HB 158 – AS AMENDED BY THE HOUSE
16Mar2011… 0643h
2011 SESSION
05/10
HOUSE BILL 158
AN ACT relative to the misuse of social security numbers.
SPONSORS: Rep. Renzullo, Hills 27; Rep. Kurk, Hills 7
COMMITTEE: Criminal Justice and Public Safety
This bill creates a cause of action against persons who misuse social security numbers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2011… 0643h
11-0268
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the misuse of social security numbers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Misuse of Social Security Number. Amend RSA 275-A by inserting after section 4-a the following new section:
275-A:4-b Misuse of Social Security Numbers.
I. Any person whose social security number has been used by another for identification purposes shall have a civil cause of action against:
(a) The person who misused the number with fraudulent intent.
(b) Any individual who knowingly supplied or aided in obtaining false social security documentation.
(c) Any employer who knows or should have known the documentation is false.
II.(a) Any employer who receives a failed verification from the Social Security Administration and takes no action is deemed to have presumptive knowledge that the number has been misused.
(b) Any employer who receives a failed verification from the Social Security Administration and makes a reasonable effort to resolve the discrepancy shall have a defense to the cause of action.
III. Damages awarded by the court shall be treble damages or $10,000, whichever is greater, plus reasonable attorney’s fees and any costs incurred to correct the records of the aggrieved party.
2 Effective Date. This act shall take effect January 1, 2012.