HB 1580-FN - AS INTRODUCED

2016 SESSION

16-2214

10/01

HOUSE BILL 1580-FN

AN ACT removing the real estate commission from the office of professional licensure and certification.

SPONSORS: Rep. Baroody, Hills. 43; Rep. DiSilvestro, Hills. 9

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill removes the real estate commission from the office of professional licensure and certification and re-establishes the duties of the commission and the executive director.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2214

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT removing the real estate commission from the office of professional licensure and certification.

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

1  New Paragraph; Definition Added.  Amend RSA 331-A:2 by inserting after paragraph XV the following new paragraph:

XVI.  "Executive director'' means the executive director of the New Hampshire real estate commission.

2  Real Estate Commission; Report.  Amend RSA 331-A:5, IX to read as follows:

IX.  The  [office of professional licensure and certification] commission shall make a biennial report to the governor and council on or before September 1 of each odd-numbered year.  The report shall include an account of its actions, its receipts and expenses, the practical effects of the application of this chapter, and any recommendations for legislation.

3  New Section; Administrative Attachment; Real Estate Commission.  Amend RSA 331-A:6 by inserting after section 6 the following new section:

331-A:6-a  Commission Administratively Attached.  The commission shall be administratively attached, under RSA 21-G:10, to the department of state as provided in RSA 5:13-a.

4  New Paragraph; Appointment of Executive Director.  Amend RSA 331-A:7 by inserting after paragraph I the following new paragraph:

I-a.  Appoint an executive director to assist the commission in administering this chapter.

5  New Section; Powers of the Executive Director.  Amend RSA 331-A by inserting after section 8 the following new section:

331-A:8-a  Powers of the Executive Director.  In addition to any authority provided by law, the executive director shall:

I.  Issue a license to any applicant who has met the requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure.  Proceedings concerning the denial of licenses based on unprofessional conduct shall be conducted by the commission and governed by RSA 541-A.

II.  Hire clerical, administrative and investigative staff as necessary to implement and administer this chapter, and hire individuals, including those licensed under this chapter, to serve as examiners or consultants as necessary to implement and administer this chapter.

III.  Maintain the official department record of all applicants and licensees.

IV.  Implement and administer a program for consumer education.

6  Real Estate Commission; Qualifications for Licensure.  Amend the introductory paragraph of RSA 331-A:10, I to read as follows:

I.  The  [commission, or designee,] executive director shall issue a salesperson’s license to any applicant who:

7  Real Estate Commission; Qualifications for Licensure.  Amend the introductory paragraph of RSA 331-A:10, II and subparagraphs II(a) and (b) to read as follows:

II.  The  [commission, or designee,] executive director shall issue a broker’s license to any applicant who:

(a)  Has attained the age of 18;

(b)  Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice.  The  [commission, or designee,] executive director shall only accept for licensure, an applicant who shows proof of completion of 60 hours of approved study which shall have been completed prior to the date of the applicant’s examination;

8  Repeal.  The following are repealed:

I.  RSA 310-A:1-a, I(q), relative to inclusion of the real estate commission in the office of professional licensure and certification.

II.  RSA 310-A:1-c, III and IV, relative to the transfer and classification of the executive director of the real estate commission.

III.  RSA 331-A:5, X, relative to transfer of functions to the office of professional licensure and certification.

9  Effective Date.  This act shall take effect upon its passage.

LBAO

16-2214

11/24/15

HB 1580-FN- FISCAL NOTE

AN ACT removing the real estate commission from the office of professional licensure and certification.

FISCAL IMPACT:

The Office of Professional Licensure and Certification states this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2016 and each year thereafter.  There will be no fiscal impact to state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The Office of Professional Licensure and Certification (OPLC) states this bill removes the Real Estate Commission from the OPLC and administratively attaches it to the Department of State.  To the extent the Real Estate Commission will need to pay for the procurement of office space; information technology and telephony upgrades to the new office site; utilities; new office supplies and furnishings; and moving and relocation costs, state expenditures will increase by an indeterminable amount.  Further, the OPLC states a Program Assistant I position was eliminated as an efficiency measure when the Real Estate Commission was consolidated into the OPLC.  If the Real Estate Commission were to hire the eliminated position, the OPLC estimates it would need to purchase $5,000 of equipment in FY 2017 and it would need to spend about $350 on travel and current expenses in FY 2017 and each year thereafter.  The following table provides the estimated salary and benefits costs of the position:

The Department of State states this bill will have no fiscal impact on its operations.

This bill does not contain an appropriation or authorization for positions.