HB 77-FN - AS INTRODUCED
2025 SESSION
25-0093
07/05
HOUSE BILL77-FN
AN ACTprohibiting businesses from scanning individuals' licenses when selling alcohol or tobacco products.
SPONSORS:Rep. Verville, Rock. 2; Rep. Ammon, Hills. 42
COMMITTEE:Commerce and Consumer Affairs
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ANALYSIS
This bill prohibits a business from scanning an individual's license when selling alcohol or tobacco products.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0093
07/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTprohibiting businesses from scanning individuals' licenses when selling alcohol or tobacco products.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibiting Scanning of Licenses. Amend RSA 263:12, X to read as follows:
X. [Knowingly scan]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 prohibit any person selling alcohol or tobacco products from scanning, recording, retaining, or storing, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license. 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 60 days after its passage.
LBA
25-0093
11/12/24
HB 77-FN- FISCAL NOTE
AS INTRODUCED
AN ACTprohibiting businesses from scanning individuals' licenses when selling alcohol or tobacco products.
FISCAL IMPACT:
Estimated State Impact
FY 2025 FY 2026 FY 2027 FY 2028
Revenue $0 $0 $0 $0
Revenue Fund None
Expenditures* Indeterminable
Funding Source General Fund
Appropriations* $0 $0 $0 $0
Funding Source None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025 FY 2026 FY 2027 FY 2028
County Revenue $0 $0 $0 $0
County Expenditures Indeterminable
Local Revenue $0 $0 $0 $0
Local Expenditures Indeterminable
Estimated State Impact
FY 2025
FY 2026
FY 2027
FY 2028
Revenue
$0
$0
$0
$0
Revenue Fund
None
Expenditures*
Indeterminable
Funding Source
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025
FY 2026
FY 2027
FY 2028
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