PRIOR PRINTER'S NOS. 1837, 2447               PRINTER'S NO. 2552

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1528 Session of 1977


        INTRODUCED BY MESSRS. IRVIS, BENNETT, POLITE, WARGO, OLIVER,
           RENWICK, WHITE, RHODES, BARBER, A. K. HUTCHINSON, JOHNSON,
           CAPUTO, MRS. KELLY AND MR. BRANDT, JULY 25, 1977

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JANUARY 31, 1978

                                     AN ACT

     1  Fixing annual license and other fees for activities regulated by
     2     the Bureau of Professional and Occupational Affairs of the
     3     Department of State AND CREATING THE PROFESSIONAL LICENSURE    <--
     4     AUGMENTATION ACCOUNT AND PROVIDING FOR ITS ADMINISTRATION.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the "Bureau of
     9  Professional and Occupational Affairs Fee Act."
    10  Section 2.  Fees.
    11     (a)  Fee Schedule.--The annual and biennial license and
    12  renewal fees for activities regulated by the Bureau of
    13  Professional and Occupational Affairs shall be as follows:
    14                         Activity                            Fee
    15     (1)  Architecture
    16            (i)  Examination                                50.00
    17           (ii)  Renewal, biennial                          25.00
    18     (2)  Auctioneer

     1            (i)  Auctioneer's registration certifi-
     2                 cate                                       50.00
     3           (ii)  Auctioneers, biennial renewal              50.00
     4          (iii)  Special license, specific auction         100.00
     5     (3)  Barbers
     6            (i)  Apprentice, student permit                  5.00
     7           (ii)  Teachers, registration fee                 25.00
     8          (iii)  Teachers, biennial renewal                 25.00
     9           (iv)  Barber shop, registration fee              10.00
    10            (v)  Barber shop, biennial renewal              10.00
    11     (4)  Chiropractic
    12            (i)  Standard examination                       40.00
    13           (ii)  Renewal, biennial                          20.00
    14     (5)  Cosmetology
    15            (i)  Student and apprentice permits              5.00
    16           (ii)  Operators and manicurists,
    17                 original                                   10.00
    18          (iii)  Operators and manicurists,
    19                 biennial renewal                           10.00
    20           (iv)  Shop owners, managers, teachers,
    21                 original                                   25.00
    22            (v)  Shop owners, managers, teachers,
    23                 biennial renewal                           25.00
    24     (6)  Dentist
    25            (i)  Dentist, biennial registration             25.00
    26           (ii)  Dental hygienists, biennial
    27                 registration                               10.00
    28     (7)  Professional engineering
    29            (i)  Engineers, biennial renewal                25.00
    30           (ii)  Surveyors, biennial renewal                25.00
    19770H1528B2552                  - 2 -

     1     (8)  Landscape architecture
     2            (i)  Examination and initial                    75.00
     3           (ii)  Renewal, biennial                          50.00
     4     (9)  Motor vehicle manufacturers, dealers
     5          and salesmen
     6            (i)  Motor vehicle manufacturers,
     7                 biennial renewal                           25.00
     8           (ii)  Motor vehicle wholesalers and
     9                 distributors, biennial renewal             25.00
    10          (iii)  Distributor branch representative
    11                 license, biennial renewal                  15.00
    12           (iv)  Motor vehicle factory represen-
    13                 tative license, biennial renewal           15.00
    14            (v)  Motor vehicle dealers license,
    15                 biennial renewal                           25.00
    16           (vi)  Motor vehicle dealers branch
    17                 office, biennial renewal                   25.00
    18          (vii)  Motor vehicle salesmen license,
    19                 biennial renewal                           15.00
    20         (viii)  Used car lots, biennial renewal            25.00
    21     (10)  Nurse Board
    22            (i)  Practical nurse examination                18.00
    23           (ii)  Professional nurse examination             24.00
    24          (iii)  Practical nurse, biennial renewal           5.00
    25           (iv)  Professional nurse, biennial
    26                 renewal                                    10.00
    27     (11)  Nursing Home Administration
    28            (i)  Examination and initial
    29                 registration                               50.00
    30           (ii)  Nursing Home Administrator,
    19770H1528B2552                  - 3 -

     1                 biennial renewal                           50.00
     2          (iii)  Nursing Home Administrator,
     3                 license by endorsement                     50.00
     4     (12)  Optometry
     5            (i)  Optometrists, biennial renewal             25.00
     6           (ii)  Optometrists branch office,
     7                 original license                           20.00
     8          (iii)  Optometrists branch office,
     9                 biennial renewal                           20.00
    10     (13)  Osteopathy
    11            (i)  Examination, original license              40.00
    12           (ii)  Biennial renewal                           25.00
    13     (14)  Pharmacy
    14            (i)  Pharmacist examination fee                 25.00
    15           (ii)  Pharmacist, original license               25.00
    16          (iii)  Pharmacist, biennial renewal               25.00
    17           (iv)  Pharmacy, biennial renewal                 50.00
    18     (15)  Physical Therapy
    19            (i)  Physical therapist license,
    20                 biennial renewal                           25.00
    21     (16)  Podiatry
    22            (i)  Examination                                50.00
    23     (17)  Real Estate
    24            (i)  Brokers examination and registra-
    25                 tion                                       25.00
    26           (ii)  Salesman's examination and regis-
    27                 tration                                    20.00
    28          (iii)  Brokers license, biennial renewal          25.00
    29           (iv)  Corporations, biennial renewal             25.00
    30            (v)  Partnership, biennial renewal              25.00
    19770H1528B2552                  - 4 -

     1           (vi)  Associate broker, biennial renewal         25.00
     2          (vii)  Certification of license of Pa.
     3                 broker applying for licensure
     4                 in another state                            5.00
     5         (viii)  New license for new location for
     6                 unexpired period - place of
     7                 business                                    5.00
     8           (ix)  Salesman, biennial renewal                 20.00
     9            (x)  Salesman, change of employer                5.00
    10           (xi)  Certifications, all licenses                5.00
    11     (b)  Collection.--The Bureau of Professional and Occupational
    12  Affairs shall collect the fees for which this act provides;
    13  however, nothing in this act shall prevent the collection of
    14  fees by the bureau not inconsistent with the provisions of this
    15  act.
    16  Section 3.  Fees for late renewals and duplicates.
    17     (a)  Late renewals.--Where a license is renewed beyond the
    18  date specified for renewal by the bureau, a fee of $5.00 for
    19  each month or part of a month beyond the renewal date shall be
    20  charged in addition to the prescribed fee.
    21     (b)  Duplicates.--The fee for the issuance of a duplicate
    22  license shall be $5.00 in all cases.
    23  Section 4.  Additional funds for operation.                       <--
    24     (a)  Appropriation.--For fiscal year 1978-1979 and
    25  thereafter, as much of the fees fixed by this act and all other
    26  fees collected by the Bureau of Professional and Occupational
    27  Affairs as are necessary for payment of the cost of processing
    28  of licenses and renewals thereof as well as the other general
    29  administration costs for bureau operations is hereby
    30  appropriated to the Bureau of Professional and Occupational
    19770H1528B2552                  - 5 -

     1  Affairs after review and approval of the Bureau of Professional
     2  and Occupational Affairs' budget by the Secretary of the
     3  Commonwealth, the Secretary of the Budget, the Chairman of the
     4  House Appropriations Committee and the Chairman of the Senate
     5  Appropriations Committee. This section shall not be construed to
     6  affect section 30 of the act of September 29, 1961 (P.L.1745,
     7  No.708), known as "The Auctioneers' License Act," or section 907
     8  of the act of October 15, 1975 (P.L.390, No.111), known as the
     9  "Health Care Services Malpractice Act."
    10     (b)  Budget estimate.--Prior to March 1 of each year, the
    11  Secretary of the Commonwealth shall submit an estimate of the
    12  total expenditures and revenues of the Bureau of Professional
    13  and Occupational Affairs for the next succeeding fiscal year.
    14  Such estimate shall be submitted to the Secretary of the Budget
    15  and to the Chairmen of the House and Senate Appropriation
    16  Committees for their respective approvals of such estimate in
    17  the amount submitted or such lesser amount as each of them may
    18  determine: Provided, That if the Secretary of the Budget or
    19  either chairman shall fail to notify the Bureau of Professional
    20  and Occupational Affairs in writing of his approval within 45
    21  days after such admission, the estimate as submitted shall be
    22  deemed approved by him.
    23     (c)  Additional funds.--No additional General Fund
    24  appropriation shall be made over and above the fees fixed by
    25  this act, except those currently budgeted.
    26     (d)  Transitional provisions.--For the remainder of fiscal
    27  year 1977-1978, such additional moneys as are attributable to
    28  the increased fees provided by this act are hereby appropriated
    29  to the Department of State for the operation of the department,
    30  but such moneys shall not be spent until such expenditures are
    19770H1528B2552                  - 6 -

     1  approved by the Secretary of the Budget and the Chairmen of the
     2  House and Senate Appropriations Committees. If any of such
     3  moneys remain unapproved on July 1, 1978, such moneys shall be
     4  used for the purpose of fee reductions as provided in subsection
     5  (e). That portion of the moneys generated by this act for the
     6  remainder of fiscal year 1977-1978 which is not attributable to
     7  any increase in fees shall be paid into the General Fund.
     8     (e)  Reduction of fees.--Any portion of the fees not
     9  necessary for the program activities or unapproved as provided
    10  in subsection (d) shall be used to reduce the appropriate
    11  license fees in subsequent years, on an automatic basis, without
    12  the need for additional legislation, after approval by the
    13  Secretary of the Budget.
    14     The bureau may promulgate rules and regulations consistent
    15  with this section.
    16  SECTION 4.  PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT.          <--
    17     (A)  CREATION OF AND PAYMENTS TO ACCOUNT.--BEGINNING JULY 1,
    18  1978 AND THEREAFTER, ALL MONEYS COLLECTED BY THE BUREAU OF
    19  PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL BE PAID INTO THE
    20  PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT WHICH IS HEREBY
    21  CREATED AND WHICH SHALL BE A SPECIAL RESTRICTED RECEIPTS ACCOUNT
    22  WITHIN THE GENERAL FUND. MONEYS IN SUCH ACCOUNT SHALL BE PAID
    23  OUT ONLY WHEN SPECIFICALLY APPROPRIATED BY THE GENERAL ASSEMBLY
    24  AND BE TREATED IN THE SAME MANNER AS MONEYS WHICH AUGMENT
    25  GENERAL FUND APPROPRIATIONS FOR THE OPERATION OF THE BUREAU OF
    26  OCCUPATIONAL AND PROFESSIONAL AFFAIRS.
    27     (B)  APPROPRIATIONS FROM ACCOUNT.--THE GENERAL ASSEMBLY SHALL
    28  ANNUALLY APPROPRIATE FOR PAYMENT OF THE COSTS OF PROCESSING
    29  LICENSES AND RENEWALS, FOR THE OPERATION OF THE VARIOUS
    30  REGULATORY BOARDS, AND FOR OTHER GENERAL COSTS OF BUREAU
    19770H1528B2552                  - 7 -

     1  OPERATIONS, MONEYS AVAILABLE FROM THE PROFESSIONAL LICENSURE
     2  AUGMENTATION ACCOUNT.
     3     (C)  BUDGET PREPARATION.--IN PREPARING THE PROPOSED BUDGET
     4  FOR BUREAU OPERATIONS FOR EACH YEAR, THE COMMISSIONER OF
     5  PROFESSIONAL AND OCCUPATIONAL AFFAIRS SHALL CONSULT WITH THE
     6  BOARDS AND COMMISSIONS UNDER HIS JURISDICTION TO DETERMINE THEIR
     7  BUDGETARY REQUIREMENTS FOR THE UPCOMING YEAR.
     8     (D)  LIMITATIONS.--NOTHING IN THIS SECTION SHALL BE CONSTRUED
     9  TO AFFECT SECTION 30 OF THE ACT OF SEPTEMBER 29, 1961 (P.L.1745,
    10  NO.708), KNOWN AS "THE AUCTIONEERS' LICENSE ACT," OR SECTION 907
    11  OF THE ACT OF OCTOBER 15, 1975 (P.L.390, NO.111), KNOWN AS THE
    12  "HEALTH CARE SERVICES MALPRACTICE ACT."
    13     (E)  TRANSITIONAL PROVISIONS.--FOR THE REMAINDER OF FISCAL
    14  YEAR 1977-1978, SUCH ADDITIONAL MONEYS AS ARE ATTRIBUTABLE TO
    15  THE INCREASED FEES PROVIDED BY THIS ACT ARE HEREBY APPROPRIATED
    16  TO THE DEPARTMENT OF STATE FOR THE OPERATION OF THE DEPARTMENT,
    17  BUT SUCH MONEYS SHALL NOT BE SPENT UNTIL SUCH EXPENDITURES ARE
    18  APPROVED BY THE SECRETARY OF THE BUDGET AND THE CHAIRMEN OF THE
    19  HOUSE AND SENATE APPROPRIATIONS COMMITTEES. IF ANY OF SUCH
    20  MONEYS REMAIN UNAPPROVED ON JULY 1, 1978, SUCH MONEYS SHALL BE
    21  PAID INTO THE PROFESSIONAL LICENSURE AUGMENTATION ACCOUNT.
    22  Section 5.  Repeals.
    23     All acts or parts of acts are repealed insofar as they are
    24  inconsistent herewith.
    25  Section 6.  Savings clause.
    26     The provisions of this act shall not affect any act done,
    27  liability incurred or right accrued or vested, or affect any
    28  suit or prosecution pending or to be instituted to enforce any
    29  right or penalty or punish any offense under the authority of
    30  any act or part thereof repealed by this act.
    19770H1528B2552                  - 8 -

     1  Section 7.  Effective date.
     2     This act shall take effect January 1, 1978.



















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