SB210 (2015) Detail

Relative to regulation of septic system evaluators.


SB 210-FN - AS INTRODUCED

2015 SESSION

15-0511

10/05

SENATE BILL 210-FN

AN ACT relative to regulation of septic system evaluators.

SPONSORS: Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. Cataldo, Dist 6; Sen. Little, Dist 8; Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Pitre, Straf 2

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a board of septic system evaluators for the licensure and regulation of persons engaged in the practice of septic system evaluations.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0511

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to regulation of septic system evaluators.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Joint Board; Septic System Evaluators Added. Amend RSA 310-A:1 to read as follows:

310-A:1 Joint Board Established. There shall be a joint board of licensure and certification for professional engineers, architects, land surveyors, foresters, professional geologists, natural scientists, landscape architects, court reporters, home inspectors, accountants, manufactured housing installers, real estate appraisers, [and] electricians, and septic system evaluators, and the board of manufactured housing, consisting of each of the members of the board of professional engineers, board of architects, state board of licensure for land surveyors, foresters’ board, board of professional geologists, the board of natural scientists, the board of landscape architects, the board of court reporters, the board of home inspectors, the board of accountancy, the real estate appraiser board, the electricians’ board, the manufactured housing installation standards board, [and] the board of manufactured housing, and the board of septic system evaluators.

2 New Subdivision; Septic System Evaluators. Amend RSA 310-A by inserting after section 201 the following new subdivision:

Septic System Evaluators

310-A:202 Purpose. The purpose of this subdivision is to assure that a septic system evaluator performs professional services only when the septic system evaluator is qualified by education and training in the specific technical areas involved.

310-A:203 Definitions. In this subdivision:

I. “Board” means the board of septic system evaluators.

II. “Client” means an individual who pays a fee for a septic system evaluation report.

III. “Code of ethics” means the code of ethics followed by septic system evaluators who are licensed as septic system evaluators by the board.

IV. “Evaluation” means the process by which a septic system evaluator observes and determines the condition of a septic system at a point in time in accordance with the board-approved standards of practice and code of ethics.

V. “Evaluator” means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of septic system evaluations as attested by licensure as a septic system evaluator.

310-A:204 Standards of Practice. The board shall adopt, under RSA 541-A, minimum and uniform standards of practice which shall apply to New Hampshire septic system evaluators and be enforced by the board.

310-A:205 Code of Ethics for New Hampshire Septic System Evaluators.

I. The code of ethics details the core guidelines of septic system evaluator professionalism and ethics.

II. Evaluators shall comply with this code, avoid association with any enterprise whose practices violate this code, and strive to uphold, maintain, and improve the integrity, reputation, and practice of the septic system evaluation profession.

III. In his or her relationship with the general public, the evaluator shall strive to protect the environment and health and welfare of the general public. To this end, the evaluator shall:

(a) Undertake only those jobs which the evaluator is qualified by education, training and experience to perform.

(b) Not practice in any professional field in which the evaluator is not licensed or otherwise authorized to practice.

(c) Make reasonable effort to secure right of entry permission from adjacent property owners, when necessary.

(d) Disclose any financial interest the evaluator has in any project he or she presents for approval before any public agency.

(e) Not sell or donate the use of the evaluator’s signature or seal to anyone.

(f) Not affix the evaluator’s seal or signature to any document relating to the evaluation of a septic system that was not conducted under his or her personal supervision.

(g) Not use the license in any manner, nor state or imply one has such a license, if such license has been suspended, revoked, or terminated.

IV. In the relationship with the client, it is the evaluator’s duty to protect the interests of the client insofar as such interest is consistent with state and federal law. In this relationship, the evaluator shall:

(a) Advise the client of adverse conditions immediately as they arise.

(b) Advise the client of the extent of the evaluator’s services and the extent to which the evaluator is qualified to perform these services prior to negotiating or contracting to perform the work.

V. In the relationship with other professionals, the evaluator shall be aware that other professionals may be involved in different aspects or phases of the same project and that his or her relationship with these professionals shall be no different than his or her relationship with other professionals in general. In this relationship, the evaluator shall:

(a) Not attempt to injure falsely or maliciously either directly or indirectly, the professional reputation, prospects or business of another.

(b) Not contract for completion or extension of another professional’s work until a reasonable attempt to contact the prior professional has been exercised.

(c) Cooperate with other professionals with an interchange of information where such interchange does not conflict with confidential matters between the evaluator and the client.

(d) Strive to encourage contracting on the basis of availability, qualifications, and other like criteria.

(e) Understand that if the evaluator relies on information of another that he or she is responsible for that information, and should verify accordingly.

(f) Not offer to employers or clients his or her services for design or construction of systems, for this may be a conflict of interest.

310-A:206 Board of Septic System Evaluators.

I. A board of septic system evaluators is established to administer the provisions of this subdivision. The board shall consist of 7 persons, as follows:

(a) One member shall be a sewage disposal system designer permitted under RSA 485-A:35, appointed by the governor and council. The system designer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.

(b) Two members shall be sewage disposal system installers permitted under RSA 485-A:36, appointed by the governor and council. Each system installer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.

(c) Two members shall be septage haulers permitted under RSA 485-A:4, XVI-a, appointed by the governor and council. The septage hauler members shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.

(d) One shall be a public member, appointed by the governor and council. The public member of the board shall be a person who is not, and never was, a septic system evaluator or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of septic system design, installation, or evaluation services.

(e) One member shall be the commissioner of the department of environmental services, or his or her designee.

II. Initial septic system evaluator appointees to the board shall not be required to hold a current and valid New Hampshire septic system evaluator’s license, but shall have been actively practicing septic system evaluations for a minimum of 3 years prior to appointment.

III. Each member of the board shall be a citizen of the United States and a resident of this state.

IV. No member of the board may be associated with the formal education for septic system evaluators, or be a provider or an employee of a provider for continuing education for any profession or trade certified under this subdivision.

V. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member’s term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1.

VI. Members of the board shall receive $25 for each day actually engaged in the duties of their office and shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.

VII. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. Four members shall constitute a quorum.

VIII.(a) The board shall keep a record of its proceedings and a register of all applications for licensure, which shall show:

(1) The name, age, and residence of each applicant.

(2) The date of application.

(3) The place of business of such applicant.

(4) The applicant’s educational and other qualifications.

(5) Proof of passing the septic system evaluator exam.

(6) Whether the applicant was rejected and the reasons for such rejection.

(7) Whether a license was granted.

(8) The date of the action of the board.

(9) Such other information as may be deemed necessary by the board.

(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. Biennially, as of December 31, the board shall submit to the governor a report of the transactions of the preceding biennium, and a complete statement of the receipts and expenditures of the board.

IX. The secretary of the board shall publish a roster listing the names and addresses of all septic system evaluators certified under this subdivision by the board during February of each even-numbered year. Copies of this roster shall be sent to each person so certified, placed on file with the secretary of state, and furnished to the public upon request at a fee to be established by the board. The board may include in such roster any other information it deems appropriate.

X. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board’s responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys’ fees arising from claims and suits against them with respect to matters to which such immunity applies.

310-A:207 Rulemaking Authority.

I. The board shall adopt rules, pursuant to RSA 541-A, relative to:

(a) The application procedure for a license to practice under this subdivision.

(b) The qualifications of applicants in addition to requirements of this subdivision, and including the qualifications for satisfactory evidence of good professional character.

(c) Procedures for auditing applicants and license holders.

(d) How a license to practice under this subdivision shall be renewed or reinstated, including late fees and any requirements for continuing education.

(e) The establishment of all fees required under this subdivision.

(f) Disciplinary actions by the board that shall be implemented for violations of the standards of practice, code of ethics, and rules adopted by the board.

(g) Procedures for the conduct of hearings consistent with the requirements of due process.

(h) Procedures for approving education courses for eligibility for licensure and for a continuing education program.

(i) How an applicant shall be examined, including the time, place, type, and form of the examination.

(j) The design of an official seal.

(k) The establishment of administrative fines which may be levied in the administration of this subdivision.

II. The board shall adopt one eligibility examination required for licensure that is an independent recognized examination.

III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules or amendments thereto, to all affected professionals licensed by the board.

310-A:208 Fees. The board shall adopt rules, under RSA 541-A, which shall establish fees required under this subdivision, which shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply, including the following:

I. Application for licensure.

II. Renewal for license holders.

III. Late fees for a late renewal of a license.

IV. Replacement of a lost or mutilated license.

V. Transcribing and transferring records and other services.

VI. Reinstatement fees.

VII. Other fees or fines deemed necessary by the board.

310-A:209 License Required. Beginning January 1, 2017, no person shall practice as a septic system evaluator or conduct septic system evaluations in this state without a septic system evaluator’s license issued by the board under this subdivision.

310-A:210 Eligibility Requirements for Licensure as a Septic System Evaluator.

I. Each applicant for licensure as a septic system evaluator shall meet the following minimum requirements:

(a) Completion of classroom and field training at a board-approved evaluator course.

(b) Proof of passing the board-adopted examination required for licensure.

(c) Have successfully completed high school or its equivalent.

(d) Be at least 18 years of age.

(e) Submit to the board a notarized criminal history records release form as provided by the New Hampshire state police, which authorizes the release of the applicant’s criminal records, if any. The applicant shall bear the cost of the criminal records check.

II. A person who currently holds a current Granite State Septic System Certified Evaluator designation shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a) or I(b). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of such designation.

III. A person who was actively engaged in the business of septic system evaluation in this state as a means of his or her livelihood for at least 5 years preceding the effective date of this subdivision shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a) or I(b). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of the knowledge and experience equivalent to the requirements of subparagraph I(a) and I(b).

IV. All applicants shall meet the requirements of subparagraphs I(c) through (e), pay an initial fee, and fulfill all other license application requirements.

V. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.

VI. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:

(a) Conviction for commission of a felony;

(b) Misstatement of facts by the applicant in connection with the application;

(c) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or

(d) Practicing septic system evaluations without being licensed in violation of laws of the jurisdiction in which the practice took place.

310-A:211 License Applications.

I. Applications for licensure shall be on forms prescribed and furnished by the board.

II. Applicants shall include the following:

(a) Proof of required education.

(b) Proof of passing the eligibility testing requirements.

(c) Payment of applicable fees.

(d) Any other attachments as required by the board.

III. If the board denies the issuance of a license to any applicant, any fee paid shall be retained as an application fee.

310-A:212 Continuing Education. Evidence satisfactory to the board of the completion in each 2-year renewal period of a minimum of 6 continuing education units in approved evaluator courses shall be required for license renewal. The board shall approve educational courses and activities that would further the professional competence of license holders. The continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.

310-A:213 Issuance of Licenses. The board shall issue a license upon payment of the license fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the license holder, have a serial number, and be signed by the chairperson or the secretary of the board. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a certified septic system evaluator while the license remains valid. It shall be a class B misdemeanor for the license holder to perform septic system evaluations after the license of the evaluator has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

310-A:214 Reciprocity. If, in the determination of the board, another state grants reciprocity to residents of this state and is deemed to have state requirements equal to or exceeding those of this state, the board may enter into a reciprocity agreement allowing applicants who are certified under the laws of such other state to obtain a license as a septic system evaluator in this state upon such terms and conditions as may be determined by the board.

310-A:215 Expiration and Renewals.

I. The board shall send, by mail or otherwise, notification of the impending license expiration to each license holder at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. License holders in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.

II. All licenses issued by the board shall expire on the last day of the license holder’s month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the license holder’s name shall be removed from current status, and application for reinstatement shall be required to return to current status. The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee. Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. If a license holder fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the license holder shall be required to reapply and to be re-examined for licensure.

III. License holders who have been activated by the military shall be exempt from any penalties or fees for renewal or reinstatement due to their absence, as approved by the board.

310-A:216 Disciplinary Action.

I. The board may undertake disciplinary proceedings:

(a) Upon its own initiative; or

(b) Upon written complaint of any person which charges that a person certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.

(b) Conviction of a felony or any offense involving moral turpitude.

(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(d) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the license holder.

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the license holder unfit to practice under this subdivision.

(f) Mental or physical incompetence to practice under this subdivision.

(g) Willful or repeated violation of the provisions of this subdivision.

(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

(i) Violations of the code of ethics for septic system evaluators, or any other rule adopted by the board.

(j) Providing false testimony before the board.

(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.

(l) Knowingly making or signing any false statement, license, or affidavit in connection with the practice of septic system evaluations.

310-A:217 Hearings.

I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.

II.(a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.

(b) The board may issue subpoenas with the approval of the office of the attorney general.

(c) A minimum of 10 business days’ notice shall be given for compliance with a subpoena under this subdivision.

III. At any hearing, the named person or license holder shall have the right to:

(a) Appear in person, by counsel, or both.

(b) Produce evidence and witnesses.

(c) Cross-examine witnesses.

IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.

V. The board, upon making an affirmative finding under RSA 310-A:216, II, may take disciplinary action in any one or more of the following ways:

(a) By written reprimand.

(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.

(c) By revocation of a license.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

(e) By requiring the person to practice under the direct supervision of a licensed septic system evaluator for a period of time specified by the board.

(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.

(g) By requiring the septic system evaluator to obtain insurance against loss, expense, and liability resulting from errors and omissions or neglect in the performance of services as a septic system evaluator.

VI. Any applicant or license holder aggrieved by an action of the board denying, suspending, refusing to renew, or revoking his or her license may appeal the decision in accordance with RSA 541.

VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys’ fees, as a condition of probation or reinstatement.

VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

310-A:218 Reissuance of Licenses. The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a fee shall be charged for such issuance.

310-A:219 Violations; Penalty. It shall be a class B misdemeanor for any natural person or a felony for any business organization to:

I. Present or attempt to use the license of another as one’s own;

II. Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;

III. Falsely impersonate any other license holder of like or different name;

IV. Attempt to use an expired or revoked license;

V. Beginning January 1, 2017, practice septic system evaluations or to offer, advertise, or hold oneself out to the public as being in the practice of septic system evaluation in this state without a license; or

VI. Violate any of the provisions of this subdivision.

310-A:220 Restraint of Violations. The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:219 on proceedings brought by the attorney general, the board, or any society of septic system evaluators duly incorporated under the laws of this state.

310-A:221 Exemptions. Nothing in this subdivision shall be construed to prevent or affect:

I. A person who is employed by a governmental entity from evaluating septic systems if the inspection is within official duties and responsibilities.

II. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include performing an evaluation of a septic system if the person does not receive separate compensation for the evaluation work.

III. A person who is regulated in another profession from acting within the scope of that person’s license, registration, or licensure.

3 Effective Date. This act shall take effect January 1, 2017.

LBAO

15-0511

01/23/15

SB 210-FN - FISCAL NOTE

AN ACT relative to regulation of septic system evaluators.

FISCAL IMPACT:

      The Joint Board of Licensure and Certification, Department of Justice, and Judicial Branch state this bill, as introduced, will increase state general fund revenue and expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county or local revenue and expenditures.

      The Office of Legislative Budget Assistant is awaiting information from the New Hampshire Association of Counties relative to the potential fiscal impact of this bill. The Association was contacted on 12/30/14 to provide the information.

METHODOLOGY:

      The Joint Board of Licensure and Certification states this bill establishes a Board of Septic System Evaluators within the Joint Board. Septic system evaluators conducting business in the State of New Hampshire will be required to become licensed. The Joint Board states it has no information regarding the actual number of potential candidates for licensure and is therefore unable to determine the number of septic system evaluators that would be seeking licensure and paying the associated fees. General fund revenue and expenditures (in the form of the Board’s administrative costs) will increase by an indeterminable amount, depending on the fee established and the number of candidates for licensure. Per proposed RSA 310-A:208, revenues from fees shall be sufficient to produce revenues equal to 125 percent of the direct operating expenses of the Board. The bill’s effective date is January 1, 2017; although the Joint Board is unable to determine staffing needs (and hence staff-related expenditures) for the new Board, it does project non-staff expenses of $2,065 in FY 2017 and $4,680 in FY 2018. These expenditures will consist of such items as current expense (postage, supplies, etc), transfers to the Department of Information Technology, transfers to General Services within the Department of Administrative Services, telecommunications, and in-state travel for Board members.

      The Department of Justice states the new Board will require approximately 20 hours from an assistant attorney general within the Department’s Civil Bureau to assist it with the promulgation of rules. Additional time will be required to assist the Board with the enforcement of violations. In addition, the Civil Bureau will provide general legal counsel related to the Board. The Department estimates that, on average, the Board will require between 50 and 100 hours of time of an assistant attorney general, depending on the number of administrative enforcement actions that may arise and the amount of general legal counsel the Board may require. If the Administrative Prosecutions Unit investigates and prosecutes the administrative violations contained within the bill, the services of an assistant attorney general, investigator, and paralegal will be necessary to investigate and prosecute administrative violations. The Department states it is unable to determine how many cases will be generated, and therefore is unable to predict how much additional time will be necessary. The Department further states that criminal violations under the bill would typically be prosecuted by a county or local prosecutor. There may be some fiscal impact to the Department in instances when an appeal is taken to the New Hampshire Supreme Court. Because it is difficult to estimate how many cases will be generated, or if any of these cases will be appealed to the Supreme Court, the Department states the fiscal impact cannot be projected.

      The Judicial Branch states this bill contains several provisions with a potential fiscal impact on the Branch: (1) proposed RSA 310-A:213 and :219 provide for potential class B misdemeanors; (2) proposed RSA 310-A:219 provides for a potential felony offense; (3) proposed RSA 310-A:220 provides for potential injunction actions brought in the superior court by the attorney general, the Board of Septic System Evaluators, or any society of septic system evaluators duly incorporated under New Hampshire law; and (4) decisions of the Board of Septic System Evaluators are appealable pursuant to proposed RSA 310-A:217, VI to the New Hampshire Supreme Court. The Branch has no information on which to estimate how many cases of each type will be prosecuted as a result of the bill. With respect to (1), the Branch projects that the average cost of a misdemeanor B case will be $51 in FY 2017. With respect to (2), the Branch projects the average cost of a felony case will be $453 in FY 2017. With respect to (3), such cases are classifies as complex equity cases, which the Branch projects to cost $712 in FY 2017. With respect to (4), the Branch projects that even one case appealed to the New Hampshire Supreme Court may result in a fiscal impact exceeding $10,000.

      The Judicial Council states this bill will have no fiscal impact.