HB1587 (2020) Detail

Relative to the regulation and licensing of locksmiths.


HB 1587-FN - AS INTRODUCED

 

 

2020 SESSION

20-2287

10/03

 

HOUSE BILL 1587-FN

 

AN ACT relative to the regulation and licensing of locksmiths.

 

SPONSORS: Rep. Janigian, Rock. 8; Rep. Gay, Rock. 8; Rep. DeClercq, Rock. 8; Rep. Abbott, Ches. 1; Rep. Edgar, Rock. 21; Rep. McBride, Rock. 8

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill establishes the licensure of locksmiths by the office of professional licensure and certification.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2287

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the regulation and licensing of locksmiths.

 

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

 

1  New Subparagraph; Office of Professional Licensure and Certification; Technical Professions; Locksmiths.  Amend RSA 310-A:1-a, I by inserting after subparagraph (r) the following new subparagraph:

(s)  Locksmiths under RSA 323-B:3.

2  New Chapter; Locksmiths.  Amend RSA by inserting after chapter 323-A the following new chapter:

CHAPTER 323-B

LOCKSMITHS

323-B:1  Definitions.  In this chapter:

I.(a)  "Locksmith" means a person engaged in the locksmithing trade, which is defined as the inspection, installation, recombination, rekeying, service, or repair of locks or locking devices.

(b)  The definition of locksmith excludes the following:

(1)  Recombination or rekeying of locks or cylinders by an employee of a retail or wholesale establishment on that employer's property.

(2)  Installation, maintenance, repair, or service of a vending machine.

(3)  Duplication or selling of keys or selling of equipment used to duplicate keys at a retail establishment.

(4)  Work performed by a person at that person's own residence.

II.  "Executive director" means the executive director of the office of professional licensure and certification.

323-B:2  License Required; Penalty.  

I.  No person shall be engaged in the trade of locksmithing in this state without being issued a valid locksmith license issued by the executive director, which shall allow for the inspection, installation, recombination, rekeying services, or repair of locks or locking devices.  No person shall engage in locksmithing, use the title locksmith, or display or use any words, letters, figures, title, advertisement, or other method to indicate said person is a locksmith unless such person has obtained a valid locksmith license from the executive director or is employed by the principal manager of the locksmith business.

II.  Any person who shall practice or attempt to practice the trade of locksmithing in this state without a license or who violates any of the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

323-B:3  Application for License.  

I.  To apply for a locksmith license, the following documentation shall be submitted with a completed locksmith license application:

(a)  Proof that applicant is at least 21 years old.

(b)  Proof of successfully completing coursework at an accredited locksmith school.

(c)  Submission to the executive director of a notarized criminal history records release form as provided by the New Hampshire state police, which authorizes the division of state police, to conduct a criminal history records check through its records and through the Federal Bureau of Investigation and authorizes the release of the applicant's criminal records, if any, to the executive director.  The applicant shall bear the cost of the criminal history records check.

II.  Applications shall be made to the executive director.  The application shall include the applicant's name, residence address, business address, and business telephone number, a question as to whether the applicant has been convicted of a felony in any state or jurisdiction, payment of a fee as determined in rules adopted by the executive director, and such other information as the executive director may require.

III.  A license shall not be granted when an applicant's criminal history records check show that the applicant has been convicted of a crime of theft, fraud, dishonesty, assault, or other violent crime or offense.

IV.  The executive director shall waive the coursework requirement under subparagraph I(b) for an applicant who can prove to the executive director's satisfaction that he or she has been engaged as a locksmith for at least the last 5 years.

323-B:4  Business Licensure.  Any licensed locksmith shall, upon written application accompanied by the required fees, receive a license to operate a locksmith business in this state, provided that the business meets all requirements established in the rules adopted by the executive director.  In order for a business to be issued a license, the owner, partner, or corporate officer who serves as the day-to-day manager of the business, shall be licensed as a locksmith and shall be the principal manager of the locksmith business.

323-B:5  Rulemaking.  The executive director shall adopt rules under RSA 541-A  on the following:

I.  Procedures and forms for applications, criminal history records checks, and the issuance and renewal, suspension, and reinstatement of a license issued under this chapter.

II.  Requirements for issuance of a business license.

III.  The establishment of all fees required under this chapter.

2  Effective Date.  This act shall take effect July 1, 2020.

 

LBAO

20-2287

12/3/19

 

HB 1587-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the regulation and licensing of locksmiths.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$41,805+

$41,805+

$41,805+

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Office of Professional Licensure and Certification Fund (RSA 310-A:1-e, I(b)) and Criminal Records Check Fund  (RSA 106-B:7, II)

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill would require the licensure of persons engaged in the locksmithing trade beginning July 1, 2020.  The Office of Professional Licensure and Certification (OPLC) estimates approximately 1,000 individuals would need to be licensed in New Hampshire and OPLC would require 1/3 of a license clerk position to process license applications.  An existing part-time license clerk would be converted from part-time 29.5 hours per week to full-time 37.5 hours per week as it would not be possible to hire a part-time position for only 8-9 hours per week.  A program assistant II (labor grade 15 step 1) position would be upgraded at the following additional annual costs for salary, benefits and supplies: $32,316 in FY 2021; $33,311 in FY 2022; and $34,905 in FY 2023.

 

OPLC assumes licenses would be renewed every two years and license revenue would cover 125% of estimated costs, with the resulting license fee calculated as follows:  

 

Average annual cost for FY 2021-FY 2023 =  $33,444.  

Average cost of $33,444  x 2 years  x 125% = $83,610 in costs in a 2 year period.  

$83,610  2 year cost / 1,000 locksmiths  = $85 (payable every other year)

 

The Department of Safety indicates the licensure of locksmiths by OPLC will require a criminal history record check, with costs payable by the license applicant.  The potential revenue from an unknown number of prospective licensees is indeterminable and all such revenue will be deposited into the Criminal Records Check Fund pursuant to RSA 106-B:7, II..

 

This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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.

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification, Departments of Safety, Corrections and Justice, Judicial Branch, and New Hampshire Association of Counties

 

Links

HB1587 at GenCourtMobile
HB1587 Discussion

Action Dates

Date Body Type
Feb. 5, 2020 House Hearing
Feb. 12, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1587 Revision: 7228 Date: Dec. 4, 2019, 11:44 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Executive Departments and Administration HJ 1 P. 27
Feb. 5, 2020 Public Hearing: 02/05/2020 10:30 am LOB 306
Feb. 12, 2020 Executive Session: 02/12/2020 10:00 am LOB 306
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
March 11, 2020 Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 20-0; CC)
March 11, 2020 Inexpedient to Legislate: MA VV 03/11/2020