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| PRIOR PRINTER'S NO. 710 | PRINTER'S NO. 1212 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, KITCHEN, WOZNIAK, FONTANA, WILLIAMS, ERICKSON, FERLO, EARLL, M. WHITE, PIPPY, ORIE, LEACH, ALLOWAY, STACK, MELLOW, WASHINGTON, BOSCOLA, FARNESE AND KASUNIC, MARCH 19, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, JUNE 23, 2009 |
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| AN ACT |
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1 | Relating to compliance with the Federal REAL ID Act of 2005 and | <-- |
2 | other laws involving biometric and economic privacy. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the REAL ID and |
7 | Biometric and Economic Privacy Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Biometric data." Information relating to a biological |
13 | characteristic of an individual that makes that individual |
14 | unique from any other individual, including, but not limited to, |
15 | the following: |
16 | (1) Fingerprints, palm prints and other means for |
17 | measuring or recording ridge pattern or fingertip |
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1 | characteristics. |
2 | (2) Facial feature pattern characteristics. |
3 | (3) Behavior characteristics of a handwritten signature, |
4 | such as shape, speed, pressure, pen angle or sequence. |
5 | (4) Voice data used for comparing live speech with a |
6 | previously created speech model of an individual's voice. |
7 | (5) Iris recognition data containing color or texture |
8 | patterns or codes. |
9 | (6) Keystroke dynamics, measuring pressure applied to |
10 | key pads. |
11 | (7) Hand geometry, measuring hand characteristics, |
12 | including the shape and length of fingers, in three |
13 | dimensions. |
14 | (8) Retinal scans, reading through the pupil to measure |
15 | blood vessels lining the retina. |
16 | (9) Deoxyribonucleic acid or ribonucleic acid. |
17 | "Economic privacy." The privacy of an individual that |
18 | relates to a right, privilege or reasonable expectation that |
19 | certain information is required by law to be held confidential |
20 | or is otherwise considered to be confidential to that |
21 | individual, including, but not limited to: |
22 | (1) Information included in a tax return required by law |
23 | to be filed with the Federal, State or a local government. |
24 | (2) Information on financial transactions conducted by |
25 | or on behalf of the individual. |
26 | (3) Information of investment transactions conducted by |
27 | or on behalf of the individual. |
28 | "REAL ID Act of 2005." Division B of the Emergency |
29 | Supplemental Appropriations Act for Defense, the Global War on |
30 | Terror and Tsunami Relief, 2005 (Public Law 109-13, 119 Stat. |
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1 | 302). |
2 | Section 3. Participation in the REAL ID Act of 2005. |
3 | Neither the Governor nor the Department of Transportation or |
4 | any other Commonwealth agency shall participate in the |
5 | compliance of any provision of the REAL ID Act of 2005. |
6 | Section 4. Participation in other related laws. | <-- |
7 | Neither the Governor nor the Department of Transportation or |
8 | any other Commonwealth agency shall participate in the |
9 | compliance with any Federal law, regulation or policy that would |
10 | compromise the economic privacy or biometric data of any |
11 | resident of this Commonwealth. |
12 | Section 5. Legal challenge. |
13 | Either the Governor or the Attorney General may file an |
14 | action in a court of competent jurisdiction to challenge the |
15 | constitutionality or legality of the REAL ID Act of 2005. |
16 | Section 20. Effective date. |
17 | This act shall take effect in 60 days. |
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