HB 369-FN – AS AMENDED BY THE HOUSE
02Jan2008… 2486h
2007 SESSION
09/01
HOUSE BILL 369-FN
AN ACT relative to state reimbursement and payment for costs of bailiffs.
SPONSORS: Rep. Mooney, Hills 19; Rep. Emerton, Hills 7; Rep. B. Shaw, Hills 16; Rep. Harvey, Hills 21; Rep. Rowe, Hills 6; Sen. Roberge, Dist 9
This bill increases the amount the state is required to reimburse sheriffs’ offices for the costs of bailiffs and the amount the state is required to pay per-diem judicial court security officers employed as bailiffs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2486h
07-0079
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to state reimbursement and payment for costs of bailiffs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fees of Sheriffs; Reimbursement and Payment by State for Costs of Bailiffs. Amend RSA 104:31, X to read as follows:
X. The state shall reimburse the sheriff’s office, and shall pay per diem judicial branch court security officers, within available funds appropriated by the legislature, [$65] $100 for each full day and [$35] $50 for each half day, plus traveling expenses to attend any official business, for any person employed as a bailiff [by the sheriff’s office]. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The state shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.
2 Effective Date. This act shall take effect July 1, 2009.
LBAO
07-0079
Amended 01/23/08
HB 369 FISCAL NOTE
AN ACT relative to state reimbursement and payment for costs of bailiffs.
FISCAL IMPACT:
The Department of Administrative Services and the Judicial Branch state this bill, as amended by the House (Amendment 2007-2486h), will increase state general fund expenditures by $1,401,219 and increase county revenue by $842,852 in FY 2010 and each year thereafter. There will be no fiscal impact on county and local expenditures or state and local revenue.
METHODOLOGY:
The Department of Administrative Services states this bill will increase the daily reimbursement for bailiffs from $65 to $100 and increase the half day reimbursement from $35 to $50. The Department indicates other costs associated with employing court bailiffs, such as FICA and workers compensation, will also increase as a result of the increase in court bailiff daily reimbursement amounts. The Department determined the total for the $65 daily reimbursement plus FICA @ 7.65% and workers compensation @ 7.21% to be $74.66. The FY 2007 actual expenditure was divided by the daily cost to provide an estimate of 13,699 reimbursed days ($1,022,779, FY 2007 actual expenditure/ $74.66 daily reimbursement). The Department assumed the same number of reimbursed days in FY 2010 through FY 2012. The daily reimbursement of $100 plus FICA @ 7.65% and workers compensation @ 7.21% multiplied by 13,699 results in a cost $1,573,467 for sheriff custody reimbursements, an increase of $115,957 over the FY 2009 appropriation of $1,457,510.
The Judicial Branch determined the increase in costs for reimbursement based on staffing levels in effect for FY 2008 and FY 2009. The Branch estimates it will reimburse sheriffs for approximately 18,082 days in FY 2009 ($1,350,000, FY 2009 appropriation/ $74.66). The daily reimbursement of $100 plus FICA @ 7.65% and workers compensation @ 7.21% multiplied by 18,082 results in a cost $2,076,895 for sheriff reimbursements, an increase of $726,895 over the FY 2009 appropriation for sheriff reimbursements of $1,350,000.
The Branch determined the daily reimbursement for court security officers is $69.97 ($65 daily reimbursement plus FICA @ 7.65%). The Branch estimates it will reimburse court security officers for approximately 14,819 days in FY 2009 ($1,036,898 (per diem pay of $963,212 plus $73,686 for FICA) / $69.97). The daily reimbursement of $100 plus FICA @ 7.65% multiplied by 14,819 results in a cost $1,595,265 for court security officers, an increase of $558,367 over the FY 2009 appropriation for court security officers of $1,036,898.