Bill Text: NH SB531 | 2018 | Regular Session | Amended
Bill Title: Relative to the office of professional licensure and certification.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2018-06-29 - Signed by the Governor on 06/25/2018; Chapter 0330; Effective 07/01/2018 [SB531 Detail]
Download: New_Hampshire-2018-SB531-Amended.html
SB 531-FN - AS AMENDED BY THE HOUSE
12Apr2018... 1272h
26Apr2018... 1591h
2018 SESSION
18-2744
10/03
SENATE BILL 531-FN
AN ACT relative to the office of professional licensure and certification.
SPONSORS: Sen. Reagan, Dist 17; Rep. McGuire, Merr. 29
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill provides for the office of professional licensure and certification to establish by rule and collect the fees for boards and commissions administered by the office, and to deposit the fees collected in the office of professional licensure and certification fund for payment of the costs and salaries of the office.
This bill is a request of the office of professional licensure and certification.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Apr2018... 1272h
26Apr2018... 1591h 18-2744
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the office of professional licensure and certification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Office of Professional Licensure and Certification; Administration; Fees. Amend RSA 310-A:1-d, II(f) and (g) to read as follows:
(f) Supervision, coordination, and assistance to the boards, commissions, and councils in rulemaking, pursuant to RSA 541-A; [and]
(g) Maintaining the confidentiality of information, documents, and files in accordance with RSA 91-A[.];
(h) Establishing by rule, pursuant to RSA 541-A:
(1) All fees authorized by statute for all boards, commissions, and councils within the office of professional licensure and certification, in consultation with the affected boards, commissions, and councils on a biennial basis in conjunction with the preparation of the biennial budget; and
(2) Such organizational and procedural rules necessary to administer the boards, commissions, and councils in the office of professional licensure and certification, including rules governing the administration of complaints and investigations, payment processing procedures, and application procedures; and
(i) Submitting, by November 1, to the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate executive departments and administration committees, and the governor, an annual report summarizing the transactions of the preceding fiscal year and a complete statement of the receipts and expenditures of the office of professional licensure and certification. Such report shall satisfy the requirements for any annual or biennial report imposed by statute on any board, commission, or council administered by the office of professional licensure and certification. The report shall be posted on the website of the office of professional licensure and certification immediately upon submission.
2 Continuation of Existing Administrative Rules. All board, commission, and council organizational and procedural rules and rules addressing fees, that are in effect on the effective date of this act, shall remain in effect until they expire or new rules repealing or amending them are adopted by the executive director under RSA 310-A:1-d or RSA 310-A:1-e as amended by this act.
3 Fees; Office of Professional Licensure and Certification RSA 310-A:1-e is repealed and reenacted to read as follows:
310-A:1-e Fees.
I.(a) The executive director of the office of professional licensure and certification shall assess annual or biennial license, certification, and renewal fees, as well as any necessary administrative fees for each professional regulatory board, council, or commission administered by the office.
(b) There is hereby established the office of professional licensure and certification fund into which the fees collected under subparagraph (a) shall be deposited. The fund shall be a separate, nonlapsing fund, continually appropriated to the office for the purpose of paying all costs and salaries associated with the office.
II. The rulemaking authority of the boards, commissions, and councils administered by the office of professional licensure and certification relative to fees is hereby transferred to the executive director of the office of professional licensure and certification to adopt such rules establishing fees on behalf of each board, commission, or council. Nothing in this section shall affect the authority of professional regulatory boards, commissions, and councils in the office of professional licensure and certification from exercising the other powers, duties, functions, and responsibilities granted by statute.
4 New Subparagraph; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (339) the following new subparagraph:
(340) Moneys deposited in the office of professional licensure and certification fund established in RSA 310-A:1-e.
5 Tanning Facility; Fees. Amend RSA 313-A:29 to read as follows:
313-A:29 Registration Fee Required. No person shall operate a tanning facility without paying an annual registration fee established by the board. Registration fees received from each tanning facility shall be deposited into the [general fund] office of professional licensure and certification fund.
6 Fees; Electricians. Amend RSA 319-C:6-b to read as follows:
319-C:6-b Fees. The board shall establish application fees for examination of applicants, fees for licensure, for renewal, and for late renewal of licenses to practice under this chapter, and for transcribing and transferring records and other services. The fee for examination shall not include fees charged by and paid to an examination entity approved by the board. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply. Fees collected shall be deposited in the [general fund as unrestricted revenue] office of professional licensure and certification fund.
7 Fees; Nursing. Amend RSA 326-B:6 to read as follows:
326-B:6 Collection and Expenditure of Funds. The office of professional licensure and certification shall receive and expend funds provided such funds are received and expended for the pursuit of the objectives authorized by this chapter. Fees[,] collected shall be deposited in the office of professional licensure and certification fund. Fines[,] and administrative charges, including those related to RSA 326-B:26, shall be deposited in the general fund.
8 Fees; Family Mediators. Amend RSA 328-C:11, II to read as follows:
II. The fees established by the board shall recover revenues equal to 125 percent of the direct operating expenses of the board for the previous year or the full cost of the board for the previous year, including the cost of support and administrative services provided by other agencies, whichever is greater. Fees collected under this chapter shall be deposited in the [general fund] office of professional licensure and certification fund.
9 Fees; Allied Health Professionals. Amend RSA 328-F:12, IV to read as follows:
IV. The office of professional licensure and certification shall receive and account for all moneys taken in by the governing boards pursuant to their respective practice acts, and shall [pay such] deposit all fees collected in the office of professional licensure and certification fund and shall pay all other moneys [to the state treasurer] to be deposited into the general fund.
10 Fees; Psychologists. Amend RSA 329-B:11 to read as follows:
329-B:11 Receipts and Disbursements. The board shall receive and account for all fees under the provisions of this chapter, and shall pay such moneys [to the state treasurer] to be deposited in the [general fund] office of professional licensure and certification fund.
11 Effective Date. This act shall take effect July 1, 2018.
18-2744
Amended 4/17/18
SB 531-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-1272h)
AN ACT relative to the office of professional licensure and certification.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | ($10,845,101) | Indeterminable | Indeterminable | Indeterminable |
Expenditures | ($7,221,702) | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill authorizes the Office of Professional Licensure and Certification (OPLC) to establish fees in accordance with RSA 541-A for all boards, commissions and councils administered by the OPLC and to collect such fees for deposit into a separate, nonlapsing fund, continually appropriated to the office for the purpose of paying all costs and salaries associated with the OPLC. The OPLC indicates current General Fund unrestricted revenue would become restricted revenue and deposited into the newly created OPLC fund to pay OPLC expenditures beginning in FY 2019. The OPLC projects revenue and expenditures will increase by 2 percent for FY 2020 and annually thereafter.
The Department of Administrative Services indicates there would be no impact for FY 2018 but the reduction in General Fund revenue for FY 2019 would exceed the budgeted General Fund expenditures by approximately $3.6 million. The Department indicated estimating revenue and expenditures for FY 2020 and beyond will be impacted by the number of licenses issued, type of license, cost of license, and staffing needs. Therefore the actual revenue and expenditure impact beyond FY 2019 is indeterminable.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification and Department of Administrative Services
