NH - HB 244 to ban biometric data collection by government AND private entities.

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HB 244 – AS INTRODUCED

2011 SESSION

11-0483

05/03

HOUSE BILL 244

AN ACT restricting the collection of biometric data by state agencies and private entities.

SPONSORS: Rep. Kurk, Hills 7; Rep. L. Jones, Straf 1

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill restricts the collection of biometric data by state agencies and private entities and provides a private right of action for the misuse or unlawful collection of biometric data.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0483

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT restricting the collection of biometric data by state agencies and private entities.

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

1 New Chapter; Regulation of Biometric Information. Amend RSA by inserting after chapter 359-J the following new chapter:

CHAPTER 359-K

REGULATION OF BIOMETRIC INFORMATION

359-K:1 Definition of Biometric Data. In this chapter, “biometric data’’ means any of the following:

I. Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.

II. Facial feature pattern characteristics.

III. Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.

IV. Voice data used for comparing live speech with a previously-created speech model of a person’s voice.

V. Iris recognition data containing color or texture patterns or codes.

VI. Keystroke dynamics, measuring pressure applied to key pads.

VII. Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.

VIII. Retinal scans, reading through the pupil to measure blood vessels lining the retina.

IX. DNA/RNA.

359-K:2 Collection of Biometric Information Prohibited.

I. No government agency or private entity shall:

(a) Issue an identification card, other than an employee identification card, or use an identification device or system, that requires the collection or retention of an individual’s biometric data.

(b) Require an individual to disclose or provide biometric data as a condition of doing business with, engaging in any business activity or relationship with, or obtaining services from, that agency or entity.

II. The prohibition in paragraph I shall not apply to the biometric data collection practices of law enforcement agencies in effect on January 1, 2011 or to biometric data collected by the division of motor vehicles under RSA 260:10-b, II.

III. Any biometric data collected for an employee identification card shall be destroyed when the individual terminates employment with the agency or entity. No biometric data collected under this section shall be subject to a subpoena.

359-K:3 Violation; Civil Action. Any individual aggrieved by a violation of this chapter, including the loss or misuse of biometric data lawfully collected under RSA 359-K:2, may bring a civil action under this section to obtain the following:

I. An injunction of the agency or entity’s practice.

II. Actual damages or $2,500 for each violation, whichever is greater.

III. Reasonable attorney’s fees and court costs.

2 Effective Date. This act shall take effect January 1, 2012.
 
Why did the Free State Project choose someplace so frickin cold? I hate shoveling snow!

Cold helps you live longer.

Look up longevity statistics for cold climate states compared to warm weather states.

Besides, if you do it right, you should not have to shovel, just stomp it down.

Shoveling snow is a modern suburban homecare notion, like raking leaves. ;)
 
I generally don't - but it turns to ice and I can just see some door to door annoyance slipping and suing me :(

I need to get some NO TRESPASSING signs. Have not found any saying you are responsible for your ass if you trespass and may be shot....
 
Isn't a cold climate cheaper? Isn't it cheaper to heat up with coal, gas, wood, oil, etc, than to cool down with A/C (electricity)?
 
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Why did the Free State Project choose someplace so frickin cold? I hate shoveling snow!

There were 10 states looked at by the FSP (the low population states that weren't HI or RI as those states were ruled out as too statist from the start) and DE was the only warmish state and the highs in DE in the winter are only like 6 degrees higher than in NH. Shoveling snow is excellent exercise. Move to NH and you don't need to pay $30 per month to belong to a gym :) I am from the South and lived there all of my life before moving to NH but worked at a ski area last winter in NH and one of my main tasks was shoveling snow so maybe I'm the wrong person to talk to ) Of course, if you are disabled, too busy or something, you can always pay someone to plow or shovel your driveway.

Rep Neal is known as the privacy State Rep. He, along with a couple FSPers helped stop the REAL ID and all similar bills in NH. Laura is a FSP that I helped recruit. Her son is also a State Rep in NH.
 
Isn't a cold climate cheaper? Isn't it cheaper to heat up with coal, gas, wood, oil, etc, than to cool down with A/C (electricity)?

It depends. Mark Edge of Free Talk Live heats his house entirely by a wood heater. He gets all of the wood from his property. So for him, it is much, much cheaper than cooling his house when he lived in central FL. If you heat your house in NH (I don't know why anyone would do it, though) by nothing but electricity, it may be more expensive to heat in NH than cool in FL.
 
It depends. Mark Edge of Free Talk Live heats his house entirely by a wood heater. He gets all of the wood from his property. So for him, it is much, much cheaper than cooling his house when he lived in central FL. If you heat your house in NH (I don't know why anyone would do it, though) by nothing but electricity, it may be more expensive to heat in NH than cool in FL.

I do the same and it's saved thousands over the years.

Nice self sufficiency aspect as well. Heating strictly with electricty for the whole house would cost a fortune, no doubt.

Wood heat is still a bargain, even if you have to buy it at $200-250 a cord.
 
New Hampshire is sounding better and better!

It's unfortunate I screwed myself by going for a useless degree and will be forced to move back with my parents when I graduate. Do they hire people with useless degrees and no job skills in NH? :p
 
New Hampshire is sounding better and better!

It's unfortunate I screwed myself by going for a useless degree and will be forced to move back with my parents when I graduate. Do they hire people with useless degrees and no job skills in NH? :p

you can shovel the snow that the people above hate shoveling
 
Cold helps you live longer.

Look up longevity statistics for cold climate states compared to warm weather states.

Besides, if you do it right, you should not have to shovel, just stomp it down.

Shoveling snow is a modern suburban homecare notion, like raking leaves. ;)

A warmer climate would reduce deaths markedly in the United States. The evidence comes from monthly death rates in Washington, DC, from 1987 to 1989 and an analysis of deaths in 89 large counties across the US. Those statistical evaluations showed that warmer weather cut death rates, not only in Washington but throughout the country.

In Washington, as in the rest of the United States, deaths peaked in the winter months and were lowest in the hot months of summer. The study considered whether temperature or increases in the amount of sunlight reduced mortality but found that warm temperatures had a more significant effect than long summer days.

The analysis of the data from 89 counties took into account the age of the local population, the African-American percentage of the county, and the median family income. Each of those variables affects mortality strongly. It also examined whether air pollution, smoking, or latitude had a significant effect on deaths and found that none of these variables was significant. To paraphrase some politicians, "it’s the climate stupid!"

Whether measured by average temperature, maximum summer temperature, minimum winter cold, heating degree days, or cooling degree days, warmth or its lack plays a substantial role in determining a county’s mortality.

Simply put, warmer weather means fewer deaths.

Two studies reached remarkably similar conclusions. Extrapolating those findings to the nation as a whole indicates that a 2.5°C increase in temperatures would cut deaths nationwide from 37,000 to 41,000, approximately the number of people who die annually on our highways.

The prestigious International Journal of Biometeorology published further confirmation of the beneficial consequences of heat earlier this year (WCR Vol. 4 No. 9). That research of Alexander Lerchl of Münster, Germany’ Institute of Reproductive Medicine, shows that colder weather, rather than hotter, is a more significant killer. Lerchl culled information from German mortality statistics gathered between 1946 and 1995, relating them to corresponding air temperatures.

Not only is mortality higher in the winter but a very cold winter produces a higher number of deaths. During the summer, according to Lerchl’s analysis, heat spells do lead to more deaths; but the increase is relatively small compared to deaths from the cold.

The two researchers say their results "point to widely different impacts of cold and hot temperatures on mortality." In the later case, they discovered that "hot temperature shocks are indeed associated with a large and immediate spike in mortality in the days of the heat wave," but that "almost all of this excess mortality is explained by near-term displacement," so that "in the weeks that follow a heat wave, we find a marked decline in mortality hazard, which completely offsets the increase during the days of the heat wave," such that "there is virtually no lasting impact of heat waves on mortality [italics added]."

In the case of cold temperature days, they also found "an immediate spike in mortality in the days of the cold wave," but they report that "there is no offsetting decline in the weeks that follow," so that "the cumulative effect of one day of extreme cold temperature during a thirty-day window is an increase in daily mortality by as much as 10% [italics added]." In addition, they say that "this impact of cold weather on mortality is significantly larger for females than for males," but that "for both genders, the effect is mostly attributable to increased mortality due to cardiovascular and respiratory diseases."

In further discussing their findings, Deschenes and Moretti state that "the aggregate magnitude of the impact of extreme cold on mortality in the United States is large," noting that it "roughly corresponds to 0.8% of average annual deaths in the United States during the sample period." And they estimate that "the average person who died because of cold temperature exposure lost in excess of ten years of potential life [italics added]," whereas the average person who died because of hot temperature exposure likely lost no more than a few days or weeks of life. Hence, it is clear that climate-alarmist concerns about temperature-related deaths are wildly misplaced, and that halting global warming - if it could ever be done - would lead to more thermal-related deaths, because continued warming, which is predicted to be greatest in earth's coldest regions, would lead to fewer such fatalities.

Interestingly, the two scientists report that many people in the United States have actually taken advantage of these evident facts by moving "from cold northeastern states to warm southwestern states." Based on their findings, for example, they calculate that "each year 4,600 deaths are delayed by the changing exposure to cold temperature due to mobility," and that "3% to 7% of the gains in longevity experienced by the U.S. population over the past three decades are due to the secular movement toward warmer states in the West and the South, away from the colder states in the North."

It's really a no-brainer. An episode of extreme cold can shave an entire decade off one's life, while an episode of extreme warmth typically hastens death by no more than a few weeks. If you love life, therefore, you may want to reconsider the so-called "morality" of the world's climate-alarmist's perverse prescription for planetary health.

could you point me to some of those statistics you are referring too?
 
Cold helps you live longer.

Look up longevity statistics for cold climate states compared to warm weather states.

My understanding is that people in mountainous and colder climates tend to live longer than people in warmer climates. But not only that, if you look at the US, people in more northern states tend to be in better shape and exercise more. People in more northern states tend to be more active in the winter, also. They also tend to be better educated and less obese and so on.

Check it out, http://whynewhampshire.org/
 
Imposing these restrictions on private entities steps over the line, in the same way anti-discrimination laws step over the line when they are imposed on private organizations rather than just the government.

Oh, and the government gets a few exemptions too: "The prohibition in paragraph I shall not apply to the biometric data collection practices of law enforcement agencies in effect on January 1, 2011 or to biometric data collected by the division of motor vehicles under RSA 260:10-b, II."
 
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Imposing these restrictions on private entities steps over the line, in the same way anti-discrimination laws step over the line when they are imposed on private organizations rather than just the government.

Crap.

Government will just do an end run around it and collect the data from those self same private entities.

Corporate tyranny is just as bad as government tyranny.
 
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