HB 609-FN-A - AS INTRODUCED
2009 SESSION
09/01
HOUSE BILL 609-FN-A
AN ACT establishing a judicial branch information technology fund.
SPONSORS: Rep. Cote, Hills 23; Sen. Reynolds, Dist 2
This bill establishes a judicial branch information technology fund to be funded by a percentage of court entry fees and by an increase in the penalty assessment on court fines.
This bill was requested by the supreme court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0669
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a judicial branch information technology fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Supreme Court; Judicial Branch Information Technology Fund. Amend RSA 490 by inserting after section 26-g the following new section:
490:26-h Judicial Branch Information Technology Fund.
I. Fourteen percent of each entry fee collected in the judicial branch family division and in the supreme, district, superior, and probate courts and 16.67 percent of the penalty assessment collected pursuant to RSA 188-F:31 shall be deposited in the judicial branch information technology fund. Moneys in the fund shall be nonlapsing and continually appropriated to the supreme court for maintenance and infrastructure renewal of judicial branch information technology, including both hardware and software, as recommended by the director of the administrative office of the courts and approved by the supreme court.
II. The state treasurer shall establish procedures for deposits to and expenditures from the judicial branch information technology fund. The fund shall be a dedicated fund for the improvement of judicial branch information technology.
III. The funds on deposit in the judicial branch information technology fund shall be invested by the state treasurer in obligations of the United States government, in government agency obligations, in obligations which are legal investments for savings banks and trust companies, and in all types of savings accounts or certificates of deposit of both state or federally chartered institutions.
2 Penalty Assessment. Amend RSA 188-F:31, I to read as follows:
I. Every court shall levy a penalty assessment of $2 or [20] 24 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.
3 Penalty Assessment. Amend RSA 188-F:31, IV to read as follows:
IV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit [65] 54.17 percent of the amount collected in the police standards and training council training fund, [20] 16.67 percent of the amount collected in the victims’ assistance fund, 16.67 percent of the amount collected in the judicial branch information technology fund, and the remainder in the general fund.
4 Supreme Court; Entry Fees. Amend RSA 490:24, I to read as follows:
I. For the benefit of the state, there shall be paid to the clerk for the entry of every reserved case, bill of exceptions, petition, appeal, or other action, for the filing of every motion or other document supplementary to the entered case, and for any service rendered by the clerk, such fees as shall from time to time be established by the court. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.
5 Judicial Branch Family Division; Entry Fees. Amend RSA 490-D:12, II to read as follows:
II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the judicial branch family division for the benefit of the state. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
6 Superior Court; Entry Fees. Amend RSA 499:18, II to read as follows:
II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
7 District Court Entry Fees. Amend RSA 502-A:28, II to read as follows:
II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
8 Probate Court Entry Fees. Amend RSA 548:23-a, II to read as follows:
II. The register shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 14 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h.
9 New Subparagraph; Application of Receipts; Judicial Branch Information Technology Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:
(277) Moneys deposited in the judicial branch information technology fund established under RSA 490:26-h.
10 Effective Date. This act shall take effect July 1, 2009.
LBAO
09-0669
01/22/09
HB 609-FN-A - FISCAL NOTE
AN ACT establishing a judicial branch information technology fund.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state restricted revenue by $1,892,558 and state general fund revenue by $39,442 in FY 2010 and each year thereafter. This bill will have no fiscal impact on county and local revenues or state, county, and local expenditures.
METHODOLOGY:
This bill establishes a judicial branch information technology fund to be funded by a percentage of court entry fees and by an increase in the penalty assessment on court fines. The Judicial Branch states the proposed legislation would increase state revenue by raising penalty assessment fees from 20% to 24%. The Branches estimate is based on each percent of penalty assessment fees generating $233,000 annually. Accordingly, the 4% increase prescribed in the proposed legislation would generate an additional $932,000 ($233,000 x 4) in restricted revenue in FY 2010 and each year thereafter.
The proposed legislation also designates a percentage of court entry fees to the newly established fund. The Branch states that if the proposed legislation passes, the Supreme Court will increase entry fees by 20% on the day the proposed legislation takes effect. Currently, the Branch collects $5,000,000 annually in court entry fees, a 20% increase would increase total entry fee revenue by $1,000,000 to $6,000,000 annually. The allocation of the additional revenues is detailed as follows:
LBAO
09-0669
01/22/09