SB 502-FN - AS INTRODUCED
2024 SESSION
24-2875
02/05
SENATE BILL 502-FN
AN ACT relative to the scanning of non-drivers' identification cards by real estate brokers.
SPONSORS: Sen. Carson, Dist 14; Sen. Watters, Dist 4; Sen. Pearl, Dist 17; Sen. Gendreau, Dist 1
COMMITTEE: Judiciary
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ANALYSIS
This bill clarifies that licensed real estate brokers may scan, record, retain, or store electronic information collected with a license holder's consent for a period lasting until the closing date or upon the license holder's request.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2875
02/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the scanning of non-drivers' identification cards by real estate brokers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Drivers' Licenses; Prohibitions. 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, scrap metal dealer, 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, scrap metal dealer, 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, scrap metal dealer, 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. Nor shall this paragraph prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder's consent to a licensed real estate broker for the purpose of identifying ownership as part of a sale of real property. The real estate broker shall not retain the scanned license for a period of longer than the closing date or when requested by the license holder.
2 Effective Date. This act shall take effect January 1, 2025.
24-2875
11/28/23
SB 502-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the scanning of non-drivers' identification cards by real estate brokers.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| April 24, 2024 | House | Hearing |
April 9, 2024: Public Hearing: 04/24/2024 11:30 am LOB 302-304
March 12, 2024: Introduced 03/11/2024 and referred to Commerce and Consumer Affairs
March 7, 2024: Ought to Pass: MA, VV; OT3rdg; 03/07/2024; SJ 6
Feb. 22, 2024: Committee Report: Ought to Pass, 03/07/2024; Vote 5-0; CC; SC 9
Jan. 17, 2024: Hearing: 01/25/2024, Room 100, SH, 09:15 am; SC 4
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1