HB 2267 — professional licensure fees; waiver; reduction

HB2267 - 551R - IH Ver       REFERENCEHouse TITLE:Engrossed professional licensure fees;

professional licensure fees;

reduction         State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session     HBHOUSE BILL 2267   Introduced by Representative Grantham     AN ACT   amending title 32, chapter 48, article 1, Arizona Revised Statutes, by adding section 32‑4802;32-4802;

Section 1.  HeadingSection 1. change The article heading of title 32, chapter 48, article 1, Arizona Revised Statutes, is changed from "PUBLIC MEETINGS" to "GENERAL PROVISIONS".

Sec. 2.  TitleHeading change The article heading of title 32, chapter 48, article 1, Arizona Revised Statutes, is amendedchanged byfrom adding"PUBLIC sectionMEETINGS" 32-4802, to read:"GENERAL PROVISIONS".

START_STATUTE32-4802.  LicensureSec. 2. and certification fees;

Title 32, chapter 48, article 1, Arizona Revised Statutes, is amended by adding section 32-4802, to read:

START_STATUTE32-4802.

Licensure and certification fees;

applicability A.  OnA. or before SEPTEMBER 1 OF EACH YEAR, each REGULATORY BOARD AND AGENCy SHALL REVIEW THE costs it INCURs, THE MONIES it has IN its FUNDS AND THE FEE REVENUES it COLLECTs TO DETERMINE WHETHER the regulatory board or agency EXPECTs ENDING BALANCES IN its LICENSING FUND TO EXCEED FIFTY PERCENT OF THE APPROPRIATIONS FROM THat FUND IN THE CURRENT FISCAL YEAR.

B.  NOTWITHSTANDINGOn ANYor OTHERbefore LAW,SEPTEMBER IF1 THEOF REGULATORYEACH BOARDYEAR, OReach AGENCYREGULATORY DETERMINESBOARD PURSUANTAND TOAGENCy SUBSECTIONSHALL AREVIEW OFTHE THIScosts SECTIONit THATINCURs, ITSTHE ENDINGMONIES BALANCEit WOULDhas EXCEEDIN FIFTYits PERCENTFUNDS OFAND ITS APPROPRIATION, THE regulatoryFEE BOARDREVENUES ORit AGENCYCOLLECTs SHALLTO PROVIDEDETERMINE AWHETHER ONETIMEthe WAIVERregulatory ORboard REDUCTIONor FROMagency LICENSUREEXPECTs ORENDING CERTIFICATionBALANCES RENEWAL FEES TO REDUCE THE BALANCE IN its licensingLICENSING FUND TO BELOWEXCEED FIFTY PERCENT OF ITSTHE APPROPRIATIONAPPROPRIATIONS FROM THATTHat FUND IN THE UPCOMINGCURRENT FISCAL YEAR,YEAR. OR WITHIN THE BOARD'S or agency's NORMAL SCHEDULE FOR RENEWING LICENSES or certificates IF LONGER THAN ONE YEAR.  IN DETERMINING THE AMOUNT OF THE WAIVER OR REDUCTION, THE regulatory BOARD OR AGENCY shall ATTEMPT TO ENSURE THAT ALL EXISTING LICENSEES or certificate holders RECEIVE ONE WAIVER OR REDUCTION PURSUANT TO THIS subSECTION.  FEES FOR NEW LICENSEES or certificate holders SHALL BE WAIVED OR REDUCED FOR THE subsequent FISCAL YEAR.  regulatory BOARDS and AGENCIES SHALL ATTEMPT TO ENSURE THAT FEE REDUCTIONS PURSUANT TO THIS subSECTION, AS A PERCENTAGE OF THE BASE FEES, ARE THE SAME FOR BOTH INITIAL AND RENEWAL licenses and CERTIFICATES.

C.  NotwithstandingB. any other law, as prescribed by this section, a regulatory board or agency may temporarily reduce or waive any initial or renewal licensure or certification fees.

D.  EachNOTWITHSTANDING rEGULATORYANY BOARDOTHER ANDLAW, AGENCyIF thatTHE isREGULATORY SUBJECTBOARD OR AGENCY DETERMINES PURSUANT TO SUBSECTION A OF THIS SECTION SHALLTHAT REPORTITS itsENDING FEEBALANCE PLANSWOULD TOEXCEED THEFIFTY GOVERNOR,PERCENT THEOF PRESIDENTITS OFAPPROPRIATION, THE SENATEregulatory ANDBOARD THEOR SPEAKERAGENCY OFSHALL THEPROVIDE HOUSEA OFONETIME REPRESENTATIVESWAIVER ONOR orREDUCTION beforeFROM SEPTEMBERLICENSURE 1OR OFCERTIFICATion EACHRENEWAL YEAR. FEES ATTO AREDUCE MINIMUM,THE THESEBALANCE REPORTSIN SHALLits INCLUDElicensing THEFUND AMOUNTTO BELOW FIFTY PERCENT OF REVENUESITS ANDAPPROPRIATION EXPENDITURESFROM EXPECTEDTHAT FUND IN THE CURRENTUPCOMING FISCAL YEAR, OR WITHIN THE PROJECTEDBOARD'S ENDINGor BALANCESagency's FORNORMAL THESCHEDULE regulatoryFOR board'sRENEWING LICENSES or agency'scertificates LICENSINGIF FUNDLONGER ANDTHAN ONE YEAR.  IN DETERMINING THE REASONINGAMOUNT ANDOF JUSTIFICATIONTHE FORWAIVER HOWOR REDUCTION, THE regulatory board'sBOARD OR AGENCY shall ATTEMPT TO ENSURE THAT ALL EXISTING LICENSEES or agency'scertificate holders RECEIVE ONE WAIVER OR REDUCTION PLANPURSUANT WILLTO ACHIEVETHIS REQUIREDsubSECTION.  FEES FOR NEW LICENSEES or certificate holders SHALL BE WAIVED OR REDUCED FOR THE subsequent FISCAL YEAR.  regulatory BOARDS and AGENCIES SHALL ATTEMPT TO ENSURE THAT FEE REDUCTIONS PURSUANT TO THIS SECTION.subSECTION, AS A PERCENTAGE OF THE BASE FEES, ARE THE SAME FOR BOTH INITIAL AND RENEWAL licenses and CERTIFICATES.

E.  OnC. or before JULY 1 OF THE FISCAL YEAR IN WHICH a FEE REDUCTION OR WAIVER pursuant to this section BECOMES EFFECTIVE, THE regulatory BOARD OR AGENCY SHALL NOTIFY ITS EXISTING LICENSEES or certificate holders OF ITS INTENTION TO PROVIDE THE REDUCTION OR WAIVER AND ITS EXPECTED AMOUNT.  Additionally, THE regulatory BOARD OR AGENCY SHALL PROMINENTLY ANNOUNCE THE FEE REDUCTION OR WAIVER FOR NEW AND EXISTING LICENSEES or certificate holders ON the HOME PAGE of its website.

F.  IFNotwithstanding Aany REGULATORYother BOARDlaw, ORas AGENCYprescribed BELIEVESby ITthis WILLsection, REQUIREa ONETIME monies GREATER THAN FIFTY PERCENT OF ITS ANNUAL APPROPRIATION FOR ONETIME CAPITAL, INFORMATION TECHNOLOGY OR SIMILAR COSTS, the regulatory board or agency MAYmay INCLUDEtemporarily Areduce REPORTor OFwaive THISany EXPECTEDinitial NEEDor INrenewal ITSlicensure submissionor ofcertification budgetfees. estimates REQUIRED by SECTION 35-113.

G.  ThisD. section applies only to regulatory boards or agencies established by:

1.  ChaptersEach 1,rEGULATORY 3,BOARD 5,AND 6,AGENCy 7,that 8,is 10,SUBJECT 11,TO 12,THIS 13,SECTION 14,SHALL 15,REPORT 15.1,its 16,FEE 17,PLANS 18,TO 19,THE 19.1,GOVERNOR, 21,THE 25,PRESIDENT 29,OF 30,THE 33,SENATE 34,AND 35,THE 39,SPEAKER 41OF andTHE 42HOUSE ofOF thisREPRESENTATIVES title.ON or before SEPTEMBER 1 OF EACH YEAR.  AT A MINIMUM, THESE REPORTS SHALL INCLUDE THE AMOUNT OF REVENUES AND EXPENDITURES EXPECTED IN THE CURRENT FISCAL YEAR, THE PROJECTED ENDING BALANCES FOR THE regulatory board's or agency's LICENSING FUND AND THE REASONING AND JUSTIFICATION FOR HOW THE regulatory board's or agency's WAIVER OR REDUCTION PLAN WILL ACHIEVE REQUIRED FEE REDUCTIONS PURSUANT TO THIS SECTION.

2.  TitleE. 36, chapter 4, article 6.  END_STATUTE

On or before JULY 1 OF THE FISCAL YEAR IN WHICH a FEE REDUCTION OR WAIVER pursuant to this section BECOMES EFFECTIVE, THE regulatory BOARD OR AGENCY SHALL NOTIFY ITS EXISTING LICENSEES or certificate holders OF ITS INTENTION TO PROVIDE THE REDUCTION OR WAIVER AND ITS EXPECTED AMOUNT.  Additionally, THE regulatory BOARD OR AGENCY SHALL PROMINENTLY ANNOUNCE THE FEE REDUCTION OR WAIVER FOR NEW AND EXISTING LICENSEES or certificate holders ON the HOME PAGE of its website.

F.

IF A REGULATORY BOARD OR AGENCY BELIEVES IT WILL REQUIRE ONETIME monies GREATER THAN FIFTY PERCENT OF ITS ANNUAL APPROPRIATION FOR ONETIME CAPITAL, INFORMATION TECHNOLOGY OR SIMILAR COSTS, the regulatory board or agency MAY INCLUDE A REPORT OF THIS EXPECTED NEED IN ITS submission of budget estimates REQUIRED by SECTION 35-113.

G.

This section applies only to regulatory boards or agencies established by:

1.

Chapters 1, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 29, 30, 33, 34, 35, 39, 41 and 42 of this title.

2.

Title 36, chapter 4, article 6.  END_STATUTE