SB 143 (2021)

This is an omnibus bill generally related to criminal justice and the judicial system.

First, this bill makes several changes to the juvenile justice process, such as earlier appointment of counsel, prohibiting use of juvenile’s statements to law enforcement unless represented by counsel, and eliminating legal fees assessed against juveniles.  The House amended this part of the bill to remove most of the new protections for juveniles.

Second, this bill authorizes the Department of Health and Human Services to recover unauthorized payments of public assistance from any legally liable person. Currently, state law allows recovery only from "future grants," meaning the Department can recover only if the legally responsible party is open for assistance in the future, and then may recover only those future grants.  The House voted to remove this part of the bill.

Third, this bill authorizes a quality assurance program in the Office of Mediation and Arbitration.

Fourth, this bill authorizes the administrative judge of the circuit court to appoint a judicial referee in some uncontested probate cases. This bill also repeals the law that gives the probate court exclusive jurisdiction over the termination of parental rights.

Fifth, this bill allows a supreme court justice to sit as a circuit court judge.

Sixth, this bill lays out the division of costs for legal counsel, investigative, expert, and other necessary services in abuse and neglect, guardianship, and termination of parental rights cases. This would authorize the state to pay for expert services, other than a lawyer, for people in those cases who are unable to pay.  

Seventh, this bill adds a penalty assessment of $2 or 24%, whichever is greater, for violations.  The House voted to remove this part of the bill.

Eighth, this bill adds some definitions and duties related to cybersecurity for the state and towns.  The House voted to remove this part of the bill.

Ninth, this bill revises the law around emergency medical and trauma services data and analysis, generally to expand access to by third parties.  The House voted to remove this part of the bill.

Tenth, this bill allows an individual to appeal a decision by the Victims' Assistance Fund to the Attorney General if the commission decides the individual is ineligible for compensation.  The House voted to remove this part of the bill.

Eleventh, this bill revises the law around insurance company licenses, for example to require companies to be "consistent with the NAIC’s Uniform Certificate of Authority Application process and standards."

Twelfth, this bill eliminates the National Guard Scholarship Fund and replaces it with a $500 incentive payment to retirees and members of the NHNG who refer someone for enlistment into the guard.

Lastly, the House voted to add a new part to the bill that restricts state and local law enforcement from engaging in forfeiture of property and transfer to the federal government unless the seized property includes more than $100,000 in United States currency.  A conference committee of representatives and senators removed this addition from the final bill.

The Senate added the substance of this bill to HB 566.