HB1818 (2018) Detail

Relative to penalties for certain occupational licensing violations.


HB 1818-FN - AS INTRODUCED

 

 

2018 SESSION

18-2208

10/08

 

HOUSE BILL 1818-FN

 

AN ACT relative to penalties for certain occupational licensing violations.

 

SPONSORS: Rep. Hoell, Merr. 23; Rep. Dyer, Hills. 37; Rep. Itse, Rock. 10; Rep. Harrington, Straf. 3

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill reduces or eliminates the penalties applicable to violations of the statutes or rules regulating various occupations or 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2208

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to penalties for certain occupational licensing violations.

 

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

 

1  Barbering, Cosmetology, and Estheticians; Penalty for Violations.  Amend RSA 313-A:9, I and the introductory paragraph of 313-A:9, II to read as follows:

I.  It shall be a [class A misdemeanor] violation for any natural person[, and a felony for any] or other person, to engage in any practice regulated by this chapter without the appropriate license.

II.  It shall be a [misdemeanor] violation for any person to:

2  Barbering, Cosmetology, and Estheticians; Shop Licensure Violations.  Amend RSA 313-A:19, I to read as follows:

I.  It shall be a [misdemeanor] violation for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a salon, barbershop, or mobile barbershop 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.

3  Landscape Architects; Seals.  Amend RSA 310-A:152 to read as follows:

310-A:152  Certificates; Seals.  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 licensee, have a serial number, and be signed by the chairperson and the secretary of the board under seal 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 licensed landscape architect while the license remains valid.  Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "licensed landscape architect.''  All papers or documents involving the practice of landscape architecture under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them.  It shall be a [class B misdemeanor] violation for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

4  Landscape Architects; Violations.  Amend the introductory paragraph of RSA 310-A:158 to read as follows:

310-A:158  Violations.  It shall be a [class B misdemeanor] violation for any natural person or [a felony] for any business organization to:

5  Septic System Evaluators; Expired or Revoked License.  Amend RSA 310-A:213 to read as follows:

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] violation 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.

6  Septic System Evaluators; Violations.  Amend the introductory paragraph of  RSA 310-A:219, I to read as follows:

I.  It shall be a [class B misdemeanor] violation, for the first offense, and a class [A] B misdemeanor for the second and any subsequent offense, for any natural person to:

7  Septic System Designers and Installers; Violations.  Amend RSA 485-A:43, I and II to read as follows:

I.  Any person who shall violate any of the provisions of this subdivision or who shall knowingly fail, neglect or refuse to obey any order of the department or member or authorized agent of the department issued under the authority of this subdivision, or who shall knowingly make any misstatement of material fact for which said person is personally responsible in connection with an application for an approval pursuant to this subdivision shall be guilty of a [misdemeanor] violation if a natural person[,] or [ of a felony if] any other person.

II.  Any person who knowingly produces any erroneous or fallacious data with regard to any application or plan submitted pursuant to this subdivision shall bear the full responsibility for same, and shall be guilty of a [misdemeanor] violation if a natural person[,] or [guilty of a felony if] any other person.

8  Court Reporters; Penalties.  Amend RSA 310-A:176 to read as follows:

310-A:176  Penalties.

I.  Any person who shall practice or offer to practice as a licensed court reporter in this state for others without being licensed in accordance with this subdivision shall be guilty of a [class A misdemeanor] violation if a natural person[,] or [guilty of a felony if] a business organization.

II.  Any person who violates any other provision of this subdivision shall be guilty of a [class A misdemeanor] violation.

9 Auctioneers; Penalties.  Amend RSA 311-B:12 to read as follows:

311-B:12  Penalties.  Any person violating the provisions of RSA 311-B:4, I and not exempt under RSA 311-B:13 shall be guilty of a [misdemeanor] violation if a natural person[,] or [guilty of a felony if] any other person.

10  Athlete Agents; Penalties.  Amend RSA 332-J:13 to read as follows:

332-J:13  Prohibited Conduct[; Penalties].

I.  An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, shall not:

(a)  Give any materially false or misleading information or make a materially false promise or representation.

(b)  Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract.

(c)  Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

II.  An athlete agent shall not:

(a)  Initiate contact with a student-athlete unless registered under this chapter.

(b)  Refuse or fail to retain or permit inspection of the records required to be retained by RSA 332-J:12.

(c)  Fail to register when required by RSA 332-J:3.

(d)  Provide materially false or misleading information in an application for registration or renewal of registration.

(e)  Predate or postdate an agency contract.

(f)  Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.

[III.(a)  An athlete agent who violates any provision of paragraph I is guilty of a class B felony.

(b)  An athlete agent who violates any provision of paragraph II is guilty of a class A misdemeanor.]

11  Athlete Agents; Administrative Penalties Reduced.  Amend RSA 332-J:15 to read as follows:

332-J:15  Administrative Penalty.  Notwithstanding RSA 651:2, IV, the secretary of state may assess a civil penalty against an athlete agent not to exceed [$25,000] $10,000 for a violation of this chapter.

12  Repeal.  The following are repealed:

I.  RSA 331-A:34, II, relative to criminal penalties for unlawful real estate practice

II. RSA 320:22, relative to penalties for sales for religious or benevolent purposes by hawkers or peddlers.

III. RSA 321:21, relative to criminal penalty for violation of itinerant vendor laws.

13  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2208

12/14/17

 

HB 1818-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to penalties for certain occupational licensing violations.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

The Department of State was contacted on November 14, 2017 for a fiscal note worksheet, which they have not provided as of December 14, 2017.

 

METHODOLOGY:

This bill reduces or eliminates penalties for several occupational licensing violations that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how the changes contained in this bill will alter the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2019

FY 2020

Violation Level Offense

$49

$49

Class B Misdemeanor

$50

$51

Class A Misdemeanor

$72

$73

Routine Criminal Felony Case

$457

$462

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Department of Corrections

 

 

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

Many offenses are prosecuted by local and county prosecutors. The Department of Justice indicates it would not be involved in prosecutions or investigations related to this bill and any appeals would be handled within the current budget, thus there is no fiscal impact.  

 

The Office of Professional Licensure and Certification indicates there is no fiscal impact.  

 

AGENCIES CONTACTED:

Judicial Branch, Office of Professional Licensure and Certification, Department of Justice, and  Department of State

 

Links

HB1818 at GenCourtMobile

Action Dates

Date Body Type
Feb. 6, 2018 House Hearing
Feb. 27, 2018 House Exec Session
March 15, 2018 House Floor Vote

Bill Text Revisions

HB1818 Revision: 2407 Date: Dec. 15, 2017, 10:16 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 24
Feb. 6, 2018 Public Hearing: 02/06/2018 11:30 AM LOB 306
Feb. 13, 2018 ==ROOM CHANGE== Subcommittee Work Session: 02/13/2018 01:30 PM LOB 205
Feb. 21, 2018 ==CANCELLED== Subcommittee Work Session: 02/21/2018 01:00 PM LOB 306
Feb. 27, 2018 ==CANCELLED== Subcommittee Work Session: 02/27/2018 09:30 AM LOB 308
Feb. 27, 2018 Executive Session: 02/27/2018 LOB 306
Majority Committee Report: Refer for Interim Study (Vote 14-2; RC)
March 6, 2018 Majority Committee Report: Refer for Interim Study for 03/06/2018 (Vote 14-2; RC) HC 9 P. 68
Minority Committee Report: Ought to Pass
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Refer for Interim Study: MA RC 211-93 03/15/2018 HJ 8 P. 67