HB1599: establishing a special marriage officiant license.

HB 1599-FN-A - AS INTRODUCED

2020 SESSION

20-2006

05/08

HOUSE BILL 1599-FN-A

AN ACT establishing a special marriage officiant license.

SPONSORS: Rep. Cushing, Rock. 21; Rep. Butler, Carr. 7; Rep. Altschiller, Rock. 19; Rep. DiLorenzo, Rock. 17; Rep. Schultz, Merr. 18; Rep. Chase, Straf. 18; Rep. Bushway, Rock. 21; Sen. Fuller Clark, Dist 21; Sen. French, Dist 7; Sen. Hennessey, Dist 5

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a special marriage officiant license to temporarily authorize an individual to solemnize a marriage. A portion of the license fee shall be deposited in the fund for domestic violence programs.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2006

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT establishing a special marriage officiant license.

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

1 New Section; Solemnization of Marriage; Special Marriage Officiant License. Amend RSA 457 by inserting after section 32-a the following new section:

457:32-b Special Marriage Officiant License.

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, and shall retain the remainder of the fee for administrative costs associated with issuance of the license.

II. Upon registration as a special marriage officiant, the individual shall be authorized to solemnize only the civil marriage designated on the registration form and shall receive proof of such authority from the secretary of state. The individual's authority to solemnize the marriage shall expire at the same time as the corresponding license.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

20-2006

12/4/19

HB 1599-FN-A- FISCAL NOTE

AS INTRODUCED

AN ACT establishing a special marriage officiant license.

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

Approximately $59,000

Approximately $59,000

Approximately $59,000

Expenditures

$0

$0

$0

$0

Funding Source:

[ X ] General [ ] Education [ ] Highway [ X ] Other - Special fund for domestic violence programs (RSA 173-B:15)

METHODOLOGY:

This bill would authorize the Secretary of State to issue a special marriage officiant license to temporarily authorize an individual to solemnize a marriage in this state. The legislation requires completion of a registration form and submission of an $85 fee, $80 which is to be forwarded to the Department of Health and Human Services for deposit in the fund for domestic violence programs established in RSA 173-B:15, and $5 to be retained by the Secretary of State for administrative costs associated with the issuance of the license.

The Department of Health and Human Services states the number of licenses that would be requested is unknown. No additional staff would be needed to forward the funds for deposit in the fund for domestic violence programs but the task would require a re-allocation of existing staff time for this purpose within the current budget.

The Secretary of State's Office previously submitted information assuming that the individuals obtaining the proposed license would be the same ones who obtain on-line ordained minister credentials to qualify for the special marriage solemnization license issued to ordained ministers. The fee for that license is $25. It is estimated that 985 individuals apply for the existing license annually, generating approximately $24,625 per year (985 x $25). This revenue currently goes to the general fund. The Secretary of State assumes under the bill, the same number of applicants (985) will now pay $85 and will generate $83,725 (985 x $85 = $83,725). Of this amount, $78,800 (985 x $80 = $78,800) would go to the domestic violence fund. The Secretary of State assumes $4,925 (985 x $5 =$4,925) would be retained by the Secretary of State for deposit into the general fund.

Type of License

Ordained Minister Online

Proposed Marriage Officiant

License Fee

$25

$85

Estimated Annual Number of Applicants

985

985

Annual Revenue to General Fund

$24,625

$4,925

Annual Revenue to Domestic Violence Fund

$0

$78,800

Total Annual Revenue

$24,625

$83,725

Total Projected Annual Revenue

$83,725

Less Current Total Annual Revenue

$24,625

Net Projected Annual Revenue

$59,100

It is assumed the fiscal impact of this bill will not begin until FY 2021.

AGENCIES CONTACTED:

Department of State and Department of Health and Human Services