CHAPTER 107

HB 1738-FN – FINAL VERSION

22Mar2006… 1307h

2006 SESSION

06-2509

06/04

HOUSE BILL 1738-FN

AN ACT prohibiting the use of surveillance devices to identify motor vehicles.

SPONSORS: Rep. Kurk, Hills 7; Rep. Mead, Hills 4

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill prohibits the use of surveillance devices on New Hampshire highways unless authorized by statute or under certain other circumstances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2006… 1307h

06-2509

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT prohibiting the use of surveillance devices to identify motor vehicles.

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

107:1 New Subdivision; Highway Video Surveillance. Amend RSA 236 by inserting after section 129 the following new subdivision:

Highway Video Surveillance

236:130 Highway Surveillance Prohibited.

I. In this subdivision, “surveillance” means the act of determining the ownership of a motor vehicle or the identity of a motor vehicle’s occupants on the public ways of the state or its political subdivisions through the use of a camera or other imaging device or any other device, including but not limited to a transponder, cellular telephone, global positioning satellite, or radio frequency identification device, that by itself or in conjunction with other devices or information can be used to determine the ownership of a motor vehicle or the identity of a motor vehicle’s occupants.

II. Neither the state of New Hampshire nor its political subdivisions shall engage in surveillance on any public ways of the state or its political subdivisions.

III. The prohibition set forth in paragraph II shall not apply where surveillance:

(a) Is specifically authorized by statute;

(b) Is undertaken on a case-by-case basis in the investigation of a particular violation, misdemeanor, or felony;

(c) Is undertaken to produce images or data that:

(1) Are viewed only at the transportation management center of the department of transportation in connection with a particular incident occurring on a public way; and

(2) Are not recorded;

(d) Is incidental to the monitoring of a building or other structure under the control of the state or a political subdivision of the state; or

(e) Is undertaken for the security of the following bridges and approach structures: I-95 Piscataqua River Bridge, Sarah Mildred Long Bridge, and the Memorial Bridge, all in Portsmouth.

IV. Nothing in this section shall prevent the creation, transmission, or recording of any images or data which cannot, by enhancement, manipulation, or otherwise, be used for surveillance.

V. Any person violating the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

236:131 Information from Other Sources. Neither the state of New Hampshire nor its political subdivisions shall obtain from others, including private businesses and federal and state governments, any information that it is prohibited from obtaining under the provisions of RSA 236:130.

107:2 Effective Date. This act shall take effect July 1, 2006.

Approved: May 9, 2006

Effective: July 1, 2006