SB399 (2010) Detail

Allowing the fish and game department to charge fees for the release of department records.


SB 399-FN – AS INTRODUCED

2010 SESSION

10-2844

10/09

SENATE BILL 399-FN

AN ACT allowing the fish and game department to charge fees for the release of department records.

SPONSORS: Sen. Letourneau, Dist 19; Rep. Kurk, Hills 7; Rep. Packard, Rock 3; Rep. Chandler, Carr 1; Rep. Stohl, Coos 1; Rep. Rodeschin, Sull 2

COMMITTEE: Wildlife, Fish and Game and Agriculture

ANALYSIS

This bill allows the fish and game department to charge a fee for the release of certain department records excluding personal information. The executive director shall adopt rules establishing fees and procedures for administration.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2844

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT allowing the fish and game department to charge fees for the release of department records.

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

1 New Section; Fish and Game; Release of Department Records; Fees. Amend RSA 206 by inserting after section 23-c the following new section:

206:23-d Release of Department Records; Fees Authorized.

I. In this section:

(a) “Fish and game records” means all applications, reports, registrations, histories, summaries, correspondence, certificates, and licenses issued or revoked by the department and the information, including personal information, contained in them.

(b) “Personal information” means information in fish and game records that identifies a person, including a person’s photograph or computerized image, driver’s license or other personal identification number, credit card and other financial account numbers, date of birth, name, address excluding the 5-digit zip code, cell phone or telephone number, and medical or disability information.

II. Notwithstanding the provisions of RSA 91-A:10, the fish and game department may charge reasonable fees for the release of fish and game records, excluding personal information unless the department first obtains the written consent of the person to whom the personal information relates through the use of a check-off box on the form containing the information. In determining the reasonable fee, the department shall consider factors such as labor and production costs and the market value of the information. All such fees received shall be deposited in the fish and game fund.

III. The executive director may limit the personal information contained in fish and game records released to any person under this section if it is determined by the executive director that the release of certain personal information is:

(a) Unrelated to the purpose for which fish and game records are requested;

(b) A violation of any other statute protecting personally identifiable information, including personal information; or

(c) Likely to cause greater harm to the individual to whom the personal information relates, including an invasion of his or her privacy, than the benefit to the department from the additional revenue.

IV. The executive director of fish and game shall adopt rules under RSA 541-A to establish fees authorized in paragraph II and to implement procedures for the administration of this section.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2844

01/12/10

SB 399-FN - FISCAL NOTE

AN ACT allowing the fish and game department to charge fees for the release of department records.

FISCAL IMPACT:

      The Fish and Game Department states this bill will increase state fish and game revenues and expenditures in FY 2010 and each fiscal year thereafter. There is no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

    The Fish and Game Department states this bill allows the Department to charge a fee for the release of certain Fish and Game records and requires the executive director to adopt rules to establish fees and procedures for administration. The Department expects that the fees adopted in rules will cover the labor and production costs and at times, the market value of the information. The Department currently responds to regular requests for information under RSA 91-A (release of statistical tables and limited data sets for research), insurance companies and others for inquires about fatalities, personal injury or property damages, accident reports, search and rescue reports, and mailing list requests for licensees and registrants. The Department states the increase in fish and game revenues and expenditures is indeterminable.

Links

SB399 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB399 Revision: 17279 Date: Jan. 13, 2010, midnight

Docket