SB 302-FN - AS AMENDED BY THE SENATE

02/24/2022   0792s

2022 SESSION

22-3010

07/10

SENATE BILL 302-FN

AN ACT establishing the personal privacy protection act.

SPONSORS: Sen. Birdsell, Dist 19; Sen. Gannon, Dist 23; Sen. Daniels, Dist 11; Sen. Ward, Dist 8; Sen. French, Dist 7; Sen. Giuda, Dist 2; Rep. Lynn, Rock. 7; Rep. DiLorenzo, Rock. 17; Rep. McLean, Hills. 44

COMMITTEE: Judiciary

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ANALYSIS

This bill prohibits public agencies and public bodies from releasing any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code except in specific circumstances, as well as penalties for the unlawful release of such information.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/24/2022   0792s 22-3010

07/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT establishing the personal privacy protection act.

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

1  New Chapter; Personal Privacy Protection Act.  Amend RSA by inserting after chapter 91-B the following new chapter:

CHAPTER 91-C

PERSONAL PRIVACY PROTECTION ACT

91-C:1  Public Bodies Prohibited Disclosures.   

I.  Public agencies and public bodies shall not disclose or release any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code.

II.  Notwithstanding any law and subject to paragraph III, a public agency or public body shall not:

(a)  Require any individual or entity exempt from federal income tax under section 501(c) of the Internal Revenue Code to provide the public agency with, or otherwise compel the release of, any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code;

(b)  Release, publicize, or otherwise publicly disclose any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code already in possession of the public agency or public body; or

(c)  Request or require a current or prospective contractor or grantee to provide the public agency or public body with a list of entities exempt from federal income tax under section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.

(d)  Release, publicize, or otherwise publicly disclose any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code for the purposes of responding to a request under New Hampshire's freedom of information act as outlined in RSA 91-A.

91-C:2  Exemptions.  This section shall not preclude:

I.  Any report or disclosure required by the following laws or successor provisions thereto:

(a)  RSA 14-C relative to gifts for legislators and legislative employees;

(b)  RSA 15 relative to lobbyists;

(c)  RSA 15-A relative to financial disclosures; and

(d)  RSA 664 relative to political expenditures and contributions.

II.  A public body or agency from releasing a person's status as a member, volunteer, or donor of any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code that was voluntarily released by the person during meetings open to the public.

III.  Any lawful warrant for any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code issued by a court of competent jurisdiction;

IV.  A lawful request for discovery of any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code in litigation if both of the following conditions are met:

(a)  The requestor demonstrates a compelling need for any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code by clear and convincing evidence; and

(b)  The requestor obtains a protective order barring disclosure of any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code to any person not named in the litigation.

V.  Admission of any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code as relevant evidence before a court of competent jurisdiction.  Any filing in court that is subject to this section shall be filed under seal by the offering party.  Any party who intends to display or produce any record that is subject to this section in a courtroom during a hearing or trial shall notify the court to allow for the courtroom to be cleared prior to discussion or display of the record.  No court shall publicly reveal such information that has been filed in accordance with this paragraph absent a specific finding of good cause.

91-C:3  Limited Applicability.

I.  Nothing in this chapter shall apply to a national securities association, as defined in section 15A of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o-3, as amended, or regulations adopted thereunder, and any information such national securities association provides to the relevant public agency or body of this state pursuant to the rules and regulations provided by such agency or body.

II.  The following activities by the attorney general pursuant to RSA 7:19 through RSA 7:32-a shall be specifically allowed:

(a)  A request by the attorney general of a list of the members of the governing board of a charitable trust in reports required under RSA 7:28, II;

(b)  A request by the attorney general for information required for an audit, examination, or investigation pursuant to RSA 7:24, provided that such information shall only be used in connection with the specific audit, examination, or investigation to which the request relates and for any related proceedings, provided further that any information so collected shall otherwise remain subject to the provisions of this chapter; and

(c)  The voluntary release of information related to volunteers or donors by a charitable trust to the attorney general or to the public.

91-C:4  Penalties.

I.  A person alleging a violation of this chapter may bring a civil action for appropriate injunctive relief, damages, or both.  Damages awarded under this section may include one of the following, as appropriate:

(a)  A sum of money not less than $2,500 to compensate for injury or loss caused by each violation of this chapter; or

(b)  For an intentional violation of this chapter, a sum of money not to exceed $7,500.

II.  A court, in rendering a judgment in the action brought under this chapter, may award all or a portion of the costs of litigation, including reasonable attorneys and witness fees, to the complainant in the action if the court determines that the award is appropriate.

III.  A person who knowingly violates this chapter shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $1,000, or both.  

2  Effective Date.  This act shall take effect January 1, 2023.

LBA

22-3010

Amended 2/28/22

SB 302-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2022-0792s)

AN ACT establishing the personal privacy protection act.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill prohibits public agencies and public bodies from releasing any list, record, register, registry, roll, roster or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code except in specific circumstances, as well as

penalties for the unlawful release of such information.  The Judicial Branch assumes any proceedings that require discussion of records covered by this bill would have to be held as confidential hearings, which requires coordination of scheduling to ensure the courtrooms are not full with attorneys, parties or witnesses for other hearings and can be closed to the public.  Filings with the court that contain records covered by the bill would have to be filed separately as confidential records and maintained by the Court separately from the public record.  The Branch assumes there would be an increase in motions specific to the confidentiality of such records.  There could also be new civil or criminal cases filed as provided by the bill.  The Branch’s case management system would also have to be updated to add the new civil and criminal causes of action created by this bill.  All of these elements could have a fiscal impact on the Judicial Branch, but the Branch is unable to quantify the fiscal impact resulting from this bill.

AGENCIES CONTACTED:

Judicial Branch