SB 369-FN-A - AS AMENDED BY THE SENATE
01/18/2024 0104s
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/2024 0104s 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 unless, the chair of the board deems it prudent to hold a public meeting without sufficient notice under this section. In such instances, meetings shall be noticed in accordance with RSA 91-A. 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 within 7 calendar days of the public meeting or in accordance with RSA 91-A when the chair deems it prudent to hold a public meeting without sufficient notice under this section. 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; 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
Amended 1/29/24
SB 369-FN-A- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-0104s)
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 changes requirements for public meeting notices by boards supervised by the Office of Professional Licensure and Certification (OPLC). Boards will be required to post meeting information at least 14 days prior to the meeting (with some exceptions), make records available 7 days prior to the meeting, allows the chair to add agenda items within these time frames, and mandates that the boards offer opportunities for verbal and written public comments at meetings. This bill also establishes an Attorney II position at labor grade 28 and appropriates funds from the OPLC Fund for this purpose. The salary and benefit costs for this position are estimated at $106,000 for 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.
It is assumed the fiscal impact from this bill will occur in FY 2025.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
| Date | Amendment |
|---|---|
| Jan. 11, 2024 | 2024-0104s |
| April 24, 2024 | 2024-1575h |
| Date | Body | Type |
|---|---|---|
| Jan. 3, 2024 | Senate | Hearing |
| Jan. 18, 2024 | Senate | Floor Vote |
| Jan. 3, 2024 | Senate | Hearing |
| Jan. 18, 2024 | Senate | Floor Vote |
| Feb. 8, 2024 | Senate | Floor Vote |
| April 3, 2024 | House | Hearing |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Exec Session |
| April 23, 2024 | House | Floor Vote |
April 24, 2024: Committee Report: Ought to Pass with Amendment # 2024-1575h 04/23/2024 (Vote 20-0; CC)
April 15, 2024: Executive Session: 04/23/2024 11:00 am LOB 306-308
April 16, 2024: Subcommittee Work Session: 04/17/2024 10:00 am LOB 302-304
April 15, 2024: Executive Session: 04/23/2024 11:00 am LOB 306-308
March 27, 2024: Public Hearing: 04/03/2024 01:15 pm LOB 306-308
Feb. 29, 2024: Introduced (in recess of) 02/22/2024 and referred to Executive Departments and Administration HJ 6
Feb. 8, 2024: Ought to Pass: MA, VV; OT3rdg; 02/08/2024; SJ 3
Jan. 31, 2024: Committee Report: Ought to Pass, 02/08/2024, Vote 7-0; SC 6
Jan. 18, 2024: Ought to Pass with Amendment 2024-0104s, MA, VV; Refer to Finance Rule 4-5; 01/18/2024; SJ 2
Jan. 18, 2024: Committee Amendment # 2024-0104s, AA, VV; 01/18/2024; SJ 2
Jan. 11, 2024: Committee Report: Ought to Pass with Amendment # 2024-0104s, 01/18/2024; Vote 5-0; CC; SC 3
Dec. 18, 2023: Hearing: 01/03/2024, Room 103, SH, 01:00 pm; SC 49
Jan. 11, 2024: Committee Report: Ought to Pass with Amendment # 2024-0104s, 01/18/2024; Vote 5-0; CC; SC 3
Dec. 18, 2023: Hearing: 01/03/2024, Room 103, SH, 01:00 pm; SC 49
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Executive Departments and Administration; SJ 1
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Executive Departments and Administration; SJ 1