SB 49-FN - AS AMENDED BY THE HOUSE
02/09/2023 0144s
4May2023... 1476h
2023 SESSION
23-0815
07/08
SENATE BILL 49-FN
AN ACT relative to creating a dedicated, non-lapsing fund, and a biennial report of such fund, for OPLC.
SPONSORS: Sen. Lang, Dist 2; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill makes the office of professional licensure and certification fund a nonlapsing fund, a portion of which shall be used for capital expenditures and to lower fees, and mandates a biennial report be made on the expenditures of the fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0144s
4May2023... 1476h 23-0815
07/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to creating a dedicated, non-lapsing fund, and a biennial report of such fund, for OPLC.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Office of Professional Licensure and Certification; Fees. Amend RSA 310-A:1-e, I(b) to read as follows:
(b) There is hereby established the office of professional licensure and certification fund into which the fees collected under subparagraph (a) shall be deposited. [After paying] The fund shall be nonlapsing and continually appropriated to the office of professional licensure and certification. Moneys in the fund shall be used to pay all costs and salaries associated with the office[, moneys in this fund shall lapse to the general fund at the close of each biennium], and any remaining funds shall be used for capital expenditures related to the operation of the office of professional licensure and certification. At the close of each biennium, any funds in excess of $3,000,000 shall be used [and] to reduce licensing and certification fees.
2 New Paragraph; Office of Professional Licensure and Certification; Fees; Biennial Fund Report. Amend RSA 310-A:1-e by inserting after paragraph III the following new paragraph:
IV. The office of professional licensure and certification shall report biennially by each July 1 on how the funds were expended over the previous biennium. The office shall forward the report to the president of the senate, the speaker of the house of representatives, the chairs of the house and senate executive departments and administration committees, the state library, the governor, and applicable boards, and shall make the report available online.
3 Effective Date. This act shall take effect upon its passage.
23-0815
Amended 5/9/23
SB 49-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-1476h)
AN ACT relative to creating a dedicated, non-lapsing fund, and a biennial report of such fund, for OPLC.
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 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund | |||
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METHODOLOGY:
This bill changes the Office of Professional Licensure and Certification fund from a lapsing fund, at the end of the biennium, to a nonlapsing fund with any funds in excess of $3,000,000 at the close of each biennium to be used to reduce licensing and certification fees. It also establishes a requirement for OPLC to report biennially on how OPLC funds were expended over the previous biennium.
The Office of Professional Licensure and Certification (OPLC) states this bill will not necessarily change the funding and expenditures to the State, but rather shift where the money ends up at the end of the biennium. Per this bill, the amount lapsed to the General Fund at the end of the biennium will decrease. OPLC indicates by not lapsing funds their office will be able to lower licensing and certification fees.
Since FY 2019, the OPLC has lapsed $3.3 million to $4.1 million back to the General Fund at the end of each fiscal year. Chapter 91, Laws of 2021, changed the laws to have the funds lapse at the end of the biennium starting with the FY 2022-2023 biennium. Based on the historical trends, the OPLC would be expected to lapse between $6.5 million to $8 million back to the General Fund at the end of this biennium. This bill would allow the OPLC to retain the funds, thus decreasing the amount to the General Fund.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2023 | Senate | Hearing |
| Feb. 9, 2023 | Senate | Floor Vote |
| March 9, 2023 | Senate | Floor Vote |
| April 5, 2023 | House | Hearing |
| April 26, 2023 | House | Exec Session |
| April 26, 2023 | House | Exec Session |
| April 26, 2023 | House | Exec Session |
| April 26, 2023 | House | Floor Vote |
| May 16, 2023 | House | Hearing |
| May 30, 2023 | House | Exec Session |
| May 30, 2023 | House | Floor Vote |
May 30, 2023: Committee Report: Ought to Pass 05/30/2023 (Vote 19-1; RC)
May 23, 2023: Executive Session: 05/30/2023 11:00 am LOB 202-204
May 10, 2023: Public Hearing: 05/16/2023 09:30 am LOB 202-204
May 4, 2023: Referred to Ways and Means 05/04/2023 HJ 13
May 4, 2023: Ought to Pass with Amendment 2023-1476h: MA VV 05/04/2023 HJ 13
May 4, 2023: Amendment # 2023-1476h: AA VV 05/04/2023 HJ 13
April 27, 2023: Committee Report: Ought to Pass with Amendment # 2023-1476h 04/26/2023 (Vote 19-0; CC)
April 19, 2023: Executive Session: 04/26/2023 02:00 pm LOB 306-308
April 19, 2023: Executive Session: 04/26/2023 02:00 pm LOB 306-308
April 12, 2023: Executive Session: 04/26/2023 02:00 pm LOB 306-308
March 28, 2023: Public Hearing: 04/05/2023 01:00 pm LOB 306-308
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Executive Departments and Administration
March 9, 2023: Ought to Pass: MA, VV; OT3rdg; 03/09/2023; SJ 9
Feb. 22, 2023: Committee Report: Ought to Pass, 03/09/2023; SC 12
Feb. 9, 2023: Ought to Pass with Amendment 2023-0144s, MA, VV; Refer to Finance Rule 4-5; 02/09/2023; SJ 6
Feb. 9, 2023: Committee Amendment # 2023-0144s, AA, VV; 02/09/2023; SJ 6
Jan. 26, 2023: Committee Report: Ought to Pass with Amendment # 2023-0144s, 02/09/2023; Vote 5-0; CC; SC 9
Jan. 12, 2023: Hearing: 01/18/2023, Room 103, SH, 09:45 am; SC 6
Jan. 12, 2023: Introduced 01/05/2023 and Referred to Executive Departments and Administration; SJ 4