PRINTER'S NO. 1693

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1351 Session of 2007


        INTRODUCED BY ROHRER, JOSEPHS, BELFANTI, CALTAGIRONE, CARROLL,
           COHEN, CREIGHTON, CUTLER, DENLINGER, DeWEESE, GIBBONS,
           GINGRICH, HARPER, HORNAMAN, JAMES, KAUFFMAN, KORTZ, KOTIK,
           LEACH, MANDERINO, MANTZ, MILNE, MUNDY, NAILOR, NICKOL,
           PETRARCA, RAPP, REICHLEY, ROAE, ROSS, SIPTROTH, STEIL, SURRA,
           SWANGER AND WALKO, MAY 24, 2007

        REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, MAY 24, 2007


                                     AN ACT

     1  Relating to compliance with the Federal REAL ID Act of 2005.

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4  Section 1.  Short title.
     5     This act shall be known and may be cited as the Pennsylvania
     6  REAL ID Act.
     7  Section 2.  Definitions.
     8     The following words and phrases when used in this act shall
     9  have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     "Biometric data."  Information relating to a biological
    12  characteristic of an individual that makes that individual
    13  unique from any other individual, including, but not limited to,
    14  the following:
    15         (1)  Fingerprints, palm prints and other means for

     1     measuring or recording ridge pattern or fingertip
     2     characteristics.
     3         (2)  Facial feature pattern characteristics.
     4         (3)  Behavior characteristics of a handwritten signature,
     5     such as shape, speed, pressure, pen angle or sequence.
     6         (4)  Voice data used for comparing live speech with a
     7     previously created speech model of an individual's voice.
     8         (5)  Iris recognition data containing color or texture
     9     patterns or codes.
    10         (6)  Keystroke dynamics, measuring pressure applied to
    11     key pads.
    12         (7)  Hand geometry, measuring hand characteristics,
    13     including the shape and length of fingers, in three
    14     dimensions.
    15         (8)  Retinal scans, reading through the pupil to measure
    16     blood vessels lining the retina.
    17         (9)  Deoxyribonucleic acid or ribonucleic acid.
    18     "Economic privacy."  The privacy of an individual that
    19  relates to a right, privilege or reasonable expectation that
    20  certain information is required by law to be held confidential
    21  or is otherwise considered to be confidential to that
    22  individual, including, but not limited to:
    23         (1)  Information included in a tax return required by law
    24     to be filed with the Federal, State or a local government.
    25         (2)  Information on financial transactions conducted by
    26     or on behalf of the individual.
    27         (3)  Information of investment transactions conducted by
    28     or on behalf of the individual.
    29     "REAL ID Act of 2005."  Division B of the Emergency
    30  Supplemental Appropriations Act for Defense, the Global War on
    20070H1351B1693                  - 2 -     

     1  Terror and Tsunami Relief, 2005 (Public Law 109-13, 119 Stat.
     2  302).
     3  Section 3.  Participation in the REAL ID Act of 2005.
     4     Neither the Governor nor the Department of Transportation or
     5  any other Commonwealth agency shall participate in the
     6  compliance of any provision of the REAL ID Act of 2005 until the
     7  Department of Homeland Security expressly guarantees, through
     8  adequately defined safeguards, that implementation of the REAL
     9  ID Act of 2005 will not compromise the economic privacy or
    10  biometric data of any resident of this Commonwealth. The
    11  provisions of the REAL ID Act of 2005 shall not be implemented
    12  until all costs of implementation have been met through Federal
    13  funding.
    14  Section 4.  Legal challenge.
    15     Either the Governor or the Attorney General may file an
    16  action in a court of competent jurisdiction to challenge the
    17  constitutionality or legality of the REAL ID Act of 2005.
    18  Section 5.  Effective date.
    19     This act shall take effect in 60 days.








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