HB 473-FN – AS INTRODUCED
2011 SESSION
04/01
HOUSE BILL 473-FN
AN ACT relative to fees added to the late payment of fees to bail commissioners.
COMMITTEE: Criminal Justice and Public Safety
This bill imposes a $50 administrative fee on any defendant who fails to make payment of the bail commissioner’s fee within 30 days and requires that a hearing be held prior to the waiver of a fee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0465
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to fees added to the late payment of fees to bail commissioners.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Bail and Recognizances; Bail Commissioners. Amend RSA 597:20 to read as follows:
597:20 Fees.
I. The bail commissioners in such cases shall be entitled to a fee of $40 payable within 30 days. If the defendant fails to make payment with the allotted time, a $50 administrative fee shall be imposed upon the defendant. The administrative fee shall be retained by the court before which the defendant is bound to appear for the use of such court. However, clerks of court or members of their staffs who are bail commissioners shall be entitled to collect such fee only when called while not on active duty. In jurisdictions where the bail commissioner is a full-time salaried police officer, constable, sheriff, deputy sheriff, state police employee, or anyone else authorized to execute police powers, such person shall not receive the fee established in this section, but instead such amount shall be remitted to the town or city in which the district court is situated.
II. No fee under this section shall be waived without a hearing in the court before which the defendant is bound to appear. Notice of such hearing shall be provided to the bail commissioner entitled to the fee.
2 Effective Date. This act shall take effect upon its passage.
LBAO
11-0465
01/20/11
HB 473-FN - FISCAL NOTE
AN ACT relative to fees added to the late payment of fees to bail commissioners.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state expenditures and revenue by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on county and local expenditures or revenue.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 597:20, dealing with the fees of bail commissioners, to make the bail commissioner’s fee payable within 30 days, imposes a $50 administrative fee for late payments to be retained by the Branch, and provides that no fee can be waived without a hearing at which the defendant must appear and notice is given to the bail commissioner. The Branch has little involvement with the fees of bail commissioners. The Branch would have increased expenditures associated with establishing a system to track payment of bail commissioner fees so it would know when to impose the $50 fee. There would also be expenditures associated with hearings to waive the bail commissioner fees. The Branch anticipates an increase in revenue from the $50 administrative fee. The Branch has no specific information available to provide an estimated fiscal impact related to the increased expenditures or revenue.