Bill Text - SB383 (2022)

Relative to land surveying services.


Revision: March 23, 2022, 9:34 a.m.

SB 383-FN - AS AMENDED BY THE SENATE

 

03/17/2022   0827s

2022 SESSION

22-3048

08/10

 

SENATE BILL 383-FN

 

AN ACT relative to land surveying services.

 

SPONSORS: Sen. Ricciardi, Dist 9; Rep. Dolan, Rock. 5

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill provides for land surveying nonresident licensure and civil penalties for unlicensed land surveyor practice.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/2022   0827s 22-3048

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to land surveying services.

 

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

 

1  Violations and Penalties.  Amend RSA 310-A:72 to read as follows:

310-A:72  Violations and Penalties.

I.  Any person who shall practice or offer to practice land surveying in this state for others without being licensed in accordance with this subdivision, or any person presenting or attempting to use as one's own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or non-existent or revoked license or authorization, or any person who shall violate any of the provisions of this subdivision shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if a business organization.

II.  In addition to the criminal penalties in paragraph I, any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a professional land surveyor or surveyor intern without being licensed or exempt under this section shall, in addition to any other penalty provided by law, pay a civil penalty to the board in an amount not to exceed $10,000 for each offense, as determined by the board.  The civil penalty shall be assessed by the board after a hearing is held in accordance with this subdivision regarding the provision of a hearing for the discipline of a licensee.  The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty.  The order shall constitute a final judgment and may be filed and executed in the same manner as any judgment from any court of record.

III.  The board may investigate any actual, alleged, or suspected unlicensed activity.

2  New Section; Nonresident Licensure.  Amend RSA 310-A by inserting after section 63 the following new section:

310-A:63-a  Nonresident Licensure.  The board may, upon application and payment of the required fee, issue a license as a licensed land surveyor to any person of any state, territory, or possession of the United States or of any country provided that:

I.  The applicant is registered or licensed in another state, territory, possession or country whose requirements are equal to, or greater than, the requirements of this state, and is in good standing with the registering or licensing body, or;

II.  The applicant has met the requirements for licensure as set forth in RSA 310-A:63, I-II.

3  Effective Date.  This act shall take effect January 1, 2023.

 

LBA

22-3048

Amended 3/21/22

 

SB 383-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDEMENT #2022-0827s)

 

AN ACT relative to land surveying services.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2023 through 2025.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification