HB148: requiring the notification of renewal prior to expiration to holders of professional licenses issued by state agencies.

HB 148-FN - AS INTRODUCED

2003 SESSION

03-0201

10/09

HOUSE BILL 148-FN

AN ACT requiring the notification of renewal prior to expiration to holders of professional licenses issued by state agencies.

SPONSORS: Rep. Gilman, Graf 9; Rep. Giuda, Graf 13; Rep. Sorg, Graf 11; Rep. Ingbretson, Graf 13; Rep. Adams, Hills 43; Sen. Gallus, Dist 1; Sen. Johnson, Dist 2; Sen. Kenney, Dist 3; Sen. Clegg, Dist 14; Sen. Sapareto, Dist 19

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill requires all state agencies that issue professional licenses to provide renewal notification to the holder of the license prior to the expiration of the license.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0201

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT requiring the notification of renewal prior to expiration to holders of professional licenses issued by state agencies.

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

1 New Section; General Administration of Regulatory Boards and Commissions; Renewal Notice Required. Amend RSA 332-G by inserting after section 4 the following new section:

332-G:5 Renewal Notice for Professional or Occupational Licenses. An agency responsible for the issuance and renewal of professional or occupational licenses shall be required to provide notice to each licensee of the expiration of the license at least 45 days prior to the date required in law or rules for the renewal of the person's professional or occupational license; provided, however that this requirement shall not apply where a statutory provision requires any other specific time period or date for the notice of renewal of an agency's professional or occupational licensees.

2 New Paragraph; Administrative Procedure Act; Agency Action Against Licensees. Amend RSA 541-A:30 by inserting after paragraph I the following new paragraph:

I-a. An agency responsible for the issuance and renewal of professional or occupational licenses shall not revoke, suspend, modify, withdraw, or refuse to renew a professional or occupational license for nonrenewal unless the agency first gives notice to the licensee of the expiration of the license at least 45 days prior to the date required in law or rules for the renewal, except that this requirement shall not affect any statutory provision requiring any other specific time period or date for the notice of renewal of professional or occupational licenses applicable to an agency's licensees.

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

LBAO

03-0201

11/13/02

HB 148-FN - FISCAL NOTE

AN ACT requiring the notification of renewal prior to expiration to holders of professional licenses issued by state agencies.

FISCAL IMPACT:

The Office of Legislative Budget Assistant has determined this bill may increase state revenue and expenditures by an indeterminable amount in FY 2003 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

The Office of Legislative Budget Assistant states this bill would require state agencies that issue professional or occupational licenses to notify licensees at least 45 days prior to the expiration of their license. In addition, an agency shall not revoke, suspend, modify, withdraw, or refuse to renew a professional or occupational license unless such notice was given. The 45-day notice requirement shall not apply where a statutory provision requires any other specific time period or date for the notice of renewal of an agency's licensees.

The Office conducted a survey for similar legislation in FY 2002 in order to determine which agencies would be affected, as well as the potential fiscal impact of any changes they would have to make in order to comply with the proposed renewal notice provisions. According to the survey, forty-one of the fifty-two affected agencies stated they would not be impacted because they either send out renewal notices in advance of the 45-day requirement or have a statutory provision requiring another specific period or time for notice. Twelve agencies stated the notice requirement would have a fiscal impact because they either send out no notification at all, or send out notices less than 45 days prior to expiration.

Agencies who do not currently meet the provisions of this bill collectively issue approximately 140,000 licenses per year. Additional costs could include the addition of staff, associated benefits, equipment, including computer system upgrades, postage, paper, as well as other associated costs. The fiscal impact of this bill would vary by agency dependent on the number of licensees per agency, number of staff, and current administrative procedures used by the agencies in keeping track of licensees. Large agencies may have the capacity to handle such changes at little cost due to the number of staff and available resources, while smaller agencies may incur additional costs due to little or no staff and limited resources. Since each agency will

LBAO

03-0201

11/13/02

Page 2

approach the provisions of this bill differently dependent on the situation unique to them, the Office is unable to determine the exact fiscal impact of this bill at this time.

Some agencies stated the intent of this bill is unclear whereas there is no definition of "notice". This could result in additional costs depending on whether or not the agency is currently meeting this definition, and the potential changes that could result. Agencies also stated concern over the difficulty in keeping track of licensee addresses whereas they are not always notified when a licensee moves.

To the extent this bill impacts those boards or commissions that are required under statute to collect revenues equivalent to 125% of their administrative expenses, there may be an indeterminable increase in state revenues to offset any expenses imposed by the passage of this bill.