HB 446-FN – AS AMENDED BY THE HOUSE
5Jan2012… 2639h
2011 SESSION
10/05
HOUSE BILL 446-FN
AN ACT repealing the authority for regulation of certain professional occupations.
SPONSORS: Rep. Bowers, Sull 3; Rep. Kurk, Hills 7; Rep. Cohn, Merr 6; Rep. Pratt, Hills 7; Rep. Lambert, Hills 27
COMMITTEE: Executive Departments and Administration
This bill amends the authority for licensure of landscape architects, court reporters, barbering, cosmetology, and esthetics, including tanning facilities, athletic trainers, recreational therapists, hunting and fishing guides, massage therapists, reflexologists, structural integrators, and Asian bodywork therapists to apply only to those that hold themselves out as being licensed or registered in the professions. The bill also repeals the state regulation of hawkers, peddlers, itinerant vendors, and athlete agents.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Jan2012… 2639h
11-0140
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT repealing the authority for regulation of certain professional occupations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Hawkers, Peddlers, and Vendors; Reference to State Regulation Removed. Amend the introductory paragraph of RSA 31:102-a to read as follows:
31:102-a Hawkers, Peddlers, and Vendors. The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a class B misdemeanor, and each continuing day of violation after notice shall constitute a separate offense. A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate’s name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Provisions adopted under this section [shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and] may include, but shall not be limited to:
2 Landscape Architects; Objective. Amend RSA 310-A:140 to read as follows:
310-A:140 Objective. A landscape architect, regulated by this chapter, shall undertake to perform professional services as a licensed landscape architect only when the landscape architect is qualified by education, training, and experience in the specific technical areas involved.
3 Practice of Licensed Landscape Architecture. RSA 310-A:145 is repealed and reenacted to read as follows:
310-A:145 Licensed Practice. No person engaged in a landscape architectural practice in this state shall advertise or hold oneself out to the public as being a licensed landscape architect without obtaining a license issued under this subdivision.
4 Landscape Architects; Violations. Amend RSA 310-A:158, V to read as follows:
V. [Practice landscape architecture or to] Offer, advertise or hold oneself out to the public as being licensed in the practice of landscape architecture in this state without having a current license; or
5 Landscape Architects; Exemptions. Amend RSA 310-A:160 to read as follows:
310-A:160 Exemptions. Nothing in this subdivision shall be construed to prevent or affect:
I. The preparation of details and shop drawings by persons, other than licensed landscape architects, for use in connection with the execution of their work.
II. The preparation of plans, drawings, and specifications for and the supervision of the construction or alteration of landscape design associated with farms, residences, or institutional or commercial uses, where the client or reviewing governmental entity does not require the stamp of a licensed landscape architect.
III. Supervision by builders, or superintendents employed by such builders, of the installation of landscape projects.
IV. Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, wetland scientist, certified professional in erosion and sediment control, natural scientist, soil scientist, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape designer, landscape contractor, irrigation contractor, irrigation designer, garden or lawn caretaker, or grader or cultivator of land, as these terms are generally used, except that no such person shall use the designation “licensed landscape architect,” [“landscape architectural,” or “landscape architecture”] unless licensed as a landscape architect under this [article] subdivision.
V. The practice of architecture by an architect licensed in this state, or the practice of professional engineering or land surveying by a professional engineer or land surveyor licensed in this state, or the preparation of wetland mitigation plans by a wetland scientist, natural scientist, or soil scientist, provided that no such architect, professional engineer, wetland scientist, natural scientist, soil scientist, or land surveyor shall use the designation “licensed landscape architect,” [“landscape architectural,” or “landscape architecture”] unless licensed as a landscape architect in this state.
VI. The practice of landscape architecture by officers and employees of the United States while engaged within the state in the practice of landscape architecture for the federal government.
VII. Professional engineers, when engaged in the lawful practice of engineering under RSA 310-A, from performing engineering work which could be defined in this subdivision as within the practice of the profession of landscape architecture.
6 Court Reporters; Purpose; Licensure. Amend RSA 310-A:161 to read as follows:
310-A:161 Purpose. The purpose of this subdivision is to set appropriate standards for the proper licensure of court reporters, and to establish and maintain a standard of competency for individuals holding themselves out as engaged in the practice of licensed court reporting, to maintain the integrity of the transcription of the spoken word, and to contribute to the protection of the general public thereby.
7 Court Reporters; Use of Title. Amend RSA 310-A:166 to read as follows:
310-A:166 Prohibition of Use of Title. No person may assume or use the title or designation [court reporter,] licensed court reporter, [court recorder, shorthand reporter,] licensed shorthand reporter, [shorthand court reporter,] licensed shorthand court reporter, [shorthand court recorder, verbatim reporter, verbatim court reporter,] licensed verbatim court reporter, [shorthand court recorder, verbatim court recorder,] licensed court recorder, [court stenographer, verbatim court stenographer,] or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the person is such unless the person holds a valid license as prescribed in this subdivision. A licensed court reporter may use the word “shorthand” in his or her title only if that person is licensed in the shorthand reporting method and a licensed court reporter may use the word “verbatim” in his or her title only if that person is licensed in the voice writing method.
8 Court Reporters; License to Practice. Amend RSA 310-A:168 to read as follows:
310-A:168 License [Required] to Practice. Any person advertising or holding themselves out as engaging in, offering to engage in, or appearing to engage in court reporting as a licensed court reporter shall hold a valid license issued under this subdivision, designating the method by which the reporter is licensed to practice.
9 Disciplinary Proceedings; Misconduct. Amend RSA 310-A:174, II(b) to read as follows:
(b) The [practice of court reporting using] use by a licensed court reporter of a reporting method for which the person is not licensed.
10 Barbering; Cosmetology; Esthetics; Licensure. Amend RSA 313-A:9 to read as follows:
313-A:9 Licensure Required.
I. It shall be a class A misdemeanor for any natural person, and a felony for any other person, to [engage in any practice regulated by] advertise or hold oneself out as being licensed under this chapter without the appropriate license.
II. It shall be a misdemeanor for any person to[:
(a) Operate a barbershop, salon, or school unless such establishment is at all times under the direct supervision and management of a professional licensed under this chapter.
(b) Hire or employ any person to engage in a practice regulated by this chapter, unless such person then holds a valid license or a temporary permit issued by the board to practice the respective profession.
(c)] Operate a school, unless it has been licensed by the board and is operated according to rules adopted by the board.
[(d) Engage in the instructing of any activity licensed by this chapter without holding an appropriate license issued under this chapter.]
11 Barbering; Shop License. Amend RSA 313-A:19, I to read as follows:
I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a salon, barbershop, or mobile barbershop which is advertised as a licensed establishment without first having obtained a shop license from the board. Application for such shop license shall be made to the board in writing and shall state the name and address of the owner of such shop, the shop’s address or, in the case of a mobile barbershop, the business mailing address of the owner, and such other information as may be required by the board. Licenses under this section shall be conspicuously posted within the licensed establishment.
12 Inspectors; Licensed Establishments. Amend RSA 313-A:21 to read as follows:
313-A:21 Inspectors.
I. The department of health and human services shall employ inspectors and authorize them to enter and make reasonable examination and inspection of any licensed salon, barbershop, or school during business hours for the purpose of ascertaining whether or not the administrative rules of the board and the provisions of this chapter are being observed. Each inspector shall file a report with the board of such findings with respect to each inspection made. Salaries and necessary expenses of the inspectors shall be charged against the fees and other moneys collected by the board.
II. The commissioner of the department of health and human services shall, with the advice of the board, adopt rules relative to the qualifications for inspectors under this section.
III. Sanitary inspections of all licensed salons, barbershops, and schools shall be made at least twice each year.
13 Apprentices. Amend RSA 313-A:24 to read as follows:
313-A:24 Apprentice Registration.
I. No person shall enter an apprenticeship with a licensed establishment or enroll in a licensed school under this chapter unless such person has registered with the board as an apprentice. The board shall have sole authority to regulate apprentices and apprenticeship within licensed establishments under this chapter.
II. A person applying for registration under this section shall be granted such registration upon:
(a) Submitting proof sufficient to the board to show that such person is at least 16 years of age;
(b) Submitting 3 passport-size photographs;
(c) Paying a fee established by the board; and
(d) Being deemed by the board to be of good professional character.
III. No licensed salon or barbershop shall at any one time have more than one apprentice per licensed professional.
IV. Upon completing the number of hours specified in the board’s apprentice rules, an apprentice shall be eligible to apply to the board for licensure.
14 New Paragraph; Barbering; Cosmetology; Esthetics; Exemptions. Amend RSA 313-A:25 by inserting after paragraph II the following new paragraph:
III. The provisions of this chapter shall not apply to any person engaged in an activity regulated by the board but who does not advertise or hold themselves out as being licensed or registered by the board under this chapter.
15 Tanning Facilities; Registration. Amend RSA 313-A:28 to read as follows:
313-A:28 Registration of Tanning Facility.
I. It shall be unlawful for any person to [engage] advertise or hold oneself out as an operator in the business of operating a tanning facility unless the facility is registered in accordance with this chapter and the registration of such facility is current and valid.
II. Any person, corporation, partnership, association, or other entity operating or intending to open or operate a registered tanning facility within this state shall file a registration statement annually with the board in accordance with rules adopted under RSA 541-A. Such registration statement shall be required for each facility location, shall be duly signed and verified, and shall be posted in a prominent location at the tanning facility. Such registration statement shall include, but not be limited to, the name and the business address of the applicant; if an individual, the name under which the business will be conducted; if a partnership, the name and business address of each member thereof; the name under which the business is to be conducted; if a corporation, the name of the corporation and the name and business address of each of the officers of the corporation; and the place, including the complete mailing address and physical address, where the business is to be conducted. Registration statements shall also list the number and type of tanning devices at each registered tanning facility location.
16 Tanning; Registration Fee. Amend RSA 313-A:29 to read as follows:
313-A:29 Registration Fee Required. No person shall operate a registered tanning facility without paying an annual registration fee established by the board. Registration fees received from each registered tanning facility shall be deposited into the general fund.
17 Tanning; Operational Requirements. Amend the section heading of RSA 313-A:30 and the introductory paragraph of RSA 313-A:30, I to read as follows:
313-A:30 Operational Requirements; Registered Facilities. Each operator of a facility registered under this chapter shall comply with the following:
I. Operators shall have sufficient knowledge in the operation of the tanning devices, including but not limited to:
18 Tanning; Suspension of Operation. Amend RSA 313-A:32 to read as follows:
313-A:32 Suspension of Operation. Upon finding a facility in violation of any of the provisions of RSA 313-A:26-34, the board may order the owner of a registered tanning facility to suspend operation of the facility. Such suspension shall remain in effect until the owner submits proof of compliance with any deficiencies identified by the board. Failure to suspend operation of a registered tanning facility in accordance with a board order shall be subject to a civil penalty of up to $500 for each day that the facility remains in operation after issuance of the board order.
19 Allied Health Professionals; Purpose. Amend RSA 328-F:1 to read as follows:
328-F:1 Purpose. The purpose of this chapter is to regulate allied health professionals in the state to assure that the services provided are effective and of a quality consistent with the standard of care within each profession, and to safeguard the public against harm which may be caused by unqualified[,] or impaired[, or unlicensed] practitioners, and unlicensed persons where applicable.
20 Allied Health Professionals; Disciplinary Action. Amend RSA 328-F:23, II(i) to read as follows:
(i) Practice without a currently valid license, except where permitted.
21 New Paragraph; Allied Health Professional; Unauthorized Practice. Amend RSA 328-F:27 to read as follows:
VI. Nothing in this chapter shall prevent a person who is not licensed as an athletic trainer or a recreational therapist from engaging in activities of those professions provided the person does not advertise or hold themselves out as being licensed to practice.
22 New Paragraph; Athletic Trainers. Amend RSA 326-G:2 by inserting after paragraph III the following new paragraph:
IV. Persons who engage in activities of athletic training but who do not advertise or hold themselves out as being a licensed athletic trainer.
23 Recreational Therapy. Amend RSA 326-J:3 to read as follows:
326-J:3 Prohibition on Unauthorized Practice; Professional Identification.
I. No person shall [practice or] hold oneself out as being [able] licensed to practice recreational therapy [or provide recreational therapy services] in this state unless the person is licensed under this chapter and RSA 328-F. Nothing in this paragraph shall be construed to prohibit students enrolled in board-approved schools or courses in recreational therapy from performing recreational therapy that is incidental to their respective courses of study or supervised work. The board shall adopt rules under RSA 541-A relative to schools or courses allowing students to practice under this paragraph.
II. Licensed recreational therapists may use the letters “TR,” “TRS,” and “CTRS/L” in connection with their name or place of business.
III. A person or business entity, its employees, agents, or representatives shall not use in conjunction with that person’s name or the activity of the business [the words therapeutic recreation specialist, therapeutic recreation, recreational therapy, recreational therapist, recreation therapy, recreation therapist, the letters “CTRS,” “TRS,” or “TR,” or] any other words, abbreviations, or insignia indicating or implying directly or indirectly that licensed recreational therapy is provided or supplied, including the billing of services labeled as recreational therapy, unless such services are provided under the direction of a recreational therapy specialist licensed pursuant to this chapter. A person or entity that violates this paragraph is guilty of a violation for the first offense and guilty of a misdemeanor for any subsequent offense.
24 Fish and Game; Guides. Amend RSA 215:1 to read as follows:
215:1 When Required. No person shall [engage] advertise or hold themselves out as being licensed by the department to be in the business of guiding, until he or she has registered with the executive director and procured [from him] a license so to do.
25 Guides; Penalty. Amend RSA 215:9 to read as follows:
215:9 Penalty. [Whoever] Any licensee who violates any provision of RSA 215 or any rule or regulation of the executive director made thereunder, shall be guilty of a violation, and[, if a licensed guide,] shall forfeit his or her license in the discretion of the executive director.
26 Massage; Intent. Amend RSA 328-B:1 to read as follows:
328-B:1 Regulation of Massage Therapists and Massage Establishments. The general court, to protect the health, safety, and welfare of the people of the state of New Hampshire, establishes a regulatory program for licensed massage therapists, including establishing basic qualifications for licensure of massage therapists.
27 Massage Therapists; Definition. Amend RSA 328-B:2, VIII to read as follows:
VIII. “Massage therapist” means a licensed individual who performs massage for compensation. [Titles used may include: massage therapist, massage practitioner, bodywork practitioner, bodyworker, muscle therapist, massotherapist, or somatic therapist practitioner.] A licensed massage therapist uses visual, kinesthetic, and palpatory skills to assess the body, and may evaluate the client’s condition to the extent of determining whether massage is indicated or contraindicated.
28 Massage Therapy; Prohibited Acts. Amend RSA 328-B:3 to read as follows:
328-B:3 Prohibited Acts. No person licensed by the commissioner shall:
I. Act or advertise as a massage therapist for compensation without holding a current license issued pursuant to this chapter.
II. [Repealed.]
III. Fail to comply with an order of the commissioner issued pursuant to this chapter.
IV. Fail to comply with a rule adopted by the commissioner pursuant to this chapter.
V. Violate any other provision of this chapter.
VI. Hire as an employee massage therapist any person not holding a license issued pursuant to this chapter.
29 New Paragraph; Massage Therapy; Exemptions. Amend RSA 328-B:10 by inserting after paragraph III the following new paragraph:
IV. Nothing in this chapter shall prevent an unlicensed person from engaging in the provision of services of massage therapy as long as the person does not advertise or hold themselves out as being licensed under this chapter.
30 Massage Therapy; Violations. Amend RSA 328-B:11 to read as follows:
328-B:11 Violations; Penalty. Any licensed person practicing massage within the meaning of this chapter, [without first obtaining a license as required by this chapter, or] who violates any of the provisions of, or rules adopted under this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for the first offense. For a subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day such facility shall operate or person shall practice this activity after a first conviction shall be considered a subsequent offense.
31 Reflexologists; Prohibited Acts. Amend RSA 328-H:4 to read as follows:
328-H:4 Prohibited Acts. [No person shall:]
I. No person shall act or advertise as a licensed reflexologist, structural integrator, or Asian bodywork therapist for compensation without holding a current license issued pursuant to this chapter.
II. No licensed person shall:
(a) Fail to comply with an order of the department issued pursuant to this chapter.
[III.](b) Fail to comply with any administrative rule adopted by the department pursuant to this chapter.
[IV.](c) Violate any other provision of this chapter or administrative rules adopted under this chapter.
[V.](d) Hire any person as an employee or independent contractor to perform reflexology, structural integration, or Asian bodywork therapy who does not hold a license issued pursuant to this chapter.
32 Reflexologists; Exemptions. Amend RSA 328-H:13 to read as follows:
328-H:13 Exemptions. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law from performing the occupation for which he or she is licensed. Nothing in this chapter shall prevent an unlicensed person engaged in providing services of reflexology, structural integration, or Asian bodywork therapy as long as the person does not advertise or hold themselves out as being licensed by the commissioner.
33 Reflexology; Violations. Amend RSA 328-H:14 to read as follows:
328-H:14 Violations; Penalty. Any person [practicing] licensed to practice reflexology, structural integration, or Asian bodywork therapy within the meaning of this chapter [without first obtaining a license as required by this chapter, or] who violates any of the provisions of, or rules adopted under this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for the first offense. For a subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day such facility shall operate or person shall practice this activity after a first conviction shall be considered a subsequent offense.
34 New Section; General Administration; Practicing Without a License. Amend RSA 332-G by inserting after section 7 the following new section:
332-G:8 Practice Without a License. Any person who practices an occupation or profession regulated in this title without obtaining a license shall prominently disclose the fact that he or she is not licensed before providing services or before asking a client to sign a contract for services.
35 Repeals. The following are repealed:
I. RSA 320, relative to state licensure of hawkers and peddlers.
II. RSA 321, relative to state licensure of itinerant vendors.
III. RSA 332-J, relative to athlete agents.
IV. RSA 313-A:34, relative to the penalty for an unregistered tanning facility.
V. RSA 328-B:12, relative to injunctive relief for unlicensed massage therapy.
VI. RSA 328-H:7, relative to unlicensed reflexology, structural integration, or Asian bodywork therapy.
VII. RSA 328-H:16 and 17, relative to injunctive relief and temporary authority for unlicensed reflexology, structural integration, or Asian bodywork therapy.
36 Effective Date. This act shall take effect July 1, 2012.
LBAO
11-0140
Revised 02/07/11
HB 446 FISCAL NOTE
AN ACT repealing the authority for regulation of certain professional occupations.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will decrease state general fund expenditures $584,528 in FY 2012, $560,004 in FY 2013, $576,259 in FY 2014, and $593,502 in FY 2015, and decrease state general fund revenues $641,818 in FY 2012, $692,375 in FY 2013, $648,505 in FY 2014, and $707,375 in FY 2015. The Joint Board of Licensure and Certification states this bill will decrease state general fund expenditures by $12,000 in FY 2012 and each year thereafter, and decrease state general fund revenues by $24,000 in FY 2012, $27,000 in FY 2013, and $29,000 in FY 2014 and each year thereafter. The Judicial Council states this bill will decrease state general fund expenditures by $9,187 in FY 2012 and $9,196 in FY 2013, and decrease state general fund revenues by $11,484 in FY 2012 and $11,495 in FY 2013. The Secretary of State states this bill will decrease state general fund revenues by $25,000 in FY 2012 and each year thereafter. The Department of Fish and Game states this bill will decrease state fish and game fund revenue by $14,835 FY 2012 and each year thereafter. The Judicial Branch states this bill may increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The New Hampshire Municipal Association is unable to determine the fiscal impact of this bill on local expenditures or revenues. There will be no fiscal impact on county expenditures, and county or local revenues.
METHODOLOGY:
This bill repeals the regulatory boards and authority for licensure or certification for barbering, cosmetology, and esthetics, including tanning facilities; landscape architecture; court reporting; athletic training; recreational therapy; family mediation; hunting and fishing guides; athletic agents; massage therapists; reflexologists, structural integrators, and Asian bodywork therapists; and hawkers, peddlers, and itinerant vendors.
The Department of Health and Human Services states the Board of Barbering, Cosmetology, and Esthetics; Board of Allied Health Professionals; Massage Therapy Advisory Board; and the Board of Reflexologists, Structural Integrators, and Asian Bodywork Therapists, are administratively attached to the Department. The Department states these boards will be eliminated as a result of the proposed legislation thereby decreasing state revenues generated from the licensing fees charged by the boards. The Department estimates the aggregate decrease in state revenues resulting from the elimination of these boards to be $641,818 in FY 2012, $692,375 in FY 2013, $648,505 in FY 2014, and $707,375 in FY 2015. The Department also notes state expenditures will be decreased by the costs associated with the aforementioned boards thereby decreasing state expenditures by $584,528 in FY 2012, $560,004 in FY 2013, $576,259 in FY 2014, and by $593,502 in FY 2015.
The Joint Board of Licensure and Certification states the licensure of landscape architects and court reporters currently falls under its jurisdiction. The Board states the proposed legislation’s elimination of the Boards authority to issue licenses for these professions will decrease state revenues by the amounts associated with the licensing fees and state expenditures by the associated administrative costs. The Board estimates the decrease in state revenues to be $24,000 in FY 2012, $27,000 in FY 2013, and $29,000 in FY 2014 and each year thereafter. The Board estimates the decrease in state expenditures to be $12,000 in FY 2012 and each year thereafter.
The Judicial Council states the proposed legislation will eliminate the Family Mediator Certification Board. The Council estimates the elimination of this board will decrease state revenues by the amounts associated with the board’s licensing fees, and state expenditures by the costs associated with the administration of the board. The Council estimates the proposed legislation will decrease state revenues by $11,484 in FY 2012 and by $11,495 in FY 2013. The Council estimates the proposed legislation will decrease state expenditures by $9,187 in FY 2012, and by $9,196 in FY 2013.
The Secretary of State states this bill will repeal its authority to regulate hawkers and peddlers, itinerant vendors, and athletic agents. The Secretary estimates loss of revenue from associated license fees would decrease state revenues by $25,000 in FY 2012 and each year thereafter. The Secretary notes there would be no corresponding decrease in state expenditures as a result of the proposed legislation.
The Department of Fish and Game states this bill eliminates the NH guide licenses which allow qualified persons to guide persons for the purpose of taking fish and wildlife. The Department estimates the loss of guide license revenue would decrease state fish and game fund revenue by $14,835 in FY 2012 and each year thereafter. The Department also states the proposed legislation may also have a fiscal impact on fish and game fund expenditures. Currently, guides are required to take a written test and undergo an oral review by the Department. Although, the elimination of the guide licenses would eliminate the associated expenditures, the Department states the resulting impact on the number of and quality of guides in the state may require increased enforcement efforts that would be likely to offset these savings. The Department is unable to estimate to what extent this would impact fish and game fund expenditures.
The Judicial Branch states this bill will have no direct fiscal impact on the Branch. However, the Branch notes court reporters are commonly hired by private attorneys to provide a record of depositions which in turn may be offered as evidence in court cases. The Branch states deregulation of court reporters could potentially have an adverse effect on the quality of these depositions and consequently an indeterminable fiscal impact on the Branch. The Branch also notes RSA 461-A:7 evidences legislative intent in favor of mediating family cases. The Branch states in the event that family mediators were deregulated by the proposed legislation, it would not preclude the Branch’s interest in ensuring that the mediators it appoints in family cases were qualified. Without the current regulatory mechanisms in place to assure the adequate qualifications of family mediators, the Branch would have to establish a means of vetting family mediators to assure they are properly qualified. The Branch is unable to determine the fiscal impact of implementing such a process.
The New Hampshire Municipal Association states although the proposed legislation does not affect the municipalities ability to adopt local ordinances regarding hawkers, peddlers, and itinerant vendors, and therefore does not impact local revenues; the repeal of the state licensing mechanism could potentially increase enforcement costs at the local level. The Association is unable to determine to what extent local expenditures may increase as a result of increased enforcement costs.