HB 0360

AN ACT establishing a civil legal services fund consisting of court filing fee surcharges for the purpose of establishing and operating a New Hampshire Legal Assistance office in Nashua and relative to a New Hampshire Legal Assistance pilot project on serving the near-poor.

SPONSORS: Rep. Konys, Hills 65; Rep. Rowe, Hills 47; Rep. Drisko, Hills 46; Rep. D. Cote, Hills 62; Sen. Foster, Dist 13

This bill establishes a civil legal services fund consisting of court filing fee surcharges for a 2-year period for the purpose of establishing and operating a New Hampshire Legal Assistance office in Nashua. The bill also requires New Hampshire Legal Assistance to conduct a pilot project on serving the near-poor and to report on the results of that project to the judicial council, the legislature, and the governor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Civil Legal Services Fund; Filing Fee Surcharge; New Hampshire Legal Assistance. There is established in the office of the state treasurer a separate fund to be known as the civil legal services fund. The sum of $6 shall be added to each entry fee collected in the supreme, superior, district, family and probate courts, but not in small claims cases filed pursuant to RSA 503, and these sums shall be deposited in the fund. The amounts collected in this fund shall be distributed to New Hampshire Legal Assistance for the costs of establishing and operating an office in the city of Nashua to provide civil legal services to low-income persons in the city of Nashua and the surrounding area. These civil legal services include services related to such issues as housing, social security and other government benefits, health care, domestic violence, and consumer issues. New Hampshire Legal Assistance shall report to the judicial council as to its use of these funds in accordance with RSA 525-A:1.

2 Pilot Project on Serving the Near-Poor; New Hampshire Legal Assistance. For the 2004-2005 biennium, New Hampshire Legal Assistance shall conduct a pilot project in Hillsborough county under which it will raise its net income eligibility ceiling from 125 percent to 187.5 percent of the federal poverty guidelines, for the purpose of providing legal services to a segment of New Hampshire residents who have heretofore been ineligible for services, but in many cases cannot afford to hire a lawyer. New Hampshire Legal Assistance shall report to the judicial council, the chairpersons of the house and senate judiciary and finance committees, the speaker of the house, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2004 as to the results of this project as of that date.

3 Repeal. Sections 1 and 2 of this act, relative to the civil legal services fund and the pilot project on serving the near-poor, are repealed.

The Judicial Council has determined this bill, as amended by the House (House Amendment #2003-0612h), will increase state restricted revenue and expenditures by $368,640 in FY 2004 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.

The Judicial Council stated this bill establishes a $6 filing fee surcharge on civil filings, except small claims in Supreme, Superior, District and Probate Courts.

The Administrative Office of the Courts estimates the number of filings to be 61,440. At $6 per filing, this would result in increased restricted revenue of $368,640 annually. The revenue generated is dedicated for the purpose of funding a NH Legal Assistance Office in Nashua.