reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-F - Manufacturer's Right to Indemnification From Purchaser or Lessee › Section 359-F:1 - Definitions.

359-F:1 Definitions. –
In this chapter:
I. "New Hampshire manufacturer" means the manufacturer of a New Hampshire product.
II. "New Hampshire product" means any product which is manufactured, in whole or in part, in the state of New Hampshire and which is:
(a) Delivered to a purchaser or lessee, or to a purchaser's or lessee's agent or transportation contractor, in the state of New Hampshire;
(b) Sold or leased to a purchaser or lessee pursuant to a contract of sale or lease which is entered into or accepted in the state of New Hampshire; or
(c) Sold or leased to a purchaser or lessee pursuant to a contract of sale or lease which specifies that New Hampshire law shall apply to such sale or lease.
Source.
1993, 257:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:1 - Purpose.

359-G:1 Purpose. –
In order to encourage the out-of-court resolution of disputes between homeowners and contractors relative to residential construction defects, this chapter provides a framework for discussion about an alleged defect. As part of this process, RSA 359-G:4, IV allows a homeowner to provide access to the residence for an inspection. Since an inspection is likely to lead to the timely resolution of the problem, homeowners are encouraged, but not required, to provide access for an inspection.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:2 - Definitions.

359-G:2 Definitions. –
In this chapter:
I. "Action" means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim, in whole or in part, for damages or other relief in connection with a residence caused by an alleged construction defect.
II. "Homeowner" means any person, company, firm, partnership, corporation, or association which contracts with a contractor for the construction, sale, substantial remodel or repair, or construction and sale of a residence. Homeowner includes, but is not limited to, an authorized assignee, agent, or subsequent purchaser of a residence from any homeowner.
III. "Construction defect" has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law. If no written, express warranty or applicable statutory warranty provides a definition, then "construction defect" means a matter concerning the design, construction, modification, or repair of a residence about which a person has a complaint against a contractor. The term may include any physical damage to the residence, any appurtenance, or the real property on which the residence or appurtenance is affixed, proximately caused by a construction defect.
IV. "Contractor" means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, or constructing a residence, modification or repair of a new or existing residence, or construction, alteration, addition, or repair of an appurtenance to a new or existing residence.
V. "Residence" means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A residence includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale, but not necessarily a part of the house, duplex, or multifamily unit.
VI. "Serve" or "Service" means delivery by certified mail, return receipt requested, or in-hand service, to the last known address or place of business of the addressee.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:3 - Action; Stay Without Prejudice.

359-G:3 Action;  Stay Without Prejudice. –
If a homeowner files an action without first complying with the requirements of this chapter, on application by a party to the action, the court or arbitrator shall stay the action, without prejudice, until the homeowner has complied with the requirements of this chapter. The stay shall not exceed the 60-day period set forth in RSA 359-G:4, I, and no attachments against the contractor shall be granted until the stay expires.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:5 - Additional Construction Defects; Additional Notice and Opportunity to Repair Required.

359-G:5 Additional Construction Defects;  Additional Notice and Opportunity to Repair Required. –
A construction defect that is discovered after a homeowner has provided a contractor with the initial claim notice and is substantially related to the factual circumstances, acts, or omissions giving rise to the construction defects alleged in the initial notice may be alleged in an action involving the claims alleged in the initial notice without following the notice of claim procedure provided in RSA 359-G:4.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:6 - Release.

359-G:6 Release. –
If a homeowner accepts an offer made in compliance with this chapter and the contractor fulfills the offer in compliance with this chapter, the homeowner shall thereafter be barred from bringing an action for the claim.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:7 - Contract of Sale.

359-G:7 Contract of Sale. –
I. Upon entering into a purchase agreement or contract for the construction or improvement of a residence in which the contract amount exceeds $5,000, the contractor shall provide written notice to the owner of the residence of the contractor's right to resolve alleged construction defects before a homeowner may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the contract.
II. Contracts providing third party insured warranty programs must provide homeowners with warranty documents and claim procedures at or before closing or first occupancy.
III. The notice required by paragraph I shall be in substantially the following form:
NEW HAMPSHIRE LAW, RSA 359-G, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, REMODELED, OR REPAIRED YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-G - Residential Construction Defects; Dispute Resolution › Section 359-G:8 - Miscellaneous; Applicability of Chapter.

359-G:8 Miscellaneous;  Applicability of Chapter. –
I. Nothing in this chapter shall create any cause of action on behalf of any homeowner or contractor.
II. This chapter shall not apply to a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a homeowner.
III. This chapter shall not apply to a claim brought by a person or entity subrogated to the rights of a homeowner on account of a payment made under an insurance policy.
IV. Nothing in this chapter shall prohibit a homeowner from taking such actions as necessary to prevent unsafe conditions or further deterioration of a residence.
Source.
2005, 155:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-H - Computer Spyware › Section 359-H:1 - Definitions.

359-H:1 Definitions. –
In this chapter:
I. "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose.
II. "Authorized user" means a consumer who owns or is permitted to use a computer.
III. "Computer program" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
IV. (a) "Spyware" means software residing on a computer that:
(1) Employs a user's Internet connection in the background, via a backchannel, without his or her knowledge or explicit permission.
(2) Sends information about the computer's usage to a remote computer or server; or displays or causes to be displayed an advertisement in response to the computer's usage.
(3) Sends or causes to be sent personal information residing on the computer to a remote computer or server.
(b) Notwithstanding subparagraph (a), "spyware" does not include any of the following:
(1) Software designed and installed primarily to prevent, diagnose, or resolve technical difficulties, to protect the security of the user's computer, or to detect or prevent fraudulent activities.
(2) Software or data that solely report to an Internet website information stored by the Internet website on the user's computer, including cookies, HTML code, or Java Scripts.
(3) Software that provides the user with the capability to search the Internet.
(4) Software installed with the consent of an authorized user whose primary purpose is to prevent access to Internet content that is inappropriate for minors.
(5) An operating system.
V. "Usage"means:
(a) The Internet websites accessed by a user.
(b) The contents or characteristics of the Internet websites accessed by a user.
(c) A user's personal information, including:
(1) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.
(2) Any of the following with respect to a user's home or other physical address: the street name, the name of the city or town, or the zip code.
(3) An electronic mail address.
(4) A telephone number.
(5) A Social Security number.
(6) Any personal identification number.
(7) A credit or debit card number.
(8) Any access code associated with a credit or debit card.
(9) A date of birth, birth certificate number, or place of birth.
(10) A password or access code.
(11) A bank account number.
Source.
2005, 238:1, eff. July 14, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-H - Computer Spyware › Section 359-H:3 - Violation; Criminal Penalty.

359-H:3 Violation;  Criminal Penalty. –
Any person who uses a computer program or spyware in violation of RSA 359-H:2 shall be guilty of a class A misdemeanor.
Source.
2005, 238:1, eff. July 14, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-H - Computer Spyware › Section 359-H:4 - Limitations on Actions.

359-H:4 Limitations on Actions. –
A person may not bring an action for a violation of this chapter against an Internet service provider for the routine transmission of security information or information that contains an advertisement violating this chapter. No person may bring a class action under this chapter.
Source.
2005, 238:1, eff. July 14, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-H - Computer Spyware › Section 359-H:5 - Enforcement; Information Gathering.

359-H:5 Enforcement;  Information Gathering. –
The house standing committee responsible for science, technology, and energy issues, in consultation with the department of justice, may periodically review implementation and enforcement of this chapter and shall make such legislative recommendations as may be appropriate.
Source.
2005, 238:1, eff. July 14, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-H - Computer Spyware › Section 359-H:6 - Exemption.

359-H:6 Exemption. –
A provider of software or provider of interactive computer service shall not be held liable under this chapter for any action voluntarily taken in good faith, or any service provided in good faith, to remove or disable programs used to violate RSA 359-H:2 that reside on the consumer's computer if the consumer is a customer of the provider and if the provider notifies the consumer prior to undertaking the action or providing the service.
Source.
2005, 238:1, eff. July 14, 2005.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-I - Identity Theft › Section 359-I:1 - Definitions.

359-I:1 Definitions. –
In this chapter:
I. "Financial device" means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to any of the following:
(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card.
(b) A check.
(c) A negotiable order of withdrawal.
(d) A share draft.
(e) A money order.
(f) An Automated Clearing House ("ACH") or other electronic transaction.
(g) Any device or process, whether based on a binary or digital code used to transfer value from one person or entity to another.
II. "Personal information" shall include any one or more of the following, whether the information is owned by or assigned to the person it relates to:
(a) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.
(b) A home or physical address.
(c) A telephone number.
(d) A social security number.
(e) Any personal identification number.
(f) A credit or debit card number.
(g) Any access code associated with a credit or debit card.
(h) A date of birth, birth certificate number, or place of birth.
(i) A password or access code.
(j) A financial institution account number.
(k) A driver's license or other governmental identification.
III. "Victim" means any person whose personal information or financial device has been obtained, accessed, possessed, or recorded in violation of this chapter or any person that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this chapter.
IV. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or other form of entity, or any agency, authority, board, court, department, division, commission, institution, bureau, or other state governmental entity, or any political subdivision of the state.
Source.
2007, 78:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-I - Identity Theft › Section 359-I:2 - Prohibited Conduct.

359-I:2 Prohibited Conduct. –
I. Unless otherwise permitted by state law or rules or federal statute or regulation, no person shall, without the authorization, consent, or permission of the other person, do any of the following with fraudulent intent:
(a) Obtain, record, or access personal information or a financial device that would assist the person in accessing financial resources or obtaining personal information owned by the other person other than that which is necessary to process a transaction for the benefit of the other person.
(b) Obtain goods, services, or some other benefit through the use of personal information or a financial device of the other person.
(c) Obtain personal information or financial device documents in the other person's name.
(d) Possess the personal information or a financial device of the other person without permission or lawful authority, with the intent to use or to aid or permit some third person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment.
(e) Use or possess personal information or a financial device of the other person without permission or lawful authority with the intent to obtain, or to aid or permit some third person to obtain, a government-issued document.
(f) Falsely make, complete, or alter a written instrument containing any personal information of the other person.
(g) Make or convey a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal information or financial device of the other person.
II. This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
Source.
2007, 78:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-I - Identity Theft › Section 359-I:3 - Liability.

359-I:3 Liability. –
In addition to any other remedies provided by law, a victim may bring an action in his or her county of residence or any county in which any part of the act took place, regardless of whether the person who committed the violation was ever actually present in that county, against the person who violated this chapter to recover the following:
I. $5,000 for each incident, or 3 times the actual damages, whichever is greater.
II. Reasonable attorney's fees and court costs.
Source.
2007, 78:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-I - Identity Theft › Section 359-I:4 - Correction of Public and Private Records.

359-I:4 Correction of Public and Private Records. –
I. Any order obtained under this chapter, or any conviction under RSA 638:26, may be submitted in any civil proceeding to set aside a judgment against the victim.
II. The victim may submit the order obtained under this chapter, or any conviction under RSA 638:26, to any governmental entity or private business as proof that any financial accounts therein created or altered in violation of this chapter, RSA 638:26, or RSA 638:5 were not the actions of the victim.
Source.
2007, 78:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-J - Deceptive Musical Advertisements or Performances › Section 359-J:1 - Definitions.

359-J:1 Definitions. –
In this chapter:
I. "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
II. "Recording group" means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
III. "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phono-record, in which the sounds are embodied.
Source.
2009, 326:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-J - Deceptive Musical Advertisements or Performances › Section 359-J:2 - Production.

359-J:2 Production. –
I. It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
II. It shall not be a violation of paragraph I if any of the following apply:
(a) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office.
(b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute.
(d) The advertising does not relate to a live musical performance or production taking place in this state.
(e) The performance or production is expressly authorized by the recording group.
Source.
2009, 326:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-J - Deceptive Musical Advertisements or Performances › Section 359-J:3 - Restraining Prohibited Acts.

359-J:3 Restraining Prohibited Acts. –
I. Whenever the attorney general or a county attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of RSA 359-J:2, I and that proceedings would be in the public interest, the attorney general or county attorney may bring an action in the name of the state against the person to restrain by temporary or permanent injunction that practice.
II. Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in paragraph I, the court may direct that the defendant restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.
Source.
2009, 326:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-J - Deceptive Musical Advertisements or Performances › Section 359-J:4 - Penalty.

359-J:4 Penalty. –
A person who violates RSA 359-J:2, I shall be liable to the state for a civil penalty of not less than $5,000 nor more than $15,000 per violation, which civil penalty shall be in addition to any other relief which may be granted under RSA 359-J:3. Each performance or production declared unlawful under RSA 359-J:2, I shall constitute a separate violation.
Source.
2009, 326:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-M - Bad Faith Assertions of Patent Infringement › Section 359-M:1 - Definitions.

359-M:1 Definitions. –
In this chapter:
I. "Demand letter" means a letter, email, or other communication asserting or claiming that the target has engaged in patent infringement.
II. "Target" means a New Hampshire person or business:
(a) Who has received a demand letter or against whom an assertion or allegation of patent infringement has been made;
(b) Who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or
(c) Whose customers have received a demand letter asserting that the person's or business's product, service, or technology has infringed upon a patent.
Source.
2014, 197:2, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-M - Bad Faith Assertions of Patent Infringement › Section 359-M:3 - Bond.

359-M:3 Bond. –
Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's cost to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. A bond ordered pursuant to this section shall not exceed $250,000. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.
Source.
2014, 197:2, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-M - Bad Faith Assertions of Patent Infringement › Section 359-M:4 - Enforcement; Remedies; Damages.

359-M:4 Enforcement;  Remedies;  Damages. –
I. The attorney general may bring an action in superior court for appropriate relief, including a temporary or permanent injunction, to enforce the provisions of this chapter.
II. A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter may bring an action in superior court. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this section:
(a) Equitable relief.
(b) Damages.
(c) Costs and fees, including reasonable attorney's fees.
III. This chapter shall not be construed to limit any remedies available to the state of New Hampshire or to any person under any other law and shall not restrict the attorney general with regard to conduct involving assertions of patent infringement.
Source.
2014, 197:2, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-M - Bad Faith Assertions of Patent Infringement › Section 359-M:5 - Exemption.

359-M:5 Exemption. –
A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. section 271(e)(2) or 42 U.S.C. section 262 shall not be subject to the provisions of this chapter.
Source.
2014, 197:2, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-N - Regulation of Biometric Information › Section 359-N:1 - Definitions.

359-N:1 Definitions. –
In this chapter:
I. "Biometric data" includes, but is not limited to, the following:
(a) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.
(b) Facial feature pattern characteristics.
(c) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.
(d) Voice data used for comparing live speech with a previously-created speech model of a person's voice.
(e) Iris recognition data containing color or texture patterns or codes.
(f) Keystroke dynamics, measuring pressure applied to key pads.
(g) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.
(h) Retinal scans, reading through the pupil to measure blood vessels lining the retina.
(i) DNA/RNA.
II. "Government agency" includes any employee, agent, elected official or entity of the state, a municipality, or any other political subdivision of the state of New Hampshire.
Source.
2014, 162:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-N - Regulation of Biometric Information › Section 359-N:2 - Collection of Biometric Data Prohibited.

359-N:2 Collection of Biometric Data Prohibited. –
I. No government agency shall:
(a) Issue an identification card, other than an employee, vendor, or contractor identification or access card, device or system, 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.
(c) Obtain, retain, or provide any individual's biometric data except as set forth in this chapter.
II. Any biometric data collected for an employee, vendor, or contractor identification or access card shall be destroyed when the individual terminates his or her relationship with the agency. No biometric data collected under this section shall be subject to a subpoena.
III. Nothing in paragraphs I and II shall prohibit the disclosure, collection, or retention of biometric data from applicants for and persons employed in positions with state, county, or local public safety agencies as part of the employment screening process, or for obtaining required security clearances, or in connection with investigations of internal misconduct or crimes and offenses.
Source.
2014, 162:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-N - Regulation of Biometric Information › Section 359-N:3 - Exemptions.

359-N:3 Exemptions. –
The prohibition in RSA 359-N:2 shall not apply to biometric data collection practices implemented pursuant to statute or practice prior to the effective date of this section, provided that the government agency shall not subsequently expand or modify the type of data collected or the purpose for which it is collected without legislative approval. Legislative approval shall not be required for an airport to expand or modify its biometric collection and use practices if identified in the airport's federally-mandated airport security program and approved by the U.S. Transportation Security Administration. Nothing in this chapter shall limit the collection of biometric evidence by law enforcement agencies at crime scenes or its examination and analysis by forensic laboratories. The admissibility at trials of biometric evidence and expert opinion based on such evidence shall be determined by the presiding judge within the parameters and limits specified in the rules of evidence.
Source.
2014, 162:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-N - Regulation of Biometric Information › Section 359-N:4 - Violation; Civil Action.

359-N:4 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-N:2 or 359-N:3, may bring a civil action against a government agency under this section to obtain the following:
I. An injunction of the agency practice;
II. Actual damages or $2,500 for each violation, whichever is greater; and
III. Reasonable attorney's fees and court costs.
Source.
2014, 162:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-O - Sale or Possession of Synthetic Urine and Urine Additives › Section 359-O:1 - Sale or Possession of Synthetic Urine and Urine Additives Prohibited.

359-O:1 Sale or Possession of Synthetic Urine and Urine Additives Prohibited. –
I. No person or business shall:
(a) Manufacture, sell, distribute, market, or possess synthetic urine or urine additives; or
(b) Attempt to defeat a drug or alcohol screening test by using synthetic urine or urine additives.
II. In this section, "drug or alcohol screening test" means an analysis of a sample of bodily fluid collected from a person for the purpose of detecting the presence of alcohol or drugs in the bodily fluid of the person.
III. Any person or business who violates this section shall be assessed a fine of $500, plus penalty assessment. Each day a violation occurs shall constitute a separate offense.
Source.
2021, 115:4, eff. Sept. 7, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:1 - Definitions.

359-P:1 Definitions. –
In this chapter:
I. "Claimant" means a person who is a victim of the Financial Resources Mortgage fraud and who has filed a complete application for recovery assistance under this chapter.
II. "Director" means the director of charitable trusts, department of justice.
III. "Financial Resources Mortgage" means Financial Resources Mortgage, Inc., C L and M, Inc., and any predecessor, successor, or affiliated entities, and any entities established by, through, or with Scott Farah or Donald Dodge, through which moneys of Financial Resources Mortgage, Inc., C L and M, Inc., and any predecessor, successor, or affiliated entities passed.
IV. "Financial Resources Mortgage fraud" means fraudulent acts committed by Financial Resources Mortgage or its principals where loans were brokered by or serviced by Financial Resources Mortgage.
V. "Fund" means the FRM victims' contribution recovery fund established in RSA 359-P:2.
VI. "Person" means an individual, corporation, partnership, association, joint stock company, unincorporated organization, or any other entity.
VII. "Qualifying claimant" means a person who suffered financial losses as a result of the Financial Resources Mortgage fraud and is a claimant eligible for recovery assistance under this chapter. Qualifying claimant shall not include a borrower under any loan transaction borrowed or serviced by Financial Resources Mortgage.
VIII. "Recovery assistance" means payments from the fund to persons who suffered financial losses as a result of the Financial Resources Mortgage fraud.
IX. "Victim" means a person who suffered monetary injury as a result of the Financial Resources Mortgage fraud.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:2 - FRM Victims' Contribution Recovery Fund Established.

359-P:2 FRM Victims' Contribution Recovery Fund Established. –
I. There is hereby established the FRM victims' contribution recovery fund. The fund shall be nonlapsing and continually appropriated to the director. The fund shall be capped at $10,000,000 and shall consist of gifts and contributions of any kind.
II. The fund shall be used for awarding recovery assistance pursuant to this chapter.
III. The total amount in the fund less costs of administration shall be distributed on a pro rata basis to qualifying claimants annually on December 31 until all such claims are satisfied.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:3 - Eligibility for Recovery Assistance.

359-P:3 Eligibility for Recovery Assistance. –
I. Except as otherwise provided in this chapter, a claimant shall be eligible for recovery assistance at the rate of 50 cents on each dollar lost by the claimant under this chapter if the claimant:
(a) Submits all supplemental documents as requested by the attorney or administrator.
(b) Can demonstrate loss due to the Financial Resources Mortgage fraud.
(c) Meets all other requirements of this chapter.
II. In addition to a qualifying claimant and except as otherwise provided in this chapter, a surviving spouse or surviving child of a qualifying claimant shall be eligible for recovery assistance under this chapter.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:4 - Attorney/Administrator.

359-P:4 Attorney/Administrator. –
The director shall hire an attorney or administrator who shall review applications for assistance submitted pursuant to this chapter, make awards of assistance in accordance with the procedures of this chapter, and report annually to the director commencing on February 1, 2022 and each February 1 thereafter. The director shall negotiate the attorney's or administrator's salary and benefit level in accordance with similar levels within the department.
Source.
2016, 293:2, eff. Aug. 20, 2016. 2021, 91:84, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:6 - Awards Under This Chapter Set Off Against Any Other Recovery.

359-P:6 Awards Under This Chapter Set Off Against Any Other Recovery. –
I. The amount of any award made under this chapter shall be set off against any other recovery sources, including, but not limited to awards from private suits, arbitration, bankruptcy court awards or settlements, or other sources of recovery.
II. In the event a qualifying claimant receives an award from a recovery source listed in paragraph I subsequent to the filing of a claim under this chapter, the claimant shall immediately notify the attorney or administrator of the award. The attorney or administrator shall then modify the claimant's award and pro rata share by offsetting such award against the claimant's award under this chapter.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:7 - Recovery Assistance Prohibited.

359-P:7 Recovery Assistance Prohibited. –
Recovery assistance shall not be awarded if the attorney or administrator for the attorney or administrator determines the claimant:
I. Sustained the monetary injury as a result of participating or assisting in or attempting to commit or committing financial fraud with Financial Resources Mortgage; or
II. Profited or would have profited from the financial fraud of Financial Resources Mortgage.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:8 - Award Not Subject to Other Processes.

359-P:8 Award Not Subject to Other Processes. –
An award made under this chapter shall not be subject to execution, attachment, garnishment, or other process. A claimant convicted of forgery, fraud, or deception in connection with a claim under this chapter shall forfeit an award paid to the claimant under this chapter.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:9 - Liability of State.

359-P:9 Liability of State. –
The state shall be under no obligation or liability under this chapter except to make payments to claimants to whom the recovery fund attorney or administrator has made awards of assistance, but only to the extent there is money available in the fund.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-P - Frm Victims' Contribution Recovery Fund › Section 359-P:10 - Claims Prior to January 1, 2006.

359-P:10 Claims Prior to January 1, 2006. –
Claims for restitution assistance shall not be accepted for any losses that occurred prior to January 1, 2006 due to financial fraud.
Source.
2016, 293:2, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:1 - Definitions.

359-Q:1 Definitions. –
In this chapter:
I. "Flame-retardant chemical" means a chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. "Flame-retardant chemical" includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants and any chemical or chemical compound for which "flame retardant" appears on the substance safety data sheet required under 29 C.F.R. section 1910.1200(g).
II. "Mattress" has the same definition as in 16 C.F.R. section 1632.1.
III. "Upholstered furniture" means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:2 - Prohibition.

359-Q:2 Prohibition. –
I. No person shall import for sale or ship to a customer in this state, nor shall any person manufacture for sale in this state, upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1 percent of a flame-retardant chemical or more than 0.1 percent of a mixture that includes flame-retardant chemicals.
II. No person shall sell, offer to sell, or distribute for promotional purposes, upholstered furniture if in receipt of the notice sent by a manufacturer in accordance with RSA 359-Q:3, II.
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:3 - Certificate of Compliance.

359-Q:3 Certificate of Compliance. –
In addition to any other remedies and procedures authorized by this chapter, the attorney general may request that a manufacturer of upholstered furniture distributed for sale in this state provide the attorney general with a certificate of compliance with this chapter. Within 30 days of receipt of request for a certificate of compliance, the manufacturer shall:
I. Provide the attorney general with a certificate declaring that its product complies with the requirements of this chapter; or
II. Notify retailers who sell in this state a product of the manufacturer that does not comply with this chapter that sale of the product is prohibited in New Hampshire. The manufacturer shall submit to the attorney general the names and addresses of those notified.
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:4 - Retailer Indemnification.

359-Q:4 Retailer Indemnification. –
If a retailer takes delivery of upholstered furniture from a manufacturer that is subsequently found to contain one or more flame-retardant chemicals, the retailer is entitled to a full refund, including shipping and other related costs, from the manufacturer.
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:5 - Violations; Consumer Protections.

359-Q:5 Violations;  Consumer Protections. –
Any violation of the provisions of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, may be used to enforce the provisions of this chapter.
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:6 - Confidentiality.

359-Q:6 Confidentiality. –
Information submitted to the department of justice pursuant to this chapter may be designated as confidential by the submitting party and not subject to disclosure under RSA 91-A, except during an enforcement action brought forward by the attorney general.
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-Q - Sale of Furniture With Flame Retardant Chemicals › Section 359-Q:7 - Exemptions.

359-Q:7 Exemptions. –
I. The prohibition in RSA 359-Q:2 shall not apply to the following upholstered furniture products containing flame-retardant chemicals:
(a) Used upholstered furniture, including antique upholstered furniture.
(b) Upholstered furniture purchased for public use in public facilities, including, but not limited to, schools, jails, and hospitals, that is required by the state or by local fire codes to meet specific flammability standards which cannot reasonably be met without the use of flame retardants.
(c) New upholstered furniture otherwise subject to the prohibition in RSA 359-Q:2 that is sold, offered for sale, or distributed for promotional purposes in the state by a retailer or wholesaler on or after January 1, 2021 and that was imported into the state or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the state prior to January 1, 2021.
(d) New upholstered furniture otherwise subject to the prohibition in RSA 359:Q-2 that is manufactured prior to January 1, 2020.
(e) Upholstered furniture which includes electronic or electric components.
(f) Mattresses.
II. Products that meet the following requirements shall be deemed in compliance with this chapter:
(a) Upholstered furniture bearing a label or accompanied by a certificate indicating compliance with California BPC section 19101, as amended.
(b) Upholstered furniture bearing a label, as prescribed by California BPC section 19094 (2014), indicating that the product's upholstery materials "contain NO added flame retardant chemicals."
Source.
2019, 336:1, eff. Sept. 3, 2019.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-R - Over-the-Counter Rape Test Kit › Section 359-R:1 - Sale of Over-the-Counter Rape Test Kit Prohibited.

359-R:1 Sale of Over-the-Counter Rape Test Kit Prohibited. –
I. No person shall sell or offer for sale in the state of New Hampshire an over-the-counter rape test kit. Any person who sells a kit in violation of this section shall be guilty of a violation and shall be fined not more than $1,000 for each offense.
II. In this section, an "over-the-counter rape test kit" means a sexual assault forensic exam kit for sale to members of the public, that allows an individual to independently collect evidence of a sexual assault outside of a hospital or other designated health care setting.
III. Nothing in this section shall affect any right of action under RSA 358-A.
Source.
2020, 24:17, eff. July 20, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:1 - Definitions.

359-T:1 Definitions. –
In this chapter, the following words shall have the following meanings:
I. "Department" shall mean the department of safety.
II. "Household goods carrier" shall mean a common or contract carrier which transports for hire by motor vehicle between points in this state:
(a) Personal effects and property used or to be used in a dwelling as a part of the equipment or supply of the dwelling;
(b) Furniture, fixtures, equipment, and property of any establishment, which are a part of the stock, equipment or supply of the establishment;
(c) Articles, including objects of art, displays and exhibits with an unusual nature or value, which require specialized handling and equipment usually used in moving household goods.
III. "Household goods carrier" does not include any person who transports his or her own goods for the purpose of sale or delivery, or in the furtherance of a trade or business other than transportation.
IV. "Commissioner" shall mean the commissioner of the department of safety.
V. "Common carrier" means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both.
VI. "Contract carrier" means a person providing motor vehicle transportation for compensation under continuing agreements with one or more persons:
(a) By assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or
(b) Designed to meet the distinct needs of each such person.
Source.
2022, 14:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 359-T - Carriage of Household Goods for Hire by Motor Vehicle › Section 359-T:2 - Certificate Required.

359-T:2 Certificate Required. –
No household goods carrier, as defined herein, shall engage in the business of transporting household goods, as defined by the department, between points in this state, unless the carrier holds a certificate issued by the department authorizing such operations. The application for such certificate shall be in accordance with the procedure provided for in RSA 359-T:3 and such certificate shall be issued or denied accordingly.
Source.
2022, 14:1, eff. Jan. 1, 2023.