Revision: July 10, 2020, 12:45 p.m.
HB 1240 - VERSION ADOPTED BY BOTH BODIES
11Mar2020... 0556h
06/29/2020 1603s
30Jun2020... 1627EBA
2020 SESSION
20-2513
05/06
HOUSE BILL 1240
SPONSORS: Rep. Prudhomme-O'Brien, Rock. 6; Rep. Migliore, Graf. 9; Rep. Lang, Belk. 4; Rep. Marzullo, Hills. 2; Rep. B. Griffin, Hills. 6; Rep. Klein-Knight, Hills. 11
COMMITTEE: Criminal Justice and Public Safety
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill:
I. Amends the definition of sexual contact in the criminal sexual assault statutes.
II. Expands the elements of the crime of felonious sexual assault and aggravated sexual assault to include sexual contact between school employees and students, and to include circumstances when the actor is in a position of authority over a victim who is between 13 and 18 years of age.
III. 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.
IV. Modifies requirements for renewal of pharmacy licenses.
V. Expands the professions in the allied health governing boards which grant temporary licensure to licensees from other states.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2020... 0556h
06/29/2020 1603s
30Jun2020... 1627EBA 20-2513
05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sexual Assault and Related Offenses; Definition of Sexual Contact. Amend RSA 632-A:1, IV to read as follows:
IV. "Sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched.
2 New Paragraph; Sexual Assault and Related Offenses; Definition of Student Added. Amend RSA 632-A:1 by inserting after paragraph V the following new paragraph:
V-a. "Student" means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any “adult student” as defined in department of education rules at any school or education institution, except as otherwise provided in the New Hampshire Rules for the Education of Children with Disabilities.
3 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(k) to read as follows:
(k)(1) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim [and uses this authority to coerce the victim to submit] and is more than 4 years older than the victim.
(2) When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student’s graduation or departure.
(3) Consent of the victim under any of the circumstances set forth in subparagraph (k) shall not be considered a defense.
4 Felonious Sexual Assault. Amend RSA 632-A:3, III to read as follows:
III.(a) Engages in sexual contact with a person:
(1) Other than his or her legal spouse who is under 13 years of age.
(2) Thirteen years of age or older and under 18 years of age when the actor is in a position of authority over the victim and is more than 4 years older than the victim.
(3) When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student’s graduation or departure.
(b) Consent of the victim under any of the circumstances set forth in subparagraph (a) shall not be considered a defense.
5 Repeal. The following are repealed:
I. RSA 632-A:3, IV(c), relative to a definition of sexual contact for purposes of the crime of felonious sexual assault.
II. RSA 632-A:4, III(c), relative to a definition of sexual contact for purposes of the crime of sexual assault.
6 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.
7 Pharmacy Board; Permit; Fees. Amend RSA 318:38, II to read as follows:
II. All pharmacy permits shall expire when there is a change of ownership of the pharmacy or at midnight on December 31 biennially in each odd-numbered year for odd-numbered licenses or on December 31 of each even-numbered year for even-numbered licenses. Every pharmacy that wishes to continue to operate as such shall renew its permit no later than December [15 biennially in odd-numbered years] 31 of the renewal year according to license number or immediately when the permit expires for any other reason. It shall be deemed a violation of the provisions of this chapter for any pharmacy to be open or operated beyond the expiration date of its permit.
8 New Section; Office of Professional Licensure and Certification. Temporary Licensing Process. Amend RSA 310-A by inserting after section 1-e the following new section:
310-A:1-f Temporary Licensing Process; Rulemaking. Notwithstanding any other state law to the contrary, the office of professional licensure and certification shall be authorized to issue temporary licenses to out-of-state health care professionals who present evidence of an active license in good standing from another jurisdiction, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A. The rules shall contain the following provisions:
I. Health care professionals shall be defined as those individuals licensed by the boards, councils, and commissions within the division of health professions as set forth in RSA 310-A:1-a, II, with the exception of those licensed pursuant to RSA 314, RSA 314-A, RSA 313, RSA 328-B, and RSA 328-H.
II. The temporary licenses shall be valid for 120 days, or until the board, council, or commission takes action on an application for full licensure, whichever happens first.
III. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.
9 Findings; Electronic Signatures. On May 19, 2020, in response to the COVID-19 State of Emergency, Governor Sununu issued Exhibit H to Emergency Order #29. Exhibit H requires all boards, councils, or commissions administered by the office of professional licensure and certification to accept electronic signatures or scans of signed documents in addition to original signatures.
10 New Paragraph; Electronic Signatures. Amend RSA 310-A:1-d by inserting after paragraph II the following new paragraph:
III. Notwithstanding any other provisions of law to the contrary, for the performance of the administrative, clerical, and business processing responsibilities under paragraph II(b), all boards, councils, or commissions shall accept electronic signatures and scans of signed documents in addition to original signatures.
11 Allied Health Professionals; Temporary Licensure. Amend the introductory paragraph of RSA 328-F:18, VI to read as follows:
VI. Occupational therapists, occupational therapist assistants, recreational therapists, speech pathologists, respiratory care practitioners, athletic trainers, genetic counselors, physical therapists, and physical therapist assistants from the states of Connecticut, Rhode Island, Massachusetts, Maine, New York, and Vermont, who are currently licensed, shall be eligible for temporary licensure for 120 days while the person makes application for licensure to the respective governing board under this chapter. Temporary licensure shall not apply to an allied health governing board that is a member of an interstate licensure compact. An applicant for temporary licensure to practice, who is currently licensed or certified in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont, shall:
12 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(k) to read as follows:
(k)(1) When the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim [and uses this authority to coerce the victim to submit] and is more than 4 years older than the victim.
(2) When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student’s graduation or departure.
(3) Consent of the victim under any of the circumstances set forth in subparagraph (k) shall not be considered a defense.
13 Felonious Sexual Assault. Amend RSA 632-A:3, III to read as follows:
III.(a) Engages in sexual contact with a person:
(1) Who is under 13 years of age.
(2) Thirteen years of age or older and under 18 years of age when the actor is in a position of authority over the victim and is more than 4 years older than the victim.
(3) When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student’s graduation or departure.
(b) Consent of the victim under any of the circumstances set forth in subparagraph (a) shall not be considered a defense.
14 Contingency. If HB 705 of the 2020 regular legislative session becomes law, then sections 12 and 13 of this act shall take effect on January 1, 2021 and sections 3 and 4 of this act shall not take effect. If HB 705 of the 2020 regular legislative session does not become law, then sections 3 and 4 of this act shall take effect on January 1, 2021 and sections 12 and 13 of this act shall not take effect.
I. Sections 1, 2, and 5 of this act shall take effect January 1, 2021.
II. Sections 6 and 11 of this act shall take effect 60 days after its passage.
III. Sections 3, 4, 12, and 13 of this act shall take effect as provided in section 14 of this act.
IV. The remainder of this act shall take effect upon its passage.
20-2513
Amended 7/1/20
HB 1240- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2020-1603s)
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 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Other - Office of Professional Licensure and Certification Fund (RSA 310-A:1-e,I(b)) and Special fund for domestic violence programs (RSA 173-B:15) | |||
METHODOLOGY:
This fiscal note addresses only those sections with a fiscal impact.
Section 6 (special marriage officiant license)
This bill as amended 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 |
Section 7 (relative to the Board of Pharmacy)
This bill as amended establishes that pharmacy odd numbered licenses expire December 31st of each odd numbered year and the even numbered licenses expire December 31st of each even numbered year. Half of licensees will receive an extra year of licensing at no cost. Revenue will shift from every other year, to split evenly between two years. Furthermore, if this provision is passed the agency will continue to seek to amend its license fees through the administrative rule process. The term of such permits had been previously changed from an annual basis to a biennial basis in 2019 (Chapter 264:7). The corresponding administrative rules governing the amounts of the annual permit fees were not increased at that time to account for the change in license term, resulting in a biennial permit for the price of an annual permit, or half of what would be collected over a two year period. The OPLC reports that the loss of revenue due to the 2019 change in permit term was not anticipated and will negatively affect the projected lapse of revenue from the OPLC fund to the general fund in FY 2021 and in odd numbered fiscal years thereafter, however the bill as amended will restore the lost revenue as indicated:
FY 2020 FY 2021 FY 2022 FY 2023
Permit fees prior to Chapter 264:7, 2019 $785,000 $785,000 $785,000 $785,000
Current Law $785,000 $0 $785,000 $0
HB 1240 as amended - $392,250 $392,250 $392,250
HB 1240 as amended with contingent rule change $785,000 $785,000 $785,000
Sections 8-11 (temporary licensing process)
OPLC indicates the cost of implementing a temporary licensing process is indeterminable. At present, OPLC does not have fees for temporary licensure, but would have an indeterminable amount of expense as a result of staffing allocation to the processing.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification, Department of Health and Human Services, and Department of State