HB323 (2005) Detail

Relative to excluding social security numbers and other information from documents filed with registries of deeds.


HB 323-FN – AS AMENDED BY THE SENATE

30Mar2005… 0867h

05/26/05 1521s

2005 SESSION

05-0129

05/01

HOUSE BILL 323-FN

AN ACT relative to excluding social security numbers and other information from documents filed with registries of deeds.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill prohibits, with certain limited exceptions, a person from filing with the registry of deeds a document that includes an individual’s social security number. The bill also permits an individual to request that the register of deeds redact the individual’s social security number, credit card number, or other financial account numbers from records that were filed prior to January 1, 2006 and are available on the internet.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0867h

05/26/05 1521s

05-0129

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to excluding social security numbers and other information from documents filed with registries of deeds.

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

478:4-b Records; Social Security Numbers and Financial Information.

I. The preparer of a document shall not include an individual’s social security number, credit card number, or other financial account numbers in a document that is prepared and presented for recording in the office of the register of deeds. This paragraph shall not apply to state or federal tax liens, certified copies of death certificates, and other documents required by law to contain such information that are filed or recorded in the office of the register of deeds. For the purpose of this section, “preparer” shall mean the person who drafts the documents that are recorded with the register of deeds. Preparer shall not include any person who hires, requires, refers, pays, or requests that the documents be drafted or recorded.

II. If a deed or instrument that includes an individual’s social security number, credit card number, or other financial account numbers, was filed with the register of deeds and is available on the Internet, the individual may request that the register of deeds redact such information from the Internet record. The register of deeds shall establish a procedure by which individuals may request that such information be redacted from its files which are available on the Internet. Upon request, the information shall be redacted.

III. The register of deeds shall comply with an individual’s request to redact his or her social security number, credit card number, or other financial account numbers within 5 business days of the receipt of the request, or sooner, if ordered to do so by a court, for good cause shown.

478:4-c Violation; Enforcement. An individual aggrieved by a violation of RSA 478:4-b, I may bring against the preparer:

I. An action to enjoin such violation.

II. An action to recover actual monetary loss from such a violation, or to receive up to $1,000 in damages for each such violation, whichever is greater.

III. Both such actions.

3 Effective Date.

I. RSA 478:4-b, III as inserted by section 1 of this act of this act shall take effect March 1, 2006.

II. The remainder of this act shall take effect January 1, 2006.

LBAO

05-0129

12/27/04

HB 323-FN - FISCAL NOTE

AN ACT relative to excluding social security numbers and other information from documents filed with registries of deeds.

FISCAL IMPACT:

      The Judicial Branch states this bill will increase state expenditures by an indeterminable amount in FY 2006 and each year thereafter. The Association of Counties states this bill will increase county expenditures by $31,200 in FY 2006 and FY 2007. This bill will have no fiscal impact on state, county, and local revenue or local expenditures.

METHODOLOGY:

    The Judicial Branch states this bill will exclude social security numbers, credit card numbers, and other financial account numbers from documents filed with the registry of deeds. The Office states that violations of this proposed statute will give individuals two potential causes of action. The two causes of action would be for an injunction, and for actual monetary loss or $1,000 for each violation, whichever is greater. Injunction actions would be processed in the Superior Court, and damage actions could be processed in either the District or the Superior Court depending on the amount involved. The Branch states that the possibility exists for one or more large damage actions resulting from an identity theft as a result of a number being wrongly filed in the registry of deeds, and the potential for large damage actions means there is a potential for a fiscal impact to the Branch. The number of resulting cases and the exact fiscal impact of this bill cannot be determined at this time.

    The Association of Counties estimates that each registry of deeds will require four additional work hours to comply with the requirements of this bill at an average cost of $15 per hour. The Association estimates the cost across the ten counties will total $600 per week, or $31,200 (52 weeks) in FY 2006 and 2007.

    The Department of State states this bill will have no fiscal impact on the Department.

Links

HB323 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB323 Revision: 8787 Date: Jan. 21, 2010, midnight

Docket