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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for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.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.
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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 violation for any natural person or other person, to engage in any practice regulated by this chapter without the appropriate license.
II. It shall be a 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 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 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 violation for any natural person or 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 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 violation, for the first offense, and a class misdemeanor,* or 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 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.