HB 337-FN - FINAL VERSION
14Feb2023... 0180h
05/18/2023 1908s
2023 SESSION
23-0077
06/04
HOUSE BILL 337-FN
SPONSORS: Rep. Merchant, Sull. 6; Rep. Ulery, Hills. 13; Rep. C. McGuire, Merr. 27; Rep. Rochefort, Graf. 1; Rep. Cushman, Hills. 28; Sen. Carson, Dist 14; Sen. Prentiss, Dist 5
COMMITTEE: Executive Departments and Administration
─────────────────────────────────────────────────────────────────
AMENDED 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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Feb2023... 0180h
05/18/2023 1908s 23-0077
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
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-A:1-d 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 with 7 calendar days of the public meeting. This section shall not apply to emergency meetings conducted pursuant to RSA 91-A:2; emergency hearings conducted pursuant to RSA 541-A:30, III; and disciplinary and non-disciplinary adjudicative or remedial proceedings conducted by boards, councils, and commissions within the office of professional licensure and certification.
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. This section shall not apply to emergency hearings conducted pursuant to RSA 541-A:30, III; and disciplinary and non-disciplinary remedial proceedings conducted by boards, councils, and commissions within the office of professional licensure and certification.
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 section shall not apply to emergency hearings conducted pursuant to RSA 541-A:30, III; and disciplinary and non-disciplinary remedial proceedings conducted by boards, councils, and commissions within the office of professional licensure and certification.
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.
3 Effective Date. This act shall take effect 60 days after its passage.
VETOED August 8, 2023
23-0077
Revised 2/28/23
Amended 2/15/23
HB 337-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0180h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Up to $94,000 | Up to $99,000 | Up to $102,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund | |||
|
|
|
|
|
METHODOLOGY:
This bill requires all boards, councils, and commission within the Office of Professional Licensure and Certification to provide notice of public meetings no less than 14 days prior to meetings, material from the meetings to be shared no less than seven days prior to the meeting, as well as an opportunity for comments from the public and written comments on matters before the board, council, or commission from the public.
The Office of Professional Licensure and Certification (OPLC) states this bill creates new obligations for all boards, councils and commissions within the OPLC allowing comments from the public, both in person and remote, as well as accepting written comments on pending decisions. The OPLC states the amendment creates different standards for boards, councils, and commissions than other governing public bodies under RSA 91-A. The OPLC indicates the new requirements and obligations could be significant administrative work to the boards, councils and commissions. The OPLC states if they are required to review all materials before they are made public as an administrative service to the boards, councils, and commissions the OPLC would require one additional Attorney II level position to ensure proper experience, costing around $94,000 in their first year of hiring, assuming the individuals are hired at labor grade 28, step 1 with an assumed increase in steps and pay each year. The OPLC notes they may need clarity on the interpretations of emergency hearings under RSA 541-A:30, III and how it interacts with RSA 91-A:5 as there does not appear to be a carve out for emergency hearings governed by RSA 91-A:5.
It is assumed any fiscal impact from this bill will not occur until FY 2024.
This bill does not establish or provide an appropriation for new positions.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
| Date | Amendment |
|---|---|
| Feb. 9, 2023 | 2023-0180h |
| May 17, 2023 | 2023-1908s |
| Date | Body | Type |
|---|---|---|
| Jan. 19, 2023 | House | Hearing |
| Feb. 8, 2023 | House | Exec Session |
| Feb. 8, 2023 | House | Exec Session |
| Feb. 8, 2023 | House | Floor Vote |
| March 20, 2023 | House | Exec Session |
| March 21, 2023 | House | Floor Vote |
| April 26, 2023 | Senate | Hearing |
| May 18, 2023 | Senate | Floor Vote |
| June 1, 2023 | Senate | Floor Vote |
Oct. 26, 2023: Sen. Birdsell Moved to suspend all rules necessary to permit the consideration of SR 11 at the present time; 2/3 necessary, MA, VV; 10/26/2023; SJ 21
Oct. 26, 2023: Notwithstanding the Governor's Veto, Shall HB 337 Become Law: RC 12Y-11N, Veto Sustained, lacking the necessary two-thirds vote; 10/26/2023; SJ 21
Oct. 26, 2023: Veto Overridden 10/26/2023: RC 251-104 by Required Two-Thirds Vote HJ 18 P. 11
Aug. 10, 2023: Vetoed by Governor Sununu 08/08/2023 HJ 17
July 28, 2023: Enrolled (in recess of) 06/29/2023 HJ 17 P. 18
July 27, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
June 15, 2023: House Concurs with Senate Amendment 2023-1908s (Reps. C. McGuire, Weyler): MA VV 06/15/2023 HJ 16 P. 2
June 1, 2023: Ought to Pass: MA, VV; OT3rdg; 06/01/2023; SJ 16
May 23, 2023: Committee Report: Ought to Pass, 06/01/2023; SC 24
May 18, 2023: Ought to Pass with Amendment 2023-1908s, MA, VV; Refer to Finance Rule 4-5; 05/18/2023; SJ 15
May 18, 2023: Committee Amendment # 2023-1908s, AA, VV; 05/18/2023; SJ 15
May 17, 2023: Committee Report: Ought to Pass with Amendment # 2023-1908s, 05/18/2023; SC 22A
April 19, 2023: Hearing: 04/26/2023, Room 103, SH, 09:00 am; SC 19
April 11, 2023: Introduced 03/30/2023 and Referred to Executive Departments and Administration; SJ 13
April 6, 2023: Ought to Pass: MA RC 387-0 04/06/2023 HJ 12 P. 202
March 21, 2023: Committee Report: Ought to Pass 03/21/2023 (Vote 25-0; RC)
March 16, 2023: Executive Session: 03/20/2023 01:00 pm LOB 210-211
Feb. 23, 2023: Division Work Session: 03/03/2023 10:30 am LOB 212
Feb. 16, 2023: Division Work Session: 02/21/2023 10:30 am LOB 212
Feb. 14, 2023: Referred to Finance 02/14/2023 HJ 5
Feb. 14, 2023: Ought to Pass with Amendment 2023-0180h: MA VV 02/14/2023 HJ 5
Feb. 14, 2023: Amendment # 2023-0180h: AA VV 02/14/2023 HJ 5
Feb. 9, 2023: Committee Report: Ought to Pass with Amendment # 2023-0180h 02/08/2023 (Vote 20-0; CC) HC 11 P. 7
Feb. 2, 2023: Executive Session: 02/08/2023 01:00 pm LOB 306-308
Feb. 2, 2023: Executive Session: 02/08/2023 01:00 pm LOB 306-308
Jan. 24, 2023: Subcommittee Work Session: 01/27/2023 10:30 am LOB 306-308
Jan. 11, 2023: Public Hearing: 01/19/2023 10:45 am LOB 306-308
Jan. 9, 2023: Introduced (in recess of) 01/05/2023 and referred to Executive Departments and Administration HJ 3 P. 12