Bill Text - SB485 (2024)

(Third New Title) requiring rules regarding criteria for military occupational specialties and relative to the penalty for false reports of suspected abuse and neglect made to the division for children, youth, and families.


Revision: May 20, 2024, 3:01 p.m.

SB 485-FN - AS AMENDED BY THE SENATE

 

03/07/2024   0823s

2024 SESSION

24-2905

11/08

 

SENATE BILL 485-FN

 

AN ACT enumerating the office of professional licensure and certification's processes and procedures for temporary occupational licensure for military service members and their spouses.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Soucy, Dist 18; Sen. Perkins Kwoka, Dist 21; Sen. Pearl, Dist 17; Rep. McGough, Hills. 12; Rep. Moffett, Merr. 4

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill enumerates the office of professional licensure and certification's processes and procedures, including issuance of a digitally verifiable license, certificate, or registration for temporary occupational licensure for military service members and their spouses.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024   0823s 24-2905

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT enumerating the office of professional licensure and certification's processes and procedures for temporary occupational licensure for military service members and their spouses.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Office of Professional Licensure and Certification; Military Service Members and Spousal Temporary Licensure.  Amend RSA 310:16 to read as follows:

310:16  Military Service Members and Spousal Temporary Licensure.

I.  The office of professional licensure and certification shall issue temporary licenses to a member of the armed forces or their spouse, if the applicant holds a current, valid unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A, provided that the applicant meets the requirements of this section, within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check.  The rules shall contain the following provisions:

[I.] (a)  The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title, or under any other law.

[II.] (b)  The license applicant must submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.

[III.] (c)  The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements.  The applicant must make this request within 15 days prior to the temporary license's expiration date.

[IV.] (d)  All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

II.  Notwithstanding any general or special law to the contrary, the office of professional licensure and certification shall facilitate the issuance of a license or certification for a person:  (a) who is certified or licensed in a state other than New Hampshire; (b) whose spouse is a member of the armed forces in the United States; (c) whose spouse is the subject of a military transfer to New Hampshire; and (d) who left employment to accompany a spouse to New Hampshire.  The procedure shall include, but not be limited to, facilitating the issuance of a license, digitally verifiable license, certificate, or registration if the requirements for licensure, certification, or registration of such other state are substantially similar to the requirements for licensure, certification, or registration in New Hampshire, as determined by the executive director in consultation with the boards, councils, and commissions.

III.  The executive director shall, in consultation with the boards, councils, and commissions, adopt rules, when applicable, when applicable, under RSA 541-A for:

(a)  What constitutes military education, training, or service acceptable for the specific regulated occupation or profession, as required under paragraph I.

(b)  The procedures and notice required for the inactive status of licenses, certificates, or registrations under paragraph II.

(c)  Procedures for facilitating issuance of licenses, certificates, or registrations for a spouse of a member of the armed forces as required in paragraph II.

(d)  Procedures for issuing digitally verifiable licenses, certificates, or permits

that can be recognized by other states as required in paragraph II.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

24-2905

Amended 5/20/24

 

SB 485-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-0823s)

 

AN ACT enumerating the office of professional licensure and certification's processes and procedures for temporary occupational licensure for military service members and their spouses.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable Significant Increase

Indeterminable  Significant

Increase

Indeterminable Significant Increase

Funding Source(s)

Office of Professional Licensure and Certification Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] No

Does this bill authorize new positions to implement this bill? [X] N/A

 

METHODOLOGY:

This bill  amends RSA 310:16 to add "digitally verifiable" licenses to the list for which licensing authorities must create issuance procedures for eligible military members and their spouses.  Moreover, the bill mandates rulemaking authority for procedures regarding digitally verifiable licenses, certificates, or permits that can be recognized by other states.

 

The Office of Professional Licensure and Certification (OPLC) states this bill would affect boards falling under RSA 310.  To enable digitally verifiable licensure, an enterprise-level software solution would likely be necessary, with the Department of Information Technology leading any contracts or implementation.  Costs, exceeding $10,000 based on past software implementation experiences, are expected to be assigned to the OPLC, although an accurate estimate isn't available presently.

 

The Department of Information Technology, in conjunction with the Office of Professional Licensure and Certification, states that there will be no cost in implementing the processing of licenses into the existing system.  However, the requirements for digitally verifiable licensure may result in an indeterminable increase in expenditures, as it would pose significant technical and logistical challenges for achieving two-way digital verifiable licenses.  Significant barriers to modeling, costing, and implementation include:

  • The demand for New Hampshire to establish data sharing agreements and deploy supporting technologies for exchanging digitally verifiable credentials with numerous entities across states and territories.  Although New Hampshire centralizes its licensing types, other states have numerous diverse licenses across various jurisdictions for validating out-of-state credentials. Even if all entities were willing, legally authorized, and funded, the implementation would be monumental, making it impossible to model and estimate the associated costs for New Hampshire

 

It is assumed any fiscal impact would occur after FY 2024.  This bill does not appropriate funds to the OPLC for any expenditures incurred.   

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification and Department of  Information Technology