Bill Text: NH HB364 | 2015 | Regular Session | Enrolled
Bill Title: Relative to renewal fees administered by the office of professional licensing, the salt applicator certification program, and pesticide product registration requirements.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-07-15 - Signed by the Governor on 7/13/2015; Chapter 229; Effective Date 7/1/2015 [HB364 Detail]
Download: New_Hampshire-2015-HB364-Enrolled.html
HB 364 – VERSION ADOPTED BY BOTH BODIES
04/30/2015 1272s
05/21/2015 1881s
05/21/2015 1885s
24June2015… 2122CofC
2015 SESSION
05/10
HOUSE BILL 364
AN ACT relative to renewal fees administered by the office of professional licensing, the salt applicator certification program, and pesticide product registration requirements.
SPONSORS: Rep. Abrami, Rock 19; Rep. C. McGuire, Merr 29
COMMITTEE: Executive Departments and Administration
This bill:
I. Authorizes the office of professional licensing to establish a June 30 billing and license renewal cycle for each profession and occupation administered by the office.
II. Establishes a 2-year license, rather than an annual license, for hearing aid dealers, practitioners of body art, podiatrists, funeral directors and embalmers, and optometrists.
III. Authorizes the commissioner of the department of environmental services to adopt rules establishing fees to cover the cost of the salt applicator certification program, establishes a salt application fund, and requires all fees collected to be deposited in the salt application fund.
IV. Requires fees for pesticide product registration to be adopted by administrative rule and increases the percentage of such fees to be deposited into the integrated pest management fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/30/2015 1272s
05/21/2015 1881s
05/21/2015 1885s
24June2015… 2122CofC
15-0054
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to renewal fees administered by the office of professional licensing, the salt applicator certification program, and pesticide product registration requirements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Office of Professional Licensing. Amend RSA 126-A:10-a, I-a(a) to read as follows:
(a) The office of professional licensing shall assess [an annual license and renewal fee of either $55 or $150, or] a biennial license and renewal fee of $110 or $300[,] for each professional regulatory board, council, or profession subject to the provisions of this section. The office shall establish a June 30 billing and license renewal cycle for each license administered by the board and may prorate the initial license fee to coincide with the June 30 license renewal date. This subparagraph shall not apply to the board of dental examiners under RSA 317-A; the office of licensed allied health professionals under RSA 328-F; or the board of mental health practice under RSA 330-A.
2 Hearing Aid Dealer; License and Renewal Fee. Amend RSA 137-F:8 to read as follows:
137-F:8 Registration of Hearing Aid Dealers Required. No person shall engage in the business of selling or offering for rent hearing aids unless such person is registered in accordance with this chapter and unless the registration of such person is current and valid. The fee for an initial registration under this section is [$150] $300. This section includes the selling or renting of hearing aids by mail in this state by a person outside the state. Registration certificates shall be renewed [annually] biennially on or before June 30 upon payment of a [$150] $300 renewal fee.
3 Body Art; License and Renewal Fee. Amend RSA 314-A:2, II to read as follows:
II. The fee for an initial license and a renewal license shall be [$55] $110. The license shall be [valid for one year from the date of issuance] renewed biennially on or before June 30 upon payment of the $110 renewal fee.
4 Podiatrist; License Fee. Amend RSA 315:8, I to read as follows:
I. The board shall issue a license to applicants who have submitted a complete application, paid a [$150] $300 license fee, achieved a satisfactory examination score, and satisfied all other criteria of competence and professional character required by this chapter.
5 Podiatrist; License and Renewal Fee. Amend RSA 315:11, I to read as follows:
I. Every person licensed to practice under this chapter shall apply to the board [on an annual basis] biennially on or before June 30 for renewal of license on forms provided by the board and shall pay a [$150] $300 renewal fee. As a condition of renewal of license, each licensee shall show proof of having completed the continuing education units as required in rules adopted by the board.
6 Chiropractor; License. Amend RSA 316-A:19 to read as follows:
316-A:19 [Expiration of Licenses] Initial License and License Renewals. The fee for an initial license and license renewal issued under this chapter shall be $300. All licenses and renewals issued under the provisions of this chapter shall expire on July 1 in each odd numbered year.
7 Funeral Directors and Embalmers; License and Renewal Fee. Amend RSA 325:12-a to read as follows:
325:12-a Fees. The fee for an initial [annual] 2-year license and for renewal of [an annual] a license issued under this chapter shall be: [$55] $110 for embalmers [and apprentices] and [$150] $300 for funeral directors. The board shall establish fees for examination of applicants, for apprentices, for funeral home inspections, and for transcribing and transferring records and other services.
8 Funeral Directors and Embalmers; License. Amend RSA 325:25, I to read as follows:
I. Every person licensed to practice under this chapter, except as provided in RSA 325:29, shall apply to the board every 2 years for [annual] license renewal. The board shall require each licensee to show proof of meeting the continuing education requirement of RSA 325:28-a within the preceding year. Payment shall be made to the board secretary of the renewal fee established in RSA 325:12-a.
9 Dietitians; Renewal Fee. Amend RSA 326-H:14, II to read as follows:
II. All licenses issued by the board [shall be valid for 2 years from the date of issuance and] shall be renewed biennially or reissued pursuant to rules adopted and upon payment of a $110 license renewal fee. The board shall cause notification of impending license expiration to be sent to each licensed person at least 60 days prior to the expiration of the license. Licenses shall continue as valid until final action is exercised by the board on an application for renewal, provided that the application is filed before the expiration date of the license.
10 Optometrists; License. Amend RSA 327:6 to read as follows:
327:6 Licenses; Qualifications. No person, except as otherwise provided in this chapter, shall practice optometry without a license. The board shall not issue a license to any applicant until the person has passed an examination approved by the board, and has presented satisfactory evidence in the form of affidavits properly sworn to, that the person is over 18 years of age and of good moral character, has completed a minimum of 2 years at a college of arts and sciences and has graduated from a school or college of optometry approved by the board, maintaining a minimum of 4 years in optometric training. Persons who submit an application which demonstrates that they meet the eligibility requirements of this chapter and any rules adopted by the board pursuant to RSA 541-A, and pay the [$150] $300 licensing fee, shall be licensed by the board.
11 Optometrists; License and Renewal Fee. Amend RSA 327:13, I and II to read as follows:
I. All licenses issued under this chapter shall [automatically expire on July 1 of each year, unless an application for renewal of the license is received by the board on or before that date along with the $150] be renewed biennially on or before June 30 upon payment of a $300 license renewal fee.
II. Before May 1 of [each] the year in which the license expires, the board shall mail to every optometrist licensed in the state an application for renewal addressed to the post office address provided by the applicant.
12 Ophthalmic Dispensers. Amend RSA 327-A:7 to read as follows:
327-A:7 Application and Registration Fees. Every application for a certificate of registration for ophthalmic dispensing shall be accompanied by a non-refundable registration fee of $110. Upon approval of the application by the commissioner, the applicant shall be issued a certificate of registration for ophthalmic dispensing, [to be valid for 2 years] which shall be renewed biennially on or before June 30 upon payment of the renewal fee. The fee for renewal of any certificate of registration shall be $110.
13 Massage Therapists; License Renewal. Amend RSA 328-B:7 to read as follows:
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall [expire 2 years after the date of issue. License renewals shall be granted] be renewed biennially on or before June 30 upon approval of the commissioner of the renewal application and submission of the required $110 renewal fee.
14 Reflexology; License Renewal. Amend RSA 328-H:9, II to read as follows:
II. All licenses issued pursuant to this chapter [shall expire 2 years after the date of issuance. License renewals shall be granted] shall be renewed biennially on or before June 30 upon approval by the department of the renewal application and submission of the required $110 renewal fee.
15 Acupuncture License Renewal Fee. Amend RSA 328-G:9, IX to read as follows:
IX. All licenses issued by the board [shall be valid for 2 years from the date of issuance and] shall be renewed biennially on or before June 30 or reissued pursuant to rules adopted, and upon payment of a $110 renewal fee.
16 Psychologists; Fees. Amend RSA 329-B:12, I to read as follows:
I. The fee for an initial license [and for a renewal license] shall be $300. The license shall be [valid for 2 years from the date of issuance] renewed biennially on or before June 30 upon payment of a $300 renewal fee.
17 Alcohol and Drug Counselors. Amend RSA 330-C:8, I to read as follows:
I. The board shall charge licensed alcohol and drug counselors, licensed clinical supervisors, and certified recovery support workers a $110 fee for the issuance of an initial license or certificate, and $110 for the renewal of a license or certificate under this chapter. The fee for a master licensed alcohol and drug counselor shall be $300 and the renewal fee shall be $300. All licenses [and renewals under this paragraph shall be valid for 2 years from the date of issuance] shall be renewed biennially on or before June 30 upon payment of the license renewal fee. In addition the board shall establish by rule fees for license and certificate applications, late renewal, and reinstatement of all licenses and certifications authorized by this chapter.
18 Applicability. The license renewal date for any license administered by the office of professional licensing pursuant to RSA 126-A:10-a, I-a that is valid on the effective date of this section may be extended or truncated to coincide with the June 30 license renewal cycle established by the office for that profession or occupation. In such cases, the license renewal fee shall be prorated.
19 New Paragraph; Salt Applicators; Rulemaking. Amend RSA 489-C:3 by inserting after paragraph V the following new paragraph:
VI. Establishing and collecting fees to cover the cost of program implementation.
20 New Paragraph; Salt Application Fund. Amend RSA 489-C:5 by inserting after paragraph III the following new paragraph:
IV. There is hereby established a salt application fund. This nonlapsing fund shall be continually appropriated to the department and used to administer the salt applicator certification program under this chapter. Certification fees collected by the department shall be deposited with the state treasurer to the credit of such fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund. No funds from the general fund shall be used to cover the cost of the salt applicator certification program.
21 New Subparagraph; Salt Application Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (326) the following new subparagraph:
(327) Moneys deposited in the salt application fund established in RSA 489-C:5, IV.
22 Insect Pests and Plant Diseases; Pesticide Product Registration. RSA 430:38, III is repealed and reenacted to read as follows:
III.(a) The registrant shall pay an annual fee for each pesticide registered as follows:
(1) A restricted use pesticide.
(2) A general use pesticide, other than a specialty/household pesticide.
(3) A specialty/household pesticide.
(b) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the amount of the fees charged under subparagraph (a). Until such rules are adopted, the fees under subparagraph (a) shall be the same as the fees which were in effect on June 30, 2015.
23 Insect Pests and Plant Diseases; Integrated Pest Management Program. Amend RSA 430:50, II to read as follows:
II. There is established a nonlapsing fund to be known as the integrated pest management fund. [Ten] Twenty-five percent of the pesticide registration fees collected under RSA 430:38, III shall be deposited in the fund. The fund shall only be used to support the purposes of the integrated pest management program. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.
24 Effective Date. This act shall take effect July 1, 2015.
LBAO
15-0054
Amended 06/02/15
HB 364 FISCAL NOTE
AN ACT relative to renewal fees administered by the office of professional licensing, the salt applicator certification program, and pesticide product registration requirements.
FISCAL IMPACT:
The Departments of Agriculture, Markets and Food and Environmental Services state this bill, as amended by the Senate (Amendments #2015-1881s and #2015-1885s), will increase state revenue by $494,600 in FY 2016 and $549,200 in FY 2017 and each year thereafter, and increase state expenditures by $49,508 in FY 2016, $92,480 in FY 2017, $96,461 in FY 2018, and $100,595 in FY 2019. There will be no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Departments of Agriculture Markets and Food states this bill: (1) changes the license renewal cycle for each profession and occupation administered by the Office of Professional Licensing; (2) authorizes the Department of Environmental Services to adopt rules establishing fees to cover the cost of the salt applicator certification program and establishes the salt application fund which, is non-lapsing and continually appropriated, into which salt applicator fee revenue shall be deposited; and (3) requires the Department of Agriculture Markets and Food to adopt rules establishing the amount of fees relative to pesticide product registration and increase the percentage of such fees deposited into the non-lapsing integrated pest management fund from 10% to 25%.
The Department of Agriculture, Markets and Food estimates it will register 11,000 pesticide products in FY 2015 at $120 per product. The Department is scheduled to raise the current fee from $120 to $160 for FY 2016. The $40 fee increase and the increase in the percent of revenue to the integrated pest management fund from 10% to 25% will result in general fund revenue increasing by $132,000 each year and integrated pest management fund revenue increasing by $308,000 each year. The Department anticipates the following fiscal impact:
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
Fee Rate
$120
$160
$160
$160
$160
Revenue (11,000 products * Fee Rate)
$1,320,000
$1,760,000
$1,760,000
$1,760,000
$1,760,000
Deposited in General Fund
$1,188,000
$1,320,000
$1,320,000
$1,320,000
$1,320,000
Deposited in Integrated Pest Management Fund
$132,000
$440,000
$440,000
$440,000
$440,000
The Department of Environmental Services states it will charge $150 master salt applicator license fee and $50 for operators working under the supervision of a master license holder. The Department assumes it will take six months to hire a Program Specialist IV and an intern to administer the program. The Department estimates the following fiscal impact on revenue assuming the program is fully staffed on January 1, 2016:
FY 20161
FY 2017
FY 2018
FY 2019
637 Master Licenses (637*$150)
$47,775
$95,550
$95,550
$95,550
273 Subordinate Licenses (273*$50)
$6,825
$13,650
$13,650
$13,650
Total
$54,600
$109,200
$109,200
$109,200
1 The Department assumes revenues in FY 2016 will be 50% of future years because it does not anticipate hiring staff until January 1, 2016.
The Department estimates the cost of a Program Specialist IV and an Intern, who will work 10 weeks a year, to administer the program will be:
FY 20161
FY 2017
FY 2018
FY 2019
Program Specialist IV (LG25) Salary
$23,751
$49,589
$51,773
$54,035
Benefits
$13,139
$27,768
$29,349
$31,018
Intern Salary (LG8)
$2,327
$4,654
$4,841
$5,029
Benefits
$178
$356
$385
$400
Total Salary and Benefits:
$39,395
$82,367
$86,348
$90,482
Current Expense:
$2,000
$2,000
$2,000
$2,000
Office Space
$3,413
$3,413
$3,413
$3,413
OIT costs
$4,200
$4,200
$4,200
$4,200
Travel
$500
$500
$500
$500
Total Other Expenses
$10,113
$10,113
$10,113
$10,113
Total Expenditures:
$49,508
$92,480
$96,461
$100,595
1 The Department assumes salary and benefit expenditures in FY 2016 will be 50% of future years because it anticipates it will take six months to hire a Program Specialist IV and an Intern for the program.
The Department states it does not have data on the costs associated with local expenditures on the program. Some communities may choose to have their operators certified but the number is uncertain. Other communities may choose to require that only certified operations may operate as subcontractors which may have local cost implications.
The Department of Health and Human Services states this bill only changes the frequency for licenses for each profession and occupation administered by the Office of Professional Licensing and does not result in additional costs or savings.