PRIOR PRINTER'S NOS. 1837, 2447 PRINTER'S NO. 2552
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. G14L50RLC/19770H1528B2552 - 9 -