HB 1818-FN - AS INTRODUCED
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
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:
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.
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.
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.
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:
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.
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.
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.
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.]
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.
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.
HB 1818-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
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.
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.
Violation Level Offense
Class B Misdemeanor
Class A Misdemeanor
Routine Criminal Felony Case
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
FY 2017 Annual Marginal Cost of a General Population Inmate
FY 2017 Average Cost of Supervising an Individual on Parole/Probation
NH Association of Counties
County Prosecution Costs
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.
Judicial Branch, Office of Professional Licensure and Certification, Department of Justice, and Department of State
|Feb. 6, 2018||House||Hearing|
|Feb. 27, 2018||House||Exec Session|
|March 15, 2018||House||Floor Vote|
|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|