HB 629-FN – AS INTRODUCED
2005 SESSION
08/10
HOUSE BILL 629-FN
AN ACT relative to licensing requirements for certain regulated professions.
SPONSORS: Rep. Hunt, Ches 7; Rep. O'Neil, Rock 15
COMMITTEE: Executive Departments and Administration
This bill increases penalties for certain regulated professions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0352
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to licensing requirements for certain regulated professions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Private Detectives; Increased Penalties. Amend RSA 106-F:16 to read as follows:
106-F:16 Penalty. Any [individual or] person who engages in business as a private detective agency or security guard service without first having obtained a license [therefor or] shall be guilty of a class A misdemeanor if a natural person or a felony if any other person. Any person who violates any other provisions of this chapter shall be guilty of a misdemeanor.
2 Professional Engineers; Increased Penalties. RSA 310-A:25, I is repealed and reenacted to read as follows:
I.(a) It shall be a class A misdemeanor for any unlicensed natural person or a felony for any unauthorized business organization to:
(1) Practice, or offer to practice, engineering in this state.
(2) Represent by any verbal statement, sign, letterhead, card, or in any other way that they are professional engineers or able to perform engineering services.
(3) Use or otherwise assume in conjunction with the personal name, or advertise any title or description tending to convey the impression that such person is a professional engineer licensed under this subdivision.
(4) Present or attempt to use the license or seal of another as one’s own.
(5) Falsely impersonate any other licensee of like or different name.
(b) It shall be a class B misdemeanor for any natural person or a felony for any unauthorized business organization to:
(1) Give any false or forged evidence of any kind to the board or to any member of the board in obtaining a license.
(2) Attempt to use an expired or revoked license.
3 Architect; Increased Penalties. RSA 310-A:50 is repealed and reenacted to read as follows:
310-A:50 Violations.
I. It shall be a class B misdemeanor for any natural person or a felony for any business organization to:
(a) Give any false or forged evidence of any kind to the board or to any board member in obtaining a license; or
(b) Violate any other provision of this subdivision.
II. It shall be a class A misdemeanor for any natural person or a felony for any business organization to:
(a) Present or attempt to use the license or seal of another as one’s own;
(b) Falsely impersonate any other licensee of like or different name;
(c) Attempt to use an expired or revoked license; or
(d) Practice architecture or to offer, advertise or hold oneself out to the public as being in the practice of architecture in this state without a license.
4 Land Surveyors; Increased Penalties. Amend RSA 310-A:72 to read as follows:
310-A:72 Violations and Penalties.
I. Any person who shall practice or offer to practice land surveying in this state for others without being licensed in accordance with this subdivision, or any person presenting or attempting to use as one’s own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or non-existent or revoked license or authorization, [or any person who shall violate any of the provisions of this subdivision shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if a business organization] shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
II. Any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a certificate, or any person who violates any other provision of this subdivision, shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if any other person.
5 Natural Scientists; Increased Penalties. Amend RSA 310-A:95 to read as follows:
310-A:95 Violations; Penalties.
I. Any person who practices or offers to practice soil science or wetland science in this state for others without a certificate in accordance with this subdivision, or any person presenting or attempting to use the certificate or seal of another, [or any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a certificate,] or any person who falsely impersonates any other certified soil scientist or certified wetland scientist, or any person who attempts to use an expired or nonexistent or revoked certificate or authorization, [or any person who violates any of the provisions of this subdivision,] shall be guilty of a class [B] A misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a certificate, or any person who violates any other provision of this subdivision, shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if any other person.
6 Foresters; Increased Penalties. Amend RSA 310-A:114 to read as follows:
310-A:114 Violations; Penalty. Any person who practices or offers to practice forestry in this state for others for compensation without a license in accordance with this subdivision, or any person presenting or attempting to use the license or seal of another, [or any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license,] or any person who falsely impersonates any other licensed forester, or any person who attempts to use an expired or nonexistent or revoked license, or any person who violates any of the provisions of this subdivision, shall be guilty of a class [B] A misdemeanor if a natural person, or guilty of a felony if any other person. Any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license or any person who violates any other provision of the subdivision, shall be guilty of a class B misdemeanor if a natural person or guilty of a felony if any other person. The board may also impose administrative fines for violations of this subdivision in accordance with rules adopted under RSA 310-A:102, VIII which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.
7 New Paragraph; Professional Geologists; Increased Penalties. Amend RSA 310-A:135 by inserting after paragraph VII the following new paragraph:
VIII. Any person who shall practice or offer to practice as a professional geologist in this state for others without being licensed in accordance with this subdivision shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if a business organization.
8 Plumbers; Increased Penalties. Amend RSA 329-A:18, I to read as follows:
I. Any person, firm or corporation which installs any plumbing or drainage without first having obtained a license as either a master plumber or as a journeyman plumber, unless he is an apprentice as defined in this chapter, or which employs a person to do plumbing who has no such license, unless he is an apprentice, or procures any license wrongfully or by fraud, shall be guilty of a [violation] class A misdemeanor if a natural person, or guilty of a felony if any other person.
9 Veterinarians; Increased Penalties. Amend RSA 332-B:19, I to read as follows:
I. Any person who shall practice veterinary medicine without a currently valid license or temporary permit shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person, and each act of such unlawful practice shall constitute a distinct and separate offense.
10 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0352
Revised 2/15/05
HB 629 FISCAL NOTE
AN ACT relative to licensing requirements for certain regulated professions.
FISCAL IMPACT:
The Judicial Branch and Judicial Council have determined this bill may increase state general fund expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill will increase the criminal penalties for practicing without a license in various professions. The Branch states an insignificant number of cases were entered in the District Courts for these offenses during 2003, except for plumbers which saw approximately 25 cases. The Branch states if there continues to be few of these types of cases, this bill will have minimal fiscal impact on the Branch.
The Judicial Council states increasing a penalty to a Class A misdemeanor establishes a right to counsel where one did not previously exist. The Judicial Council states it cannot determine the number of charges resulting from this bill. If an individual charged under this bill has been determined to be indigent, the court will appoint an attorney to represent the defendant. If a public defender or contract attorney is appointed to the case, the fixed contract rate of $250 will apply to each misdemeanor. If an assigned counsel attorney must be used due to either conflict of interest or caseload limitations, the $60 per hour rate will apply to the case, with a fee cap of $1,000 per case. The fee cap may be waived upon motion filed in advance with the court. There also may be costs related to services other than counsel.