HB221: prohibiting the courts from charging fees.

HB 221-FN - AS INTRODUCED

2003 SESSION

03-0694

09/01

HOUSE BILL 221-FN

AN ACT prohibiting the courts from charging fees.

SPONSORS: Rep. Marple, Merr 37; Rep. L. Christiansen, Hills 66; Rep. McElroy, Hills 61

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits state courts from charging fees for services, filings, and copies.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0694

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT prohibiting the courts from charging fees.

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

1 Court Fees Prohibited. RSA 490:26-a is repealed and reenacted to read as follows:

490:26-a Court Fees Prohibited. No court shall charge a fee for any service, filing, or copy. This prohibition codifies the same prohibition now enumerated in part 1, article 14 of the bill of rights of the New Hampshire constitution.

2 Reference Deleted. Amend RSA 611:3 to read as follows:

III. All state departments and institutions, except the university system of New Hampshire[,] and the building projects revolving fund of the state board of education, [and the supreme court for the purposes of the escrow account for court facility improvements under RSA 490:26-c,] receiving money for the state shall deposit the full amount of all such moneys into a state treasurer's bank account or into a state department's bank account from which the treasurer shall collect funds by automated means, unless the treasurer determines that such means cannot be implemented or concurs with department procedures for deposits and collection.

3 Reference Deleted. Amend RSA 548:5-a to read as follows:

I. A fiduciary appointed by the probate court shall file, as required by law, an inventory within 90 days after the date of appointment, or an account of administration within one year after the date of appointment. If a fiduciary fails to file an inventory within 30 days after the required filing date, or an account of administration within 90 days after the required filing date, the fiduciary is in default. The register of probate shall give notice of the default to the fiduciary by first class mail within 10 days after the default. In the case of any inventory, account, annual report, statement of voluntary administration, or waiver of administration affidavit, the fiduciary shall either file the inventory, account, annual report, statement of voluntary administration, or waiver of administration affidavit, or show good cause for the failure to file, within 30 days after notice of the default from the register. If the fiduciary fails to file or to show good cause, the judge of probate shall issue a citation to the fiduciary to appear before the judge pursuant to RSA 550:2. [The fiduciary shall pay default and citation fees as established by the supreme court under RSA 490:26-a to the register of probate, pursuant to RSA 490:27.] The requirements of this section shall apply to fiduciaries previously appointed as the judges of probate may prescribe by rules adopted pursuant to RSA 547:33.

4 Repeal. The following are repealed:

I. RSA 6:12, I(nnnn), relative to moneys to be deposited in the court facilities escrow fund.

II. RSA 6:12, I(lllllllll), relative to moneys to be deposited in the probate court mediation fund.

III. RSA 490:26-a, relative to court fees established by supreme court rules.

IV. RSA 490:26-c, relative to the escrow fund for court facility improvements.

V. RSA 490:27, relative to probate court fees.

VI. RSA 499:18, relative to superior court fees.

VII. RSA 502-A:28, relative to district court fees.

VIII. RSA 524-A:5, relative to fees for filing a foreign judgment.

IX. RSA 548:23-a, relative to probate court entry fees.

X. RSA 550:10, IV, relative to fees charged to fiduciaries by the probate court for notices pertaining to estates.

. XI. RSA 623-B:2, relative to filing fees and court costs in civil actions by inmates.

5 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0694

1/7/03

HB 221-FN - FISCAL NOTE

AN ACT prohibiting the courts from charging fees.

FISCAL IMPACT:

The Judicial Branch states this bill will decrease state revenue by $2,842,742 in FY 2004 and by $5,685,484 in FY 2005 and each year thereafter. There will be no fiscal impact on state, county, and local expenditures or county and local revenue.

METHODOLOGY:

The Branch states this bill would prohibit the Courts from charging fees. The schedule below details the fees collected and the amounts collected for FY 2002. The Branch assumes the level of revenue will remain stable in the years after FY 2002. The Branch calculated the loss in revenue for FY 2004 to be ½ of the total amount collected as a result of the January 1, 2004 effective date.

Revenue Source

Entry Fees $3,399,795

Guardian Ad Litem Reimbursement 3,859

Witness Fees 10,209

Administrative Fees - Mandatory 417,568

Other Fees 885,646

Total General Fund Revenue $4,717,077

Guardian Ad Litem 236,534

Administrative Fees - Discretionary 104,572

Probate Publications 65,634

Transcripts 220,883

Facility Escrow 234,468

Court Monitor Transcripts 46,820

Forms, Publications, Education Materials 2,104

Probate Mediation Fund 54,000

Law Library Fund 3,392

Total Restricted Revenue $ 968,407

Total Decrease In Revenue $5,685,484