02/11/2014 01:30 PM House FINANCE

HOUSE BILL NO. 239                                                                                                            
                                                                                                                                
     "An Act extending the termination date of the Board of                                                                     
     Examiners in Optometry; and providing for an effective                                                                     
     date."                                                                                                                     
                                                                                                                                
2:24:03 PM                                                                                                                    
                                                                                                                                
CRYSTAL  KOENEMAN,  STAFF,   REPRESENTATIVE  LORA  REINBOLD,                                                                    
addressed the  legislation, which would extend  the Board of                                                                    
Examiners in  Optometry. The  Division of  Legislative Audit                                                                    
recommended  a full  eight-year  extension, which  reflected                                                                    
the  division's  belief  that  the  board  was  serving  the                                                                    
public's  interest by  effectively licensing  and regulating                                                                    
the profession.  The division recommended that  the Division                                                                    
of Corporations, Business  and Professional Licensing (CBPL)                                                                    
continue  its  efforts  to improve  the  investigative  case                                                                    
management  system's  integrity   and  confidentiality.  She                                                                    
understood that the department and  division had taken great                                                                    
strides on the  issue and would continue the  efforts in the                                                                    
future.                                                                                                                         
                                                                                                                                
Co-Chair Stoltze  asked for comments on  the board's current                                                                    
significant deficit. Ms. Koeneman  believed there were steps                                                                    
the  department and  the division  could take  to reevaluate                                                                    
how licensing fees were set.  She knew improvements had been                                                                    
made in  the past couple  of years, but the  issue continued                                                                    
to need addressing to ensure  that programs brought in money                                                                    
that would enable them to operate.                                                                                              
                                                                                                                                
Co-Chair Stoltze remarked that the shortfall was $44,755.                                                                       
                                                                                                                                
KRIS  CURTIS,   AUDITOR,  DIVISION  OF   LEGISLATIVE  AUDIT,                                                                    
relayed that  the agency  had conducted  a sunset  review of                                                                    
the board dated June 30,  2013. The audit's purpose had been                                                                    
to  determine whether  the board  was  serving the  public's                                                                    
interest and  whether it should  be extended. The  audit had                                                                    
concluded that  the board was serving  the public's interest                                                                    
by  effectively licensing  and regulating  optometrists. The                                                                    
board  was scheduled  to  terminate on  June  30, 2014;  the                                                                    
division recommended extending the  termination date to June                                                                    
30, 2022. The  one recommendation had been  directed to CBPL                                                                    
and  addressed improvements  needed in  the division's  case                                                                    
management system.                                                                                                              
                                                                                                                                
Representative   Costello  wondered   if  the   Division  of                                                                    
Legislative  Audit had  considered recommending  that boards                                                                    
share staff or locate other efficiencies.                                                                                       
                                                                                                                                
Ms.  Curtis  replied  that   the  division  would  recommend                                                                    
efficiencies if  it believed there  was a need.  She pointed                                                                    
to page  13 of the  audit report that addressed  board fees.                                                                    
She  explained  that  the  board had  been  operating  in  a                                                                    
surplus;  however,   a  sharp   decrease  in   revenues  had                                                                    
eliminated  the  surplus  in  FY   10.  Fees  had  not  been                                                                    
increased at  the time,  but she  believed they  should have                                                                    
been  increased.   The  fees  had  been   increased  in  the                                                                    
following  licensing  cycle.  She  expounded  that  when  an                                                                    
increase in fees  was implemented and a  licensing cycle was                                                                    
not  complete   the  division  did  not   typically  make  a                                                                    
recommendation  to change  fees until  it observed  what the                                                                    
true amount was.                                                                                                                
                                                                                                                                
Co-Chair Stoltze believed the  opticians' board had voted to                                                                    
disband  and to  be managed  by the  department. He  told an                                                                    
optician joke.                                                                                                                  
                                                                                                                                
2:29:21 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Ms.  Koeneman relayed  that the  opticians'  board had  been                                                                    
repealed in 2008.                                                                                                               
                                                                                                                                
Co-Chair Stoltze  intended to discuss  the fiscal note  at a                                                                    
later time.                                                                                                                     
                                                                                                                                
HB  239  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.