Bill Text - SB674 (2020)

Relative to the special fund for domestic violence programs, the public health services special fund, and the mosquito control fund.

Revision: Jan. 14, 2020, 2:43 p.m.

SB 674-FN - AS INTRODUCED

 

 

2020 SESSION

20-2858

05/04

 

SENATE BILL 674-FN

 

AN ACT relative to the special fund for domestic violence programs, the public health services special fund, and the mosquito control fund.

 

SPONSORS: Sen. Gray, Dist 6; Sen. Ward, Dist 8; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Morgan, Dist 23; Sen. Carson, Dist 14; Sen. Giuda, Dist 2; Sen. Birdsell, Dist 19; Sen. Soucy, Dist 18; Sen. Bradley, Dist 3; Sen. Chandley, Dist 11; Rep. Major, Rock. 14

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill clarifies that fines collected under RSA 631:2-b, V for convictions of domestic violence shall be deposited in the dedicated fund for domestic violence grant programs.  The bill expands the source of funds deposited in the public health services special fund administered by the department of health and human services.  The bill also removes the requirement that the balance of the mosquito control fund lapse to the general fund at the close of the 2009 fiscal year.

 

The bill is a request of the department of health and human 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2858

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the special fund for domestic violence programs, the public health services special fund, and the mosquito control fund.

 

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

 

1  State Treasurer and State Accounts; Application of Receipts; Special Fund for Domestic Violence Programs.  Amend RSA 6:12, I(b)(12) to read as follows:

(12)  Moneys received under RSA 457:29 and RSA 631:2-b, V, which shall be credited to the special fund for domestic violence programs, established in RSA 173-B:15.

2  Public Safety and Welfare; Protection of Persons from Domestic Violence; Special Fund for Domestic Violence Programs.  Amend RSA 173-B:15 to read as follows:

173-B:15  Fund for Domestic Violence Grant Program.  A special fund for domestic violence programs is established.  The sole purpose of the fund shall be to provide revenues for the domestic violence program established in RSA 173-B:16, and shall not be available for any other purpose.  The state treasurer shall deposit all fees received by the department under RSA 457:29 and RSA 631:2-b, V in the fund.  All moneys deposited in the fund shall be continually appropriated for the purposes of the domestic violence grant program and shall not lapse.

3  State Treasurer and State Accounts; Application of Receipts; Public Health Services Special Fund.  Amend RSA 6:12, I(b)(15) to read as follows:

(15)  Money received under RSA 125-F:22, RSA 143:11, RSA 143:22-a, RSA 143-A:6, and 184:85, which shall be credited to the public health services special fund, established in RSA 143:11.

4  Radiological Health Program; Civil Penalties; Public Health Services Special Fund.  Amend RSA 125-F:22, IV to read as follows:

IV.  Upon request of the department of health and human services, the department of justice is authorized to institute civil action to collect a penalty imposed pursuant to this section.  The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to [him] the attorney general for collection.  All civil penalties collected under this section shall be forwarded to the state treasurer.  The state treasurer shall deposit all moneys received under this section, and interest received on such money, to the public health services special fund, [which shall be nonlapsing] established in RSA 143:11, from which the department of health and human services shall pay expenses incident to the administration of this chapter.

5  Sanitary Production and Distribution of Food; Beverage Licenses and Fees; Public Health Services Special Fund.  Amend RSA 143:11, III to read as follows:

III.  There is hereby established the public health services special fund, which shall be kept separate and distinct from all other funds.  The fund shall be nonlapsing and continually appropriated to the department of health and human services.  All fees collected under this subdivision shall be forwarded to the state treasurer for deposit in the fund.  The state treasurer shall credit all moneys received under this subdivision, and interest received on such money, to [a] the public health services special fund, from which [he] the department of health and human services shall pay all the expenses of the department incident to the administration of this subdivision.  [This fund shall not lapse.]

6  Sanitary Production and Distribution of Fund; Shellfish Certificate Fees; Public Health Services Special Fund.  Amend RSA 143:22-a to read as follows:

143:22-a  Shellfish Certificate Fees.  The commissioner of the department of health and human services shall prescribe and collect fees for certificates for establishments which process or pack shellfish.  Such fees shall be in accordance with rules adopted under RSA 541-A.  All fees collected under this subdivision shall be forwarded to the state treasurer to be deposited in the [general fund] public health services special fund, established in RSA 143:11.  The department of health and human services shall use such funds to pay expenses of the department incident to the administration of this subdivision.

7  Food Service Licensure; Application; Issue Fee; Public Health Services Special Fund.  Amend RSA 143-A:6, VI to read as follows:

VI.  From the amounts collected by the commissioner under paragraph V, up to $300,000 each fiscal year may be included in the state biennial operating budget as restricted revenue to support the activities required in this chapter.  The state treasurer shall credit all moneys received under this paragraph, and interest received on such money, to the public health services special fund, established under RSA 143:11, from which the department shall pay expenses incident to the administration of this chapter.  

8  Milk Sanitation Code; Licenses and Fees; Public Health Services Special Fund.  Amend RSA 184:85, IV to read as follows:

IV.  All fees collected under this section shall be forwarded to the state treasurer.  The state treasurer shall credit all moneys received under this section, and interest received on such money, to [a special fund] the public health services special fund established in RSA 143:11, from which [he] the department shall pay all the expenses of the department incident to the licensing and regulation of milk plants, milk distributors and milk producer-distributors.  [This fund shall not lapse.]

9  Communicable Disease; Mosquito Control Fund.  Amend RSA 141-C:25, I to read as follows:

I.  There is hereby established a nonlapsing and continually appropriated mosquito control fund to assist cities, towns, and mosquito control districts by providing funding for the purpose of offsetting the cost of mosquito control activities including, but not limited to, the purchase and application of chemical pesticides.  The purpose of the fund is to provide financial assistance, when needed, to cities, towns, and mosquito control districts engaging in mosquito control and abatement activities in response to a declared threat to the public health.  [Any balance remaining in the mosquito control fund at the close of the fiscal year ending June 30, 2009 shall lapse to the general fund.]

10  Effective Date.  This act shall take effect July 1, 2020.

 

LBAO

20-2858

1/7/20

 

SB 674-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the special fund for domestic violence programs, the public health services special fund, and the mosquito control fund.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Public Health Services Special Fund

 

METHODOLOGY:

This bill makes changes to a number of statutes governing revenues collected by the Department of Health and Human Services.  In particular, the bill:

  1. Amends RSA 6:12, I(b)(12) by clarifying that fines collected in accordance with RSA 631:2-b, V, relative to domestic violence penalties, be deposited into the special fund for domestic violence programs established in RSA 173-B:15.  This is a technical change that reflects existing law and policy by aligning the State Treasurer's statute with those governing the distribution of domestic violence fines.   
  2. Removing outdated language stating that any balance remaining in the mosquito control fund established in RSA 141-C:25 shall lapse to the general fund at the end of fiscal year 2009.
  3. Expanding the revenue sources deposited into the public health services special fund.  Under the bill, the fund will receive the following revenues:
  • Shellfish certificate fees.  These fees were previously deposited into the general fund.  The change contained in this bill will therefore have the effect of reducing general fund revenues by a small amount.  For reference, the Department anticipated these fees would generate approximately $11,300 per year in FY 2020/21.
  • Civil penalties collected under the radiological health program.  These penalties were previously deposited into the fund, so this does not reflect a policy change.
  • Beverage licenses and fees.  These fees were previously deposited into a special fund that was not explicitly named in statute.  
  • Food service licensure fees.  Under existing law, up to $300,000 per year of fees from this source may be budgeted by the Department as restricted revenue.  This bill does not change that, but merely identifies the public health services special fund as the fund into which the fees are deposited.

 

AGENCIES CONTACTED:

Department of Health and Human Services