is discontinued during the register of probate’s term of office.
2 Effective Date. This act shall take effect January 1, 2025.
23-1017
Amended 3/6/23
SB 92-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2023-0398s)
AN ACT relative to the authority of registers of probate.
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 | $0 | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill establishes specific authority and duties of the registers of probate. The Judicial Branch makes the following assumptions regarding the fiscal impact of the bill:
The Judicial Branch indicates the fiscal impact on the Branch is indeterminable but is not expected to be significant. The Branch would prepare materials for Registers of Probate to distribute to parties. The costs of training and monitoring Registers of Probate who would also be volunteers in the Court’s navigator program would be funded within the budget of the Court’s probate navigator program. While there may be some additional time and expense associated with the preparation of materials, the Judicial Branch anticipates the majority of those costs would be incurred in the first year of implementation (FY 2025) and would not be significant.
AGENCIES CONTACTED:
Judicial Branch
| Date | Amendment |
|---|---|
| Feb. 7, 2023 | 2023-0398s |
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2023 | Senate | Hearing |
| Feb. 9, 2023 | Senate | Floor Vote |
| April 12, 2023 | House | Hearing |
| May 3, 2023 | House | Exec Session |
| May 3, 2023 | House | Floor Vote |
May 18, 2023: Inexpedient to Legislate: MA VV 05/18/2023 HJ 14 P. 7
May 10, 2023: Committee Report: Inexpedient to Legislate 05/03/2023 (Vote 20-0; CC)
May 10, 2023: Executive Session: 05/03/2023 09:00 am LOB 206-208
March 29, 2023: Public Hearing: 04/12/2023 11:30 am LOB 206-208
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Judiciary
Feb. 9, 2023: Ought to Pass with Amendment 2023-0398s, MA, VV; OT3rdg; 02/09/2023; SJ 6
Feb. 9, 2023: Committee Amendment # 2023-0398s, AA, VV; 02/09/2023; SJ 6
Feb. 7, 2023: Committee Report: Ought to Pass with Amendment # 2023-0398s, 02/09/2023; Vote 5-0; CC; SC 9A
Jan. 19, 2023: Hearing: 01/24/2023, Room 103, LOB, 09:00 am; SC 7
Jan. 18, 2023: Introduced 01/05/2023 and Referred to Election Law and Municipal Affairs; SJ 4