HB 1129-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1129-FN
AN ACT relative to wetlands scientists.
COMMITTEE: Executive Departments and Administration
This bill remove wetlands scientists from regulation, certification, and licensing as natural scientists.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2206
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to wetlands scientists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Natural Scientists; Purpose Amended. Amend RSA 310-A:75 to read as follows:
310-A:75 Purpose. The general court finds it in the best interests of the citizens of the state of New Hampshire to establish the board of natural scientists to certify and regulate the professions of soil scientists [and wetland scientists]. This certification is to guard the citizens of New Hampshire and the professions from unqualified practitioners of soil science [and wetland science] and to foster intelligent application of the knowledge of soil properties [and wetland characteristics] in planning and implementing land use decisions consistent with New Hampshire department of environmental services rules or standards adopted by the board.
2 Definition; Reference Removed. Amend RSA 310-A:76, I to read as follows:
I. "Board" means the state board of natural scientists authorized to certify soil scientists [and wetland scientists] pursuant to this subdivision
3 Application; Reference Removed. Amend RSA 310-A:77 to read as follows:
310-A:77 Application. Any person, except as specifically exempted in this subdivision, who practices or offers to practice soil science [or wetland science] for the general public in this state shall be subject to the provisions of this subdivision.
4 Governmental Employees Exemption; Reference Removed. Amend RSA 310-A:79, III to read as follows:
III. The practice of officers and employees of the government of the United States or of the state of New Hampshire while engaged within this state in the practice of the profession of soil science [or wetland science] for the government.
5 Reciprocity; Reference Removed. Amend RSA 310-A:80 to read as follows:
310-A:80 Reciprocity. A nonresident of this state who is certified as a soil scientist [or wetland scientist] in another state may be certified under this subdivision by filing an application with the board accompanied by a copy of such certification in another state, and by paying a fee to the board, provided the applicant's qualifications meet the requirements of this subdivision and the rules adopted by the board. The board may certify applicants under this section, provided that the other state's licensing requirements are substantially equivalent to, or higher than, those of this state, and provided that the other state certifies New Hampshire soil scientists [or wetland scientists] under a similar provision.
6 Composition of Board of Natural Scientists. Amend RSA 310-A:81, I to read as follows:
I. A board of natural scientists is established to administer the provisions of this subdivision. The board shall consist of 7 persons appointed by the governor and council, [2] 4 of whom shall be soil scientists[, 2 of whom shall be wetland scientists who are not also soil scientists,] and 3 of whom shall be public members. The initial professional board members shall meet the educational requirements of RSA 310-A:84, I(a) or II-a, respectively. The public members of the board shall be persons who are not, and never were, members of the soil science profession[, members of the wetland science profession,] or the spouse of any such person, and who do not have and never have had, a material financial interest in either the provision of soil science [or wetland science] services or an activity directly related to soil science [or wetland science], including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
7 Secretary of Board of Natural Scientists; Reference Removed. Amend RSA 310-A:81, VII to read as follows:
VII. The secretary of the board shall provide, upon request, a roster listing the names and places of business of all soil scientists [and wetland scientists] certified under this subdivision by the board. Copies of this roster shall be placed on file with the secretary of state and furnished to the public upon request at a fee to be established by the board. The board may include in such roster any other information it deems appropriate.
8 Applications; Certified Wetlands Scientists Removed. Amend RSA 310-A:86, II to read as follows:
II. Any person who has successfully passed the examination or has otherwise qualified as a certified soil scientist[,] or apprentice soil scientist[, certified wetland scientist, or apprentice wetland scientist,] shall, upon payment of a fee, be issued a certificate attesting that the applicant is a certified soil scientist[,] or apprentice soil scientist[, certified wetland scientist, or apprentice wetland scientist].
9 Certificates; Reference Removed. Amend RSA 310-A:87 to read as follows:
310-A:87 Certificates. Certificates shall show the full name of the certified soil scientist[,] or apprentice soil scientist[, certified wetland scientist, or apprentice wetland scientist,] have a serial number, and be signed by the chairperson and the secretary of the board under seal of the board. Each certified soil scientist [or certified wetland scientist] shall obtain a seal of the design authorized by the board bearing the name of the certified individual, the legend "Certified Soil Scientist" [or "Certified Wetland Scientist," as appropriate,] and a place for the certified individual's signature. Plans and reports prepared by a certified individual shall be stamped with the seal and signed by the certified individual during the life of the certificate.
10 Rulemaking; Reference Removed. Amend RSA 310-A:92, I(e) to read as follows:
(e) Application for certification as an apprentice soil scientist [or apprentice wetland scientist].
11 Misconduct; References Removed. Amend RSA 310-A:93, II(c) and (d) to read as follows:
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of soil science [or wetland science].
(d) Unfitness or incompetency by reason of negligence or willful misconduct by a certified soil scientist [or certified wetland scientist] in the performance of professional duties.
12 Violations; Reference Removed. Amend RSA 310-A:95 to read as follows:
310-A:95 Violations; Penalties. Any person who practices or offers to practice soil science [or wetland science] in this state for others without a certificate in accordance with this subdivision, or any person presenting or attempting to use the certificate or seal of another, or any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a certificate, or any person who falsely impersonates any other certified soil scientist [or certified wetland scientist], or any person who attempts to use an expired or nonexistent or revoked certificate or authorization, or any person who violates 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 any other person.
13 Restraint of Violations; Reference Removed. Amend RSA 310-A:96 to read as follows:
310-A:96 Restraint of Violations. The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:95 on proceedings brought by the attorney general, the board, or any society of certified soil scientists [or certified wetland scientists] duly incorporated under the laws of this state.
14 Repeal. The following are repealed:
I. RSA 310-A:76, II-a, relative to the definition of certified wetlands scientist.
II. RSA 310-A:78, II, relative to business organizations practicing wetlands science.
III. RSA 310-A:81, II (c), relative to wetland scientist board members.
IV. RSA 310-A:84, II-a and II-b, relative to qualifications for wetlands scientist certification.
V. RSA 310-A:85, II, relative to apprentice wetlands scientists.
15 Effective Date. This act shall take effect July 1, 2000.
LBAO
99-2206
10/28/99
HB 1129-FN - FISCAL NOTE
AN ACT relative to wetlands scientists.
FISCAL IMPACT:
The Joint Board is unable to determine the fiscal impact on state revenue and expenditures in FY 2001 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Board stated that wetlands scientists certification law has only been in existence since July 1, 1997. Administrative rules were finalized on November 12, 1998 at which time the certification process began, therefor, the Board has not completed its' first year of certifying individuals. There is a grandfather clause that became effective as soon as the rules were completed and individuals are still in the process of being certified under the grandfather clause. It is expected that after November 12, 1999 the number of candidates seeking certification should stabilize. At this time, there are 44 certified wetlands scientists and 44 applications to be considered for certification. The Board expects to receive a large number of applications between now and November 12, 1999, as individuals submit their applications before the deadline. The Board stated there is no way to estimate the fiscal impact until the numbers of certified individuals stabilizes and the one year deadline under the grandfather clause is completed.