2001 SESSION

01-0004

09/01

HOUSE BILL 281-FN

COMMITTEE: Judiciary

ANALYSIS

This bill establishes an administrative office of the courts, which shall be independent of the supreme court. The director of the office shall be appointed by the governor. The office shall be responsible for the judicial branch budget, the hiring and firing of court personnel, and the management of court facilities, in conjunction with the department of administrative services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0004

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 New Chapter; Administrative Office of the Courts. Amend RSA by inserting after chapter 491-B the following new chapter:

CHAPTER 491-C

ADMINISTRATIVE OFFICE OF THE COURTS

491-C:1 Administrative Office of the Courts. There is established an administrative office of the courts, which shall operate independently of the supreme court. The administrative office of the courts, through its director and employees, shall be responsible for:

I. Preparation and presentation of the judicial branch budget.

II. The hiring and firing of court personnel.

III. The management of court facilities, in conjunction with the department of administrative services under RSA 491-B.

IV. Duties specifically authorized by law.

V. Other matters necessary to the administration of the courts which are not governed by procedural rules of the courts adopted pursuant to part 2, article 73-a of the New Hampshire constitution.

491-C:2 Director and Employees.

I. The director of the administrative office of the courts shall be appointed by the governor and council to a 4-year term. The director shall be qualified to hold that position by reason of education and experience. The salary of the director shall be as specified in RSA 94:1-a.

II. The director may hire such employees as are necessary to carry out the functions and duties of the office as enumerated in RSA 491-C:1.

2 Salary; Director. Amend RSA 94:1-a, I by inserting in group O the following:

Director, administrative office of the courts.

3 Reference Changes; Judicial Branch Budget. Amend RSA 9:4-a to read as follows:

9:4-a Judicial Branch Budget. The supreme court, the superior court, and the probate judges shall prepare their own budgets and the budgets of their respective components, which they shall deliver to the [chief justice of the supreme court] administrative office of the courts for transmittal to the speaker of the house, the president of the senate, the house finance committee, and the senate finance committee, for review and processing by the legislature according to the same time schedule for budgetary review and analysis required of executive agencies. A copy of said transmittal shall be forwarded to the supreme court, superior court and probate judges. The judicial branch budgets shall be prepared upon forms and according to procedures prescribed by the commissioner of administrative services. The budget request documents and such additional information as may be requested shall be submitted to the commissioner of administrative services to be included in the governor's budget in the amounts requested, and with such comments as the governor deems appropriate.

4 Reference Change; Audit of Judicial Branch. Amend RSA 9:17-e to read as follows:

9:17-e Audit of Judicial Branch. Other provisions of law notwithstanding, the [chief justice of the supreme court] director of the administrative office of the courts shall pre-audit all claims of the judicial branch to be presented for the issuance of warrants and this certification shall be sufficient evidence for the director, division of accounting services, to fulfill his responsibilities under the provisions of RSA 8:13, VII relative to debt incurred by the judicial branch.

5 Reference Change; Transfer of Appropriations, Superior Court. Amend RSA 9:17-f to read as follows:

9:17-f Transfer of Appropriations, Superior Court. The [chief justice of the superior court, with the approval of the superior court budget committee,] director of the administrative office of the courts may transfer funds for any specific purposes to funds for other purposes in the general appropriations for the superior court and may transfer funds within any functional unit of the court, and shall certify such transfers to the commissioner of administrative services. The certification shall state that the transfers are necessary to efficiently carry out the functions of the court and that the [chief justice of the supreme court has been consulted about the transfers and the] transfer has been approved by the legislative fiscal committee. The provisions of this section shall not supersede the provisions of RSA 99:4, 9:17-a, I, II, II-a and IV, and 9:17-c.

6 Reference Change; Supreme Court; Revolving Funds Authorized. Amend RSA 490:18-a to read as follows:

490:18-a Revolving Funds Authorized. The [office of administrative services of the supreme court] administrative office of the courts is authorized to establish revolving funds for the purposes of the printing and sale of forms, publications and educational materials; and such funds shall not lapse.

7 Reference Change; Supreme Court; Building and Facilities. Amend RSA 490:26 to read as follows:

490:26 Building and Facilities. The [supreme court] administrative office of the courts shall control all space, facilities, and equipment in the supreme court building and shall employ sufficient numbers of persons to provide custodial services and general maintenance supervision for the building. The commissioner of administrative services shall provide any additional maintenance and repair to keep the building in suitable repair and condition for use by the supreme court and law library, subject to the availability of appropriated funds.

8 Reference Change; Court Personnel and Compensation System. Amend RSA 490:26-b to read as follows:

490:26-b Court Personnel and Compensation System. The [supreme court] administrative office of the courts shall establish a uniform personnel classification and compensation system and salary and grievance procedures for all nonjudicial court personnel. The compensation system shall be approved by the legislature prior to becoming effective if the legislature is meeting in regular session. If the legislature is not meeting in regular session, the compensation system shall be approved by the legislative fiscal committee prior to becoming effective. The salary and grievance procedures shall be established by [administrative order of the supreme court] the administrative office of the courts.

9 Change from "Supreme Court" to "Administrative Office of the Courts." Amend the following RSA provisions by replacing "supreme court" with "administrative office of the courts": 6:11, III; 9:17-d; 490:26-c, I; 490:28; 490:29, II; 490-B:3; 490-B:4; 490-B:5.

10 Effective Date. This act shall take effect January 1, 2002.

LBAO

01-0004

1/23/01

HB 281-FN - FISCAL NOTE

FISCAL IMPACT: