HB346 (2021) Detail

Relative to the funding source for the domestic violence programs fund.


HB 346  - AS INTRODUCED

 

 

2021 SESSION

21-0250

05/04

 

HOUSE BILL 346

 

AN ACT relative to the funding source for the domestic violence programs fund.

 

SPONSORS: Rep. Edwards, Rock. 4

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill provides that a portion of the marriage license fee shall be deposited in the general fund rather than the fund for domestic violence grant programs.  The bill directs certain funds from parking violations to the domestic violence grant 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0250

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the funding source for the domestic violence programs fund.

 

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

 

1  Dedicated Funds; Special Fund for Domestic Violence Programs.  Amend RSA 6:12, I(b)(12) to read as follows:

(12)  Moneys received under [RSA 457:29] RSA 265:69, I(j) and RSA 236:134, which shall be credited to the special fund for domestic violence programs.

2  Domestic Violence Grant Program.  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 in the fund all [fees] moneys received by the [department under RSA 457:29] state for violations of RSA 265:69, I(j), relative to parking spaces designated for persons with walking disabilities, and RSA 236:134, relative to parking spaces equipped with electric vehicle charging stations [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  Marriage License Fee.  Amend RSA 457:29 to read as follows:

457:29  Marriage License Fee.  The fee for the marriage license shall be $50 to be paid by the parties entering into the marriage.  The clerk shall forward $43 from each fee to the [department of health and human services for the purposes of RSA 173-B:15] state treasurer for deposit in the general fund.  The clerk shall retain the remaining $7 as the fee for making the records of notice, issuing the certificate of marriage, and forwarding the $43 portion of the marriage license fee.

4  Special Marriage Officiant License.  Amend RSA 457:32-b, I to read as follows:

I.  The secretary of state may issue a special marriage officiant license, which shall temporarily authorize an individual to solemnize a marriage in this state.  Any individual who applies for the special marriage officiant license shall register with the secretary of state, complete the registration form prescribed by the secretary of state, and submit an $85 fee to the department of state.  The secretary of state shall forward $80 of the fee to the [department of health and human services for deposit in the fund for domestic violence programs, established in RSA 173-B:15] state treasurer for deposit in the general fund, and shall retain the remainder of the fee for administrative costs associated with issuance of the license.

5  Effective Date.  This act shall take effect July 1, 2021.

 

LBA

21-0250

2/2/21

 

HB 346-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the funding source for the domestic violence programs fund.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Domestic Violence Prevention Fund (RSA 173-B:16)

 

METHODOLOGY:

This bill changes the funding source of the Domestic Violence Grant Program from marriage license fees to fine revenue collected from certain parking violations.   The bill does not change the total amount of revenue generated from these sources but would significantly impact the Domestic Violence Grant Program by decreasing revenue allocated to the program and increasing revenue to the General Fund.  There would be no impact on county or local revenues or expenditures.

 

Currently $43 of the $50 marriage license fee collected by town clerks and $80 of the $85 special marriage officiant license fee collected by the Department of State is forwarded to the Department of Health and Human Services pursuant to RSA 457:29 to fund the Domestic Violence Grant Program established pursuant to RSA 173-B:16.  These funds are distributed to the New Hampshire Coalition for the Prevention of Domestic and Sexual Violence with the Governor and Council’s approval.  Program funds are continually appropriated and shall not lapse.  Town clerks and the Department of State retain the balance of $7 and $5 respectively from these fees for the cost of administration, with the $5 apportionment for the Department of State designated for the General Fund.  The bill would not affect the existing administrative allocations but would redirect the $43 and $80 allocations to the General Fund.  

 

Recent activity of the Domestic Violence Grant Program Fund is outlined below, and the Department of State indicates that total revenue to the Program for FY 2021 is $8,000 below the total collected at this time last year:

 

Purpose of Dedicated Fund

To fund domestic violence prevention programs.

Accounting Unit 2959

 

Fiscal Year

Beginning Balance

Revenue

Expenses

Encumb.

Other Funding

Ending Balance

2020

73,711

365,500

(413,923)

(25,235)

84,394

84,447

2019

58,241

421,916

(322,075)

(84,394)

23

73,711

2018

81,956

397,323

(485,323)

(23)

64,308

58,241

2017

78,213

399,395

(390,134)

(64,308)

58,789

81,956

 

The special marriage officiant license was established effective September 18, 2020 pursuant to Chapter 25:6, Laws of 2020 (HB 1240).  The estimated annual revenue from this source allocated to the Domestic Violence Grant Program is $78,800 beginning in FY21 but only $4,640 has been allocated as of January 19, 2021.  

 

In lieu of marriage license fee revenue to fund the Domestic Violence Grant Program, the bill allocates fine revenue from violations relative to parking spaces reserved for individuals with walking disabilities (RSA 265:69, I(j)) and relative to parking spaces equipped with electric vehicle charging stations (RSA 236:134).  Violation of RSA 265:69, I(j) is punishable by a minimum fine of $250, of which 20 percent is payable to the town or city where the violation occurred. Violations of RSA 236:134 are punishable for each day of infraction with an associated penalty of $53 per violation (RSA 236:127).

 

The Department of Safety indicates that violations within a municipality for parking illegally in parking spaces reserved for individuals with walking disabilities are usually issued by local police departments using a municipal ordinance for such violation and 100% of any fine revenue goes to the municipality.  Fine revenue from violations issued by State Police for violations of RSA 265:69, I(j)) on state property such as state-owned rest areas and other state-owned property is not significant with only 26 such citations issued in FY 2020 (14 paid).  Violations of RSA 236:134 on state property were not reported.  

 

The Department of Transportation indicates it does not collect revenues for violations of  RSA 236:134.  These are generally a municipal issue involving municipally-owned facilities.

 

Both proposed revenue sources do not generate any significant state revenue compared to the marriage license fees that currently fund the Domestic Violence Grant Program, therefore the program would experience an almost total loss of funding without further action to restore funding with other revenue sources or direct legislative appropriation.

 

AGENCIES CONTACTED:

Departments of Safety, Transportation, State, Administrative Services and Health and Human Services

 

Links

HB346 at GenCourtMobile
HB346 Discussion

Action Dates

Date Body Type
Feb. 17, 2021 House Hearing
March 2, 2021 House Exec Session
March 3, 2021 House Exec Session

Bill Text Revisions

HB346 Revision: 31654 Date: Feb. 3, 2021, 9 a.m.

Docket


March 3, 2021: Full Committee Work Session: 03/03/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92309184005 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


March 2, 2021: Full Committee Work Session: 03/02/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94528213728 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 17, 2021: Public Hearing: 02/17/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98448475898 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Ways and Means HJ 2 P. 44