HB 411-FN - AS INTRODUCED

 

 

2023 SESSION

23-0656

06/04

 

HOUSE BILL 411-FN

 

AN ACT relative to mediation of cases involving children.

 

SPONSORS: Rep. Testerman, Merr. 3

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill repeals and reenacts RSA 461-A:7 mediation of cases involving children to allow courts to recommend mediation and give mediation referrals to parents, but that the court is not permitted to order mediation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0656

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to mediation of cases involving children.

 

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

 

1  Parental Rights and Responsibilities; Mediation of Cases Involving Children.  RSA 461-A:7 is repealed and reenacted to read as follows:

461-A:7  Mediation of Cases Involving Children.  The court may recommend mediation and give parents referrals of certified mediators, but the court shall not order mediation.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

23-0656

12/29/22

 

HB 411-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to mediation of cases involving children.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - New Hampshire Judicial Branch Mediation & Arbitration Fund

 

 

 

 

 

METHODOLOGY:

This bill repeals and reenacts RSA 461-A:7 mediation of cases involving children to allow courts to recommend mediation and give mediation referrals to parents, but that the court is not permitted to order mediation.

 

The Judicial Branch state this bill will increase State revenues and expenditures by an indeterminable amount.  The Judicial Branch states, on average, the Mediation & Arbitration Fund pays approximately $68,600 annually in mediation fees for indigent parties.  The Judicial Branch assumes by removing the courts ability to order mediation there will be fewer mediations where the parties are indigent and the mediator's fee is paid by the Judicial Branch, thus increase funds to the New Hampshire Judicial Branch Mediation and Arbitration Fund.  The Branch also assumes because there will likely be fewer mediations, fewer cases will be settled by parties and more cases will result in contested hearings or trials increasing the Judicial Branch's resources expended, hence increasing General fund expenditures.    

 

It is assumed any fiscal impact would not occur until FY 2024.

 

AGENCIES CONTACTED:

Judicial Branch