Bill Text: NH HB1260 | 2020 | Regular Session | Introduced
Bill Title: Relative to penalties for certain occupational licensing violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-19 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/19/2020 House Journal 4 P. 12 [HB1260 Detail]
Download: New_Hampshire-2020-HB1260-Introduced.html
HB 1260-FN - AS INTRODUCED
2020 SESSION
20-2615
10/03
HOUSE BILL 1260-FN
AN ACT relative to penalties for certain occupational licensing violations.
SPONSORS: 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2615
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
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, 2021.
20-2615
10/24/19
HB 1260-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to penalties for certain occupational licensing violations.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
METHODOLOGY:
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. | ||
Department of Corrections |
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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 |
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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:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, New Hampshire Association of Counties, and Office of Professional Licensure and Certification
