SB 143-FN - AS INTRODUCED
2021 SESSION
21-0943
04/10
SENATE BILL 143-FN
AN ACT adopting omnibus legislation relative to certain agency requests.
SPONSORS: Sen. Carson, Dist 14
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill adopts legislation relative to:
I. Appointment of counsel for a minor in a juvenile delinquency proceeding.
II. Recovery of unauthorized payments by the state, as requested by the department of health
and human services.
III. Alternative dispute resolution.
IV. Allowing judicial referees to issue orders in non-contested probate matters.
V. Permitting a supreme court justice to sit as a circuit court judge.
VI. Payment of costs for services other than counsel for indigent parties.
VII. Requiring a penalty assessment on violations.
VIII. Cybersecurity incident reporting and recommended cybersecurity standards for political
subdivisions.
IX. Emergency medical and trauma services data.
X. The appeal of a claim denied by the victims' assistance commission.
XI. Insurance company licenses.
XII. The New Hampshire National Guard enlistment incentive program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 143-FN - AS INTRODUCED
21-0943
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to certain agency requests.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I. LSR 21-0943, relative to the appointment of counsel under RSA 169-B, sponsored by
3 Sen. Carson, Prime/Dist 14.
4 Part II. LSR 21-0177, relative to recovery of unauthorized payments by the state, sponsored
5 by Sen. Gray, Prime/Dist 6.
6 Part III. LSR 21-0948, relative to alternative dispute resolution, sponsored by Sen. Carson,
7 Prime/Dist 14.
8 Part IV. LSR 21-0950, allowing judicial referees to issue orders in non-contested probate
9 matters, sponsored by Sen. Carson, Prime/Dist 14.
10 Part V. LSR 21-0952, permitting a supreme court justice to sit as a circuit court judge,
11 sponsored by Sen. Carson, Prime/Dist 14.
12 Part VI. LSR 21-0953, relative to the payment of costs for services other than counsel for
13 indigent parties, sponsored by Sen. Carson, Prime/Dist 14.
14 Part VII. LSR 21-0954, requiring a penalty assessment on violations, sponsored by Sen.
15 Carson, Prime/Dist 14.
16 Part VIII. LSR 21-0643, relative to cybersecurity incident reporting and recommended
17 cybersecurity standards for political subdivisions, sponsored by Sen. Rosenwald, Prime/Dist 13; Sen.
18 Carson, Dist 14; Sen. Cavanaugh, Dist 16; Rep. Ebel, Merr 5; Rep. Leishman, Hills 24.
19 Part IX. LSR 21-1012, relative to emergency medical and trauma services data, sponsored
20 by Sen. Prentiss, Prime/Dist 5; Sen. Cavanaugh, Dist 16; Rep. Goley, Hills 8; Rep. Merchant, Sull 4.
21 Part X. LSR 21-1000, relative to the appeal of a claim denied by the victims' assistance
22 commission, sponsored by Sen. Kahn, Prime/Dist 10; Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5.
23 Part XI. LSR 21-0918, relative to insurance company licenses, sponsored by Sen. Daniels,
24 Prime/Dist 11; Rep. Potucek, Hills 18; Rep. Bartlett, Merr 19.
25 Part XII. LSR 21-1066, relative to the New Hampshire National Guard enlistment incentive
26 program, sponsored by Sen. Carson, Prime/Dist 14.
27 2 Legislation Enacted. The general court hereby enacts the following legislation:
28
29 PART I
30 Relative to the appointment of counsel under RSA 169-B.
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1 1 Delinquent Children; Issuance of Summons and Notice; Appointment of Council. Amend RSA
2 169-B:7, III to read as follows:
3 III. Upon receipt of the petition, the court shall appoint counsel for the minor. Such
4 appointment shall occur promptly, and in no event later than the time when the summons
5 is issued. Notice of the appointment shall be transmitted to counsel and to the petitioner
6 by electronic mail and by first class mail on the day of the appointment. The summons shall
7 contain a notice of the right to representation by counsel and [the available procedures for obtaining
8 counsel] the name, address, telephone number, and electronic mail address of the attorney
9 who has been appointed by the court. The summons shall also state as follows: "With limited
10 exception, the department of health and human services shall be responsible for the cost of services
11 provided under this chapter. RSA 186-C regarding children with disabilities grants minors and their
12 parents certain rights to services from school districts at public expense and to appeal school district
13 decisions regarding services to be provided."
14 2 Appointment of Counsel; Waiver of Counsel. Amend 169-B:12, I and I-a to read as follows:
15 I. Absent a valid waiver, the court shall appoint counsel [at the time of arraignment of an
16 indigent minor, provided that an indigent minor detained pursuant to RSA 169-B:11, III, shall have
17 counsel appointed upon the issuance of the detention order] for an indigent minor pursuant to
18 RSA 169-B:7, III. For purposes of [the appointment of counsel under] this section, an indigent
19 minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is
20 financially unable to independently obtain counsel. If the court has received information indicating
21 that the minor [has] may have an intellectual, cognitive, emotional, learning, or sensory disability,
22 the court shall [require the minor to consult with] not permit the minor to waive the right to
23 counsel.
24 I-a. When an attorney is appointed as counsel for a child, representation shall include
25 counsel and investigative, expert, and other services, including process to compel the attendance of
26 witnesses, as may be necessary to protect the rights of the child. Representation shall include
27 representation at related proceedings when such matters are based on the same factual
28 circumstances as the petition under this chapter and involvement in the related
29 proceeding is necessary to provide effective representation on the petition. Such
30 appointment shall remain in effect until the court no longer has jurisdiction over the child
31 pursuant to this chapter.
32 3 Waiver of Counsel. Amend RSA 169-B:12, II-a to read as follows:
33 II-a. If the minor and the parent, guardian, or custodian have not consulted with counsel
34 about the possible consequences of the proposed waiver of the right to counsel, the court [may only]
35 shall not accept a waiver pursuant to paragraph II [after making case-specific written findings with
36 regard to each of the required conditions for waiver].
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1 4 New Section; Use of Statement or Confession from a Minor; Appointment of Counsel Required.
2 Amend RSA 169-B by inserting after section 12-a the following new section:
3 169-B:12-b Use of Statement or Confession from a Minor. No statement or confession from a
4 person who was a minor at the time of the statement or confession may be used against the person
5 in any judicial proceeding unless the person was represented by counsel at the time of the statement
6 or confession and had consulted with their counsel prior to the time of the statement or confession.
7 Any law enforcement agency may petition the court for the appointment of counsel for a minor that
8 the agency intends to question. Upon receipt of such a petition, the court shall appoint counsel using
9 the procedure in RSA 169-B:12, and provide notice to the minor and the attorney who is appointed
10 using the procedures in that section.
11 5 Contract Attorneys. Amend RSA 604-A:2-b to read as follows:
12 604-A:2-b Contract Attorneys. The state of New Hampshire, by the judicial council and with the
13 approval of governor and council, may, within the limits of available appropriations, contract with
14 any qualified attorney in the state to provide for the representation of indigents in circumstances
15 where, pursuant to RSA 604-B, the public defender program is unavailable to provide such
16 representation. No contract providing for the representation of children in proceedings
17 arising under RSA 169-B shall be based on payment of a predetermined fee per case or
18 other payment structure which creates a financial disincentive for attorneys to provide
19 effective representation in such cases. The executive director of the judicial council shall
20 authorize payments to contract attorneys provided for under this section.
21 6 Adequate Representation for Indigent Defendants in Criminal Cases. Amend RSA 604-A:9,
22 I(a) and (b) to read as follows:
23 I.(a) Any adult defendant [or juvenile respondent] who has been assigned counsel or a public
24 defender shall be subject to an order by the court, pursuant to this section, regarding payment to the
25 state for counsel fees and expenses paid by the state on behalf of the defendant [or juvenile], and
26 regarding payment of an administrative service assessment. Any payment obligation shall apply
27 only to a defendant who has been convicted [or a juvenile who has been found delinquent].
28 (b) Upon entering a judgment of conviction [or a finding of delinquency], and the
29 issuance of sentence or disposition, the court shall enter a separate written order setting forth the
30 reasons for the court's conclusion regarding the financial ability of the defendant [or the juvenile,
31 including any person liable for the support of the juvenile pursuant to RSA 604-A:2-a,] to make
32 payment of counsel fees and expenses, and administrative service assessment. In its discretion, the
33 court may conduct an ability-to-pay hearing to assist in its determination. If the court finds that
34 there is an ability to pay some or all of the counsel fees and expenses and the assessment, either
35 presently or in the future, it shall order payment in such amounts and upon such terms and
36 conditions it finds equitable; any payment obligation shall not commence until the conviction and
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1 sentence [or the finding of delinquency and disposition] has become final. If the court finds that
2 there is no such ability to pay, it shall so order, and any payment obligation shall terminate.
3 7 Adequate Representation for Indigent Defendants in Criminal Cases. Amend RSA 604-A:9,
4 I(f) to read as follows:
5 (f) The maximum payment amount for counsel fees and expenses shall be according to a
6 schedule established by the administrator of the office of cost containment with the approval of the
7 administrative justices of the courts. Any payment obligation for fees and expenses shall not exceed
8 the amount of the state's flat rate payable to a contract attorney as established pursuant to RSA
9 604-B. The administrative service assessment shall not exceed 10 percent of the counsel fees and
10 expenses. Payment shall be made to the office of cost containment unless the defendant [or juvenile]
11 is placed on probation or sentenced to a period of conditional discharge, in which case repayment
12 shall be made to the state through the department of corrections. [Any payment obligation
13 attributable to a juvenile shall terminate when the juvenile reaches the age of majority, except when
14 the juvenile has been certified and tried as an adult.]
15 8 Development of Performance Standards. Amend RSA 604-A:10, V to read as follows:
16 V. The judicial council shall adopt standards relative to appointment for juvenile counsel.
17 Such standards shall establish training, experience, and other qualifications for attorneys to
18 represent minors in such proceedings, and shall be developed with consideration of relevant national
19 standards including, but not limited to, the Juvenile Justice Standards of the Institute of Judicial
20 Administration and American Bar Association. The council shall develop the standards
21 required by this section in consultation with the judicial branch, the New Hampshire Bar
22 Association, New Hampshire Legal Assistance, the New Hampshire Public Defender, the
23 Disability Rights Center of New Hampshire, and the American Civil Liberties Union of New
24 Hampshire, and shall adopt them no later than July 1, 2022.
25 9 Repeal. The following are repealed:
26 I. RSA 169-B:12, II-b, relative to appointment of counsel.
27 II. RSA 169-B:12, III, relative to financial responsibility for appointment of counsel.
28 10 Effective Date. Part I of this act shall take effect January 1, 2022.
29
30 PART II
31 Relative to recovery of unauthorized payments by the state.
32 1 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children;
33 Unauthorized Payments; Recovery by State. RSA 167:17-a is repealed and reenacted to read as
34 follows:
35 167:17-a Unauthorized Payments; Recovery by State. Any sums paid to or on behalf of any
36 individual for any public assistance program under the provisions of RSA 167 or RSA 161 as a result
37 of any failure to report collateral resources as described in RSA 167:17, false statement,
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1 misrepresentation or concealment of or failure to disclose the receipt of property, wages, income or
2 resources by the individual or by any person legally liable for the individual's support, or with regard
3 to supplemental nutrition assistance program (SNAP) benefits such assistance overpaid without
4 regard to the reason for such overpayment including, but not limited to, errors committed by the
5 department of health and human services, its employees, agents or contractors, may be recovered
6 through administrative or judicial process, in an action brought by the state or the commissioner of
7 the department of health and human services or his or her designee against such individual. This
8 recovery shall be limited by the provisions of RSA 161:10. The commissioner of the department of
9 health and human services shall recover any unauthorized payments by reasonably adjusting
10 current and future grant amounts received by the individual violating the provisions of this section,
11 or through the return of the overpayment through repayment to the department. A person who
12 knowingly, and with malfeasance, assists a recipient or other person in obtaining an overpayment is
13 jointly and severally liable for the overpayment.
14 2 Effective Date. Part II of this act shall take effect upon its passage.
15
16 PART III
17 Relative to alternative dispute resolution.
18 1 New Section; Office of Mediation and Arbitration; Quality Assurance Program. Amend RSA
19 490-E by inserting after section 5 the following new section:
20 490-E:6 Quality Assurance Program.
21 I. The office of mediation and arbitration may establish a quality assurance program to
22 support the administration of alternative dispute resolution programs in all courts. The program
23 may include, but is not limited to:
24 (a) Investigating and resolving complaints about alternative dispute resolution
25 programs in all courts, including services or assistance provided by the office or a neutral party
26 approved by the judicial branch; and
27 (b) Monitoring and evaluating the appropriateness of alternative dispute resolution
28 services provided by the office or a neutral party approved by the judicial branch so that problems or
29 trends in the delivery of services are identified and steps to correct problems can be taken.
30 II. The office of mediation and arbitration may request information about an alternative
31 dispute resolution program in the courts. Any information received by the office may be shared only
32 within the judicial branch and such information shall otherwise be confidential and privileged as
33 provided by law, rule, or order.
34 III. Records of the office's quality assurance program, including records of interviews,
35 internal reviews or investigations, reports, statements, minutes, and other documentation, shall be
36 confidential and shall be protect