HB 593-FN – AS INTRODUCED
2007 SESSION
10/04
HOUSE BILL 593-FN
AN ACT relative to penalties for violations of licensing requirements for certain regulated professions.
COMMITTEE: Executive Departments and Administration
This bill increases penalties for violations of requirements 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0795
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to penalties for violations of 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 Fuel Gas Fitters; Penalties. Amend RSA 153:37, I to read as follows:
I. Any person who performs fuel gas fitting without first having obtained a license, shall be guilty of a class A misdemeanor.
3 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 RSA 310-A:25, I is repealed and reenacted to read as follows: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.
4 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.
5 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.
6 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.
7 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.
8 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.
9 Landscape Architects; Violations. RSA 310-A:158 is repealed and reenacted to read as follows:
310-A:158 Violations.
I. It shall be a class A misdemeanor for any natural person or a felony for any business organization to:
(a) Falsely impersonate any other licensee of like or different name;
(b) Attempt to use an expired or revoked license;
(c) Practice landscape architecture or to offer, advertise or hold oneself out to the public as being in the practice of landscape architecture in this state without a license; or
(d) Present or attempt to use the license or seal of another as one’s own.
II. 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 of the provisions of this subdivision.
10 Plumbers; Increased Penalties. Amend RSA 329-A:18 to read as follows:
329-A:18 Penalties.
I. Any business entity or person who procures a plumbing license or water treatment certificate wrongfully or by fraud is guilty of a misdemeanor.
II. Any business entity which performs plumbing without a currently valid plumbing license, and any person who is not an apprentice and performs plumbing without a currently valid license, is guilty of a class A misdemeanor if a natural person or a felony if any other person, unless the business entity or person has a license which has been expired for no more than 12 months, in which case such business entity or person is guilty of a violation.
III. Any business entity or person employing a person to perform plumbing when the employed person is not an apprentice and does not have a currently valid plumbing license is guilty of a misdemeanor, unless the employed person has a license which has been expired for no more than 12 months, in which case the employing business entity or person is guilty of a violation.
IV. Any business entity not certified as a water treatment technician which represents itself as so certified is guilty of a felony, and any person not certified as a water treatment technician who represents himself or herself as so certified, is guilty of a class A misdemeanor.
11 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.
12 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0795
Revised 04/05/07
HB 593 FISCAL NOTE
AN ACT relative to penalties for violations of licensing requirements for certain regulated professions.
FISCAL IMPACT:
The Department of Justice, Office of Legislative Budget Assistant, and Judicial Council state that this bill may increase state general fund and county expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Department of Justice states this bill clarifies the criminal penalty provisions of violations of various licensing statutes. The Department currently prosecutes the unauthorized practice of these licensed activities. It is anticipated that this bill will result in some additional prosecutions and advise to the licensing boards. The Department assumes any increase could be absorbed within the existing budget.
The Legislative Budget Assistant has stated this bill increases penalties for violations of licensing requirements for certain regulated professions. Increased costs to the Judicial Branch result from the difference in cost of processing the two different levels of potential penalty. The cost is calculated as the average judicial and clerical time to process a case at current salary levels as follows:
Classification Cost per case
Class A misdemeanor $ 50
Class B misdemeanor $ 36
Felony $297
Class B misdemeanors carry the potential of incarceration, and therefore, the potential for de novo appeals to the Superior Court for a jury trial. Both class A and class B misdemeanors can involve appeals to the Supreme Court. There are additional costs associated with appeals to the Superior Court and the Supreme Court. A felony offense is more costly to process than a misdemeanor because they can involve arraignment, bail, and probable cause hearings in the District Court, numerous hearings and a jury trial in the Superior Court and an appeal to the Supreme Court. The number of cases that will be affected by the proposed statute cannot be determined.
The Legislative Budget Assistant also states to the extent individuals are prosecuted counties may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the amended law. The average annual cost for counties to incarcerate inmates is $22,889. The LBA states the total exposure to the counties would be dependent on the number of individuals convicted and sentenced under the new law, which cannot be determined at this time
The Judicial Council states this bill increases penalty provisions of statutes regulating certain professions from class B misdemeanors, for which there is no right to council, to class A misdemeanors, for which the right to council exists. The Council assumes that any cases arising from the enactment of this bill, for which the Indigent Defense Fund may be liable, will in the first instance be handled by the public defender or a contract attorney on a fixed fee basis of $275 per misdemeanor charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any case where a defendant has been found guilty may also result in appeals to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases that may result from the passage of this bill, and is unable to determine the exact fiscal impact at this time.