Revision: Feb. 28, 2023, 9:59 a.m.
HB 337-FN - AS AMENDED BY THE HOUSE
14Feb2023... 0180h
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
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Feb2023... 0180h 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 days prior to the meeting. All materials distributed to the board, council, or commission for the meeting shall be available to the public no less than 7 days prior to the meeting, provided the materials do not contain information exempt from disclosure under RSA 91-A:5. The chair of the board, council, or commission shall be permitted to add items to the agenda within 7 days of a meeting if, in the chair’s discretion, the public’s interest in the board addressing the matter outweighs the public’s interest in timely access to materials associated with the new agenda item. In such circumstances, materials shall be made 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, enough paper copies shall be made available at the meeting location prior to the start of the meeting.
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.
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.
2 Effective Date. This act shall take effect 60 days after its passage.
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
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| 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 | |||
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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