HB358 (2015) Detail

Relative to driver's license information obtained by pawnbrokers and secondhand dealers.


CHAPTER 228

HB 358 – FINAL VERSION

04/30/2015 1349s

24June2015… 2324EBA

2015 SESSION

15-0780

08/10

HOUSE BILL 358

AN ACT relative to driver’s license information obtained by pawnbrokers and secondhand dealers.

SPONSORS: Rep. Williams, Hills 4

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill allows pawn brokers and secondhand dealers to retain certain identifying information from a driver’s license.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/30/2015 1349s

24June2015… 2324EBA

15-0780

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to driver’s license information obtained by pawnbrokers and secondhand dealers.

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

228:1 Storage of Personal Information Obtained from a Drivers’ License. Amend RSA 263:12, X to read as follows:

X. Knowingly scan, record, retain, or store, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license, unless authorized by the department. Nothing in this paragraph shall prohibit a person from transferring, in non-electronic form or format, personal information contained on the face of a license to another person, provided that the consent of the license holder is obtained if the transfer is not to a law enforcement agency. Notwithstanding any other provision of law, any person selling alcohol or tobacco who uses due diligence in checking identification to prevent unauthorized sales and purchases of alcohol and tobacco shall not be held responsible for the acceptance of fraudulent identification. Where due diligence is exercised on the part of the seller, the unauthorized purchaser shall be liable for any penalty or fine resulting from the unauthorized sale. This paragraph shall not prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder’s consent as part of a sale of merchandise to a pawnbroker or other secondhand dealer, and submission of such information to law enforcement databases for the sole purpose of identifying sellers of stolen merchandise. The pawnbroker or secondhand dealer shall not retain the scanned information in electronic form transmitted to a law enforcement database, unless required by local regulation, and shall not furnish the information to anyone except a law enforcement officer. The pawnbroker or secondhand dealer may maintain in a log or other document the name and address of the person whose license was scanned along with a description of the items the individual sold, pawned, or purchased, and shall allow such log or document to be examined by a law enforcement official upon request.

228:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 13, 2015

Effective Date: September 11, 2015