SB319 (2006) Detail

(2nd New Title) establishing a task force to study county government, and relative to prohibiting filing with the registry of deeds a document that includes an individual’s social security number or financial information.


CHAPTER 221

SB 319 – FINAL VERSION

02/02/06 0405s

26Apr2006… 1782h

26Apr2006… 2026h

2006 SESSION

06-2001

10/01

SENATE BILL 319

AN ACT establishing a task force to study county government, and relative to prohibiting filing with the registry of deeds a document that includes an individual’s social security number or financial information.

SPONSORS: Sen. Burling, Dist 5; Sen. Fuller Clark, Dist 24; Sen. Clegg, Dist 14; Sen. Hassan, Dist 23; Rep. E. Blanchard, Merr 10; Rep. Phinizy, Sull 5

COMMITTEE: Public and Municipal Affairs

AMENDED ANALYSIS

This bill establishes a task force to study county government. The bill also prohibits, with certain limited exceptions, a person from filing with the registry of deeds a document that includes an individual’s social security number or financial 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/02/06 0405s

26Apr2006… 1782h

26Apr2006… 2026h

06-2001

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing a task force to study county government, and relative to prohibiting filing with the registry of deeds a document that includes an individual’s social security number or financial information.

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

221:1 Task Force Established. There is established a task force to study county government.

221:2 Membership and Compensation.

I. The members of the task force shall be as follows:

(a) Two members of the senate, appointed by the president of the senate.

(b) Four members of the house of representatives, appointed by the speaker of the house of representatives.

(c) Ten members of the house of representatives, each representing a different county, appointed by the chairpersons of the respective county delegations.

(d) Two county commissioners, appointed by the New Hampshire Association of Counties.

(e) One mayor of a city and one selectmen of a town, appointed by the New Hampshire Municipal Association.

(f) One sheriff, appointed by the New Hampshire Sheriff’s Association.

(g) The commissioner of the department of revenue administration, or designee.

(h) The commissioner of the department of health and human services, or designee.

(i) The commissioner of the department of corrections, or designee.

(j) Two public members, appointed by the governor.

II. Members of the task force shall serve without compensation, except that legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

221:3 Duties. The task force shall:

I. Undertake a broad study of the current functions and departments of county government in New Hampshire, including but not limited to a determination of the total cost of operating county government functions, and shall also examine possible new functions of county government.

II. Investigate and determine whether any county government functions can be more efficiently accomplished by the state, or vice versa.

III. Analyze whether there is any duplication of services at the county and state levels that might be handled in a more efficient manner, and analyze whether there are efficiencies that might be accomplished through consolidation or restructuring of county and/or state functions.

IV. Propose changes to New Hampshire law concerning government functions performed at the county or state level.

V. Propose changes in the form of county government, including without limitation the constitution of county delegations, the method of selecting county delegates, the standardization of reporting the budgeting procedures, and other issues relating to uniformity in reporting county operations.

221:4 Scope of Study. It is the intention that this study authorizes the broadest possible review of county government functions, the ways in which those functions are paid for, and cost savings that might be recognized.

221:5 Chairperson; Meetings; Public Forums. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named senate member. The first meeting of the task force shall be held within 45 days of the effective date of this section. The task force shall hold at least one public forum in each county for the purpose of gathering information relevant to the study.

221:6 Report. The task force shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2007.

221:7 New Sections; Registers of Deeds; Social Security Numbers and Financial Information. Amend RSA 478 by inserting after section 4-a the following new sections:

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 deposit 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 deposit 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 deposit 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.

221:8 Effective Date.

I. Section 7 of this act shall take effect March 1, 2007.

II. The remainder of this act shall take effect upon its passage.

Approved: June 1, 2006

Effective: I. Section 7 shall take effect March 1, 2007.

II. Remainder shall take effect June 1, 2006.

Links

SB319 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB319 Revision: 10316 Date: Jan. 21, 2010, midnight

Docket