THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROHRER, MANDERINO, BENNINGHOFF, BRENNAN, BROOKS, CALTAGIRONE, CARROLL, CLYMER, CREIGHTON, CUTLER, DENLINGER, DeWEESE, ELLIS, FABRIZIO, FLECK, FREEMAN, GEORGE, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRUCELA, HARKINS, HARRIS, HORNAMAN, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, MARSHALL, MELIO, METZGAR, MILLARD, MILNE, MOUL, MUNDY, MUSTIO, PALLONE, PASHINSKI, PETRARCA, RAPP, READSHAW, REICHLEY, ROAE, ROCK, SAYLOR, SIPTROTH, K. SMITH, STEVENSON, SWANGER, TALLMAN, TRUE, WAGNER AND WHEATLEY, MAY 5, 2009

REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, MAY 5, 2009  

AN ACT

Prohibiting the Commonwealth from participation in the Federal

REAL ID Act of 2005 and other related laws; and providing for

the authority of the Governor and Attorney General to file

certain legal challenges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the REAL ID and

Biometric and Economic Privacy Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Biometric data."  Information relating to a biological

characteristic of an individual that makes that individual

unique from any other individual.

(1)  The term includes, but is not limited to, the

following:

(i)  Fingerprints, palm prints and other means for

measuring or recording ridge pattern or fingertip

characteristics.

(ii)  Facial feature pattern characteristics,

excluding any low resolution photographic image of a

face.

(iii)  Voice data collected for comparing live speech

with a previously created speech model of an individual's

voice.

(iv)  Iris recognition data containing color or

texture patterns or codes.

(v)  Keystroke dynamics, measuring pressure applied

to key pads.

(vi)  Hand geometry, measuring hand characteristics,

including the shape and length of fingers, in three

dimensions.

(vii)  Retinal scans, reading through the pupil to

measure blood vessels lining the retina.

(viii)  Deoxyribonucleic acid or ribonucleic acid.

(2)  The term does not include a handwritten signature.

"Compromise."  Any disclosure of information except:

(1)  A disclosure to a court or law enforcement agency

pursuant to arrest or indictment.

(2)  A disclosure to any law enforcement agency if there

is reasonable suspicion that the individual has committed a

crime.

(3)  A disclosure authorized by any Federal statute

finally enacted on or before May 10, 2005.

(4)  A disclosure authorized by any state statute finally

enacted on or before the effective date of this section.

"Economic privacy."  The privacy of an individual that

relates to a right, privilege or reasonable expectation that

certain information is required by law to be held confidential

or is otherwise protected from unauthorized disclosure to the

public.

"Low resolution photographic image of a face."  A

photographic image of a face or a portion of a face with a

resolution no greater than necessary for human identification

and verification. The term does not include a photo image with a

resolution of more than 30 pixels between eye centers or any

image with a resolution that enables the extraction of biometric

data.

"REAL ID Act of 2005."  Division B of the Emergency

Supplemental Appropriations Act for Defense, the Global War on

Terror and the Tsunami Relief, 2005 (Public Law 109-13, 119

Stat. 302).

Section 3.  Participation in the REAL ID Act of 2005.

Neither the Governor nor the Department of Transportation or

any other Commonwealth agency shall participate in the

compliance of any provision of the REAL ID Act of 2005.

Section 4.  Participation in other related laws.

Neither the Governor nor the Department of Transportation or

any other Commonwealth agency shall participate in the

compliance with any Federal law, regulation or policy that would

compromise the economic privacy or biometric data of any

resident of this Commonwealth.

Section 5.  Legal challenge.

Either the Governor or the Attorney General may file an

action in a court of competent jurisdiction to challenge the

constitutionality or legality of the REAL ID Act of 2005.

Section 6.  Effective date.

This act shall take effect in 60 days.