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HB 330-FN - AS INTRODUCED

 

 

2025 SESSION

25-0538

06/09

 

HOUSE BILL 330-FN

 

AN ACT relative to establishing penalties for violations of the confidentiality of motor vehicle records.

 

SPONSORS: Rep. Ulery, Hills. 13; Rep. Ohm, Hills. 10; Rep. C. McGuire, Merr. 27; Rep. Aures, Merr. 13; Rep. Slottje, Hills. 13; Rep. DeRoy, Straf. 3; Rep. Roy, Rock. 31; Sen. McGough, Dist 11; Sen. Sullivan, Dist 18

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes restrictions and penalties related to the handling of driver's license information.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0538

06/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to establishing penalties for violations of the confidentiality of motor vehicle records.

 

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

 

1  Findings.  The general court finds that residents of New Hampshire have a constitutional right to privacy and that driver's licenses are government-issued collections of private, personal information obtained for the benefit of the legal residents of New Hampshire.  As such, the data contained on a driver's license, kept, stored, or retained by the state, other than a person's name as held out to the public, is privileged, private, and confidential.

2  New Subparagraphs; Powers and Duties; Records and Certification.  Amend RSA 260:14, II by inserting after subparagraph (b) the following new subparagraphs:

(c) Copies of driver licenses may not be copied, retained, or scanned for any purposes other than governmental ones, including, but not limited to, voting, use by a notary public or justice of the peace, or judicial orders. Nothing shall prevent a driver’s license from being requested to be displayed or shown to verify identity in order to comply with a governmental requirement. Corporate policies of using government documents and retaining personal information are never allowed.

(d) Release or use of any information retained by a non-governmental private entity is a misdemeanor if committed by a real person and a felony if committed by an entity other than a real person. Use of retained, scanned, or copied personal identification as defined in this chapter may result in a fine of no less than $100,000 payable to the person whose information was obtained, along with lifetime identity theft protection for that same person. If there is a data breach resulting in the compromise of illegally retained personal identification information, a fine of $100,000 per person compromised shall be imposed.

3  Effective Date.  This act shall take effect January 1, 2026.

 

LBA

25-0538

12/29/24

 

HB 330-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to establishing penalties for violations of the confidentiality of motor vehicle records.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source

None

*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association