HB 1506-FN – AS INTRODUCED
2008 SESSION
05/10
HOUSE BILL 1506-FN
AN ACT establishing a restricted mail registry in the department of justice.
SPONSORS: Rep. Nord, Rock 1; Rep. Kurk, Hills 7; Rep. Beaulieu, Hills 17
This bill establishes a restricted mail registry in the consumer protection and antitrust bureau of the department of justice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2478
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing a restricted mail registry in the department of justice.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Restricted Mail Registry. Amend RSA by inserting after chapter 359-I the following new chapter:
CHAPTER 359-J
359-J:1 Definitions. In this chapter:
I. “Bureau” means the consumer protection and antitrust bureau of the department of justice.
II. “Consumer” means an actual or prospective purchaser, lessee, or recipient of goods and services.
III.(a) “Established business relationship” means a relationship that:
(1) Was formed, prior to the mailing, through a voluntary, 2-way communication between the consumer and the person responsible for the mailing, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties regarding goods or services offered by the person responsible for the mailing;
(2) Has not been previously terminated by either party; and
(3) Currently exists or has existed within the immediately preceding 3 months.
(b) “Established business relationship,” with respect to a financial institution, as defined in the “Gramm-Leach-Bliley Act,” 15 U.S.C. Section 6809, as amended, or an affiliate thereof, includes any situation in which a financial institution or affiliate makes solicitations related to other financial services offered, if the financial institution or affiliate is subject to the requirements regarding privacy of Title V of the “Gramm-Leach-Bliley Act,” 15 U.S.C. Section 6801, et seq., as amended, and the financial institution or affiliate regularly conducts business in New Hampshire.
IV. “Goods and services” mean any goods and services, including real property and any tangible or intangible property as well as licenses or services of any kind.
V.(a) “Solicitation” means communication that is sent through the United States Postal Service or other mail carrier to encourage a consumer to purchase, rent, or invest in goods or services.
(b) “Solicitation” does not include a communication sent:
(1) In response to an express request from the consumer receiving the solicitation.
(2) In connection with an established business relationship.
(3) In response to a referral.
(4) By or on behalf of a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended.
(5) By or on behalf of a political party, political committee, campaign committee, candidate committee, or entity organized under Section 527 of the Internal Revenue Code, as amended.
(6) By or on behalf of a business with 20 or fewer employees.
V. “Registry” means the restricted mail registry established under RSA 359-J:2.
359-J:2 Restricted Mail Registry Established.
I. The bureau shall establish and provide for the operation of a restricted mail registry that contains a list of the mailing addresses of consumers who reside in the state and who choose to not receive solicitations. The information contained in the registry shall be used solely for the purpose of administering and enforcing the registry.
II. A person that sends solicitations to consumers who reside in the state shall purchase from the bureau, for a fee which shall not exceed the cost of administering and maintaining the registry:
(a) The registry; and
(b) Updates to the registry at least every 3 months.
III. A person may not send a solicitation to the mailing address of a consumer who resides in the state more than 45 days after the person obtains the registry or any update of the registry on which the consumer’s mailing address first appears.
359-J:3 Enforcement.
I. The bureau may initiate a civil action against any person that violates this section.
II. A person that violates this section is subject to a fine not exceeding $500 for each violation.
III. In addition to any other remedies available under law, a consumer who receives more than one solicitation in any 12-month period sent by or on behalf of the same person, in violation of this section, may bring a civil action against the person to recover:
(a) Damages not exceeding $500 for each violation;
(b) Injunctive relief; and
(c) Any other relief the court considers appropriate.
IV. A consumer may not bring a civil action against a person for a violation of this section:
(a) More than 2 years after the alleged violation occurred; or
(b) More than 2 years after the termination of an action brought by the state arising out of the same violation.
V. For purposes of this section, each prohibited solicitation is a separate violation.
359-J:4 Rulemaking. The attorney general shall adopt rules, pursuant to RSA 541-A, relative to administration and enforcement of the registry. The rules shall specify:
I. The method by which a consumer may include the consumer’s address in the registry.
II. The length of time for which a consumer’s address will remain in the registry.
III. The method by which a consumer may remove the consumer’s address from the registry.
IV. The method by which a person who wants to send a solicitation to a consumer may purchase the registry, and updates to the registry.
V. The fee for the registry, based on its administrative costs, and the fee for any updates to the registry.
VI. Any other matters relating to the registry that the bureau considers appropriate.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2478
11/29/07
HB 1506-FN - FISCAL NOTE
AN ACT establishing a restricted mail registry in the department of justice.
FISCAL IMPACT:
The Department of Justice has determined this bill will increase state general fund expenditures by an indeterminable amount in FY 2009 and each year thereafter. State general fund revenues will increase by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Justice (DOJ) stated this bill intends to establish a Restricted Mail registry within the DOJ. The registry would contain a list of mailing addresses of consumers in the State of New Hampshire who do not wish to receive solicitations by mail. The bill requires persons or businesses that send solicitations in New Hampshire to purchase the list for the Consumer Protection Bureau of the DOJ as well as updates every three months. The bill proposes enforcement by the Consumer Protection Bureau of the DOJ via civil actions and injunctions for violations of the law. The bill further requires rulemaking by the DOJ relative to the administration and enforcement of the registry, as well as the amount to be charged to solicitors for the registry list and updates. The DOJ indicated the bill would result in increased expenditures caused by: setting up the framework (new technology and database) for keeping the list of “restricted addresses, maintaining the large amount of data comprising the list, billing for the list, rulemaking regarding the administration and costs for the list, and enforcement in the event of violations under the proposed bill. Administration costs are estimated as follows;
FY 2009 |
FY 2010 |
FY 2011 |
FY 2012 | |
Salary ((2) Supervisor II’s) |
$36,075 |
$75,231 |
$78,312 |
$81,588 |
Benefits |
$17,424 |
$39,346 |
$40,957 |
$42,671 |
Equipment |
$7,400 |
$0 |
$0 |
$0 |
Current Expense |
$2,000 |
$0 |
$0 |
$0 |
Total |
$62,899 |
$114,577 |
$119,269 |
$124,259 |
The Department is unable to determine how many businesses would be required to purchase these lists, the price that would be charged for the lists or an estimate of the enforcement costs. This bill does not establish positions or contain an appropriation.