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
─────────────────────────────────────────────────────────────────
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.
---------------------------------------------------------------------------
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 346 - AS INTRODUCED
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 1 Dedicated Funds; Special Fund for Domestic Violence Programs. Amend RSA 6:12, I(b)(12) to
2 read as follows:
3 (12) Moneys received under [RSA 457:29] RSA 265:69, I(j) and RSA 236:134,
4 which shall be credited to the special fund for domestic violence programs.
5 2 Domestic Violence Grant Program. Amend RSA 173-B:15 to read as follows:
6 173-B:15 Fund for Domestic Violence Grant Program. A special fund for domestic violence programs
7 is established. The sole purpose of the fund shall be to provide revenues for the domestic violence
8 program established in RSA 173-B:16, and shall not be available for any other purpose. The state
9 treasurer shall deposit in the fund all [fees] moneys received by the [department under RSA
10 457:29] state for violations of RSA 265:69, I(j), relative to parking spaces designated for
11 persons with walking disabilities, and RSA 236:134, relative to parking spaces equipped
12 with electric vehicle charging stations [in the fund]. All moneys deposited in the fund shall be
13 continually appropriated for the purposes of the domestic violence grant program and shall not
14 lapse.
15 3 Marriage License Fee. Amend RSA 457:29 to read as follows:
16 457:29 Marriage License Fee. The fee for the marriage license shall be $50 to be paid by the
17 parties entering into the marriage. The clerk shall forward $43 from each fee to the [department of
18 health and human services for the purposes of RSA 173-B:15] state treasurer for deposit in the
19 general fund. The clerk shall retain the remaining $7 as the fee for making the records of notice,
20 issuing the certificate of marriage, and forwarding the $43 portion of the marriage license fee.
21 4 Special Marriage Officiant License. Amend RSA 457:32-b, I to read as follows:
22 I. The secretary of state may issue a special marriage officiant license, which shall
23 temporarily authorize an individual to solemnize a marriage in this state. Any individual who
24 applies for the special marriage officiant license shall register with the secretary of state, complete
25 the registration form prescribed by the secretary of state, and submit an $85 fee to the department of
26 state. The secretary of state shall forward $80 of the fee to the [department of health and human
27 services for deposit in the fund for domestic violence programs, established in RSA 173-B:15] state
28 treasurer for deposit in the general fund, and shall retain the remainder of the fee for
29 administrative costs associated with issuance of the license.
30 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
[ X ] General [ ] Education [ ] Highway [ X ] Other -
Funding Source:
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 Beginning Revenue Expenses Encumb. Other Ending
Year Balance Funding 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
Statutes affected: Introduced: 6:12, 173-B:15, 457:29, 457:32-b
latest version: 6:12, 173-B:15, 457:29, 457:32-b