SB 369-FN-A - AS INTRODUCED
2024 SESSION
24-3027
09/10
SENATE BILL 369-FN-A
SPONSORS: Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill directs the office of professional licensure and certification to provide to the public notice of its meetings and an opportunity to comment in such meetings. This bill also establishes an attorney II position for 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3027
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Office of Professional Licensure and Certification; Notifications. Amend RSA 310:5 by inserting after paragraph V the following new paragraphs:
VI. All boards, councils, and commissions within the office of professional licensure and certification shall notify the public of any public meeting no less than 14 calendar days prior to the meeting. All governmental records, as defined in RSA 91-A:1-a, III, distributed to the board, council, or commission for the meeting shall be available to the public no less than 7 calendar days prior to the meeting, provided the governmental records do not contain information exempt from disclosure under RSA 91-A:5 or other applicable law. The chair of the board, council, or commission shall add items to the agenda within 7 calendar days of a meeting if, at the chair’s discretion, the public’s interest in the board addressing the matter outweighs the public’s interest in timely access to governmental records associated with the new agenda item. In such circumstances, governmental records shall be available to the public as soon as reasonably practicable. If it is not practicable to make available to the public at least one day prior to a meeting, then paper copies of governmental records associated with the new agenda item shall be available at the meeting location upon request, provided the governmental records to be considered have undergone legal review to identify information exempt from disclosure. In such instances, materials associated with the new agenda item shall undergo legal review and be made available to the public in accordance with RSA 91-A. This paragraph shall not apply to emergency meetings conducted pursuant to RSA 91-A:2; emergency hearings conducted pursuant to RSA 541-A:30, III or RSA 310:12, IV; disciplinary and non-disciplinary adjudicative or remedial proceedings conducted pursuant to RSA 310:10; and unlicensed practice hearings conducted pursuant to RSA 310:13.
VII. All boards, councils, and commissions within the office of professional licensure and certification shall provide an opportunity for comment from the public, virtually or in person, at public meetings, in a manner established by the board, council, or commission chair within 7 calendar days of the public meeting or in accordance with RSA 91-A when the chair deems a meeting must be held without sufficient notice under this section. This paragraph shall not apply to emergency hearings conducted pursuant to RSA 541-A:30, III or RSA 310:12, IV; disciplinary and non-disciplinary remedial proceedings conducted pursuant to RSA 310:10; licensing proceedings conducted pursuant to RSA 310:11; and unlicensed practice hearings conducted pursuant to RSA 310:13.
VIII. All boards, councils, and commissions within the office of professional licensure and certification shall provide an opportunity for the public to submit written comments on matters before the board, council, or commission. This paragraph shall not apply to emergency hearings conducted pursuant to RSA 541-A:30, III or RSA 310:12, IV; disciplinary and non-disciplinary remedial proceedings conducted pursuant to RSA 310:10; and unlicensed practice hearings conducted pursuant to RSA 310:13.
2 Office of Professional Licensure and Certification; New Classified Position; Appropriation.
I. One attorney II position, labor grade 28, is hereby established as a classified position in the office of professional licensure and certification.
II. The amount necessary to pay for the position established in paragraph I is hereby appropriated to the executive director of the office of professional licensure and certification. Salaries and necessary expenses shall be a charge against the office of professional licensure and certification fund in RSA 310:5.
3 Effective Date. This act shall take effect 60 days after its passage.
24-3027
Revised 12/13/23
SB 369-FN-A- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $106,000 | $109,000 | $113,000 | ||
Funding Source(s) | Office of Professional Licensure and Certification Fund | |||||
Appropriations | $0 | $106,000 | $109,000 | $113,000 | ||
Funding Source(s) | Office of Professional Licensure and Certification Fund | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] Yes • Does this bill authorize new positions to implement this bill? [X] Yes | ||||||
METHODOLOGY:
This bill sets rules for public meeting notices by boards supervised by the Office of Professional Licensure and Certification (OPLC). It mandates boards to post meeting information at least 14 days before, make records available 7 days prior, and allows the chair to add agenda items within that time frame. Additionally, it mandates boards to offer opportunities for verbal and written public comments at meetings, as outlined by the board’s discretion. Lastly, it establishes an Attorney II role at a labor grade 28 within the OPLC and appropriates funds from RSA 310:5, OPLC Fund, for this position.
The OPLC states salary and benefits cost for the Attorney II position, if hired at Step 1 in the beginning of FY 2025, is estimated to be $106,000 for the first year (FY 2025), $109,000 for FY 2026, and $113,000 for FY 2027, with subsequent annual increases. These figures may vary if the new hire begins at a step higher than step 1. As the funds are allocated and charged against the OPLC Fund, licensing fee revenue will be used to fund the position.
It is assumed the fiscal impact from this bill will occur in FY 2025.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification