THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

AS AMENDED ON SECOND CONSIDERATION, JUNE 23, 2009   

AN ACT

Relating to compliance with the Federal REAL ID Act of 2005 and

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other laws involving biometric and economic privacy.

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, including, but not limited to,

the following:

(1)  Fingerprints, palm prints and other means for

measuring or recording ridge pattern or fingertip

characteristics.

(2)  Facial feature pattern characteristics.

(3)  Behavior characteristics of a handwritten signature,

such as shape, speed, pressure, pen angle or sequence.

(4)  Voice data used for comparing live speech with a

previously created speech model of an individual's voice.

(5)  Iris recognition data containing color or texture

patterns or codes.

(6)  Keystroke dynamics, measuring pressure applied to

key pads.

(7)  Hand geometry, measuring hand characteristics,

including the shape and length of fingers, in three

dimensions.

(8)  Retinal scans, reading through the pupil to measure

blood vessels lining the retina.

(9)  Deoxyribonucleic acid or ribonucleic acid.

"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 considered to be confidential to that

individual, including, but not limited to:

(1)  Information included in a tax return required by law

to be filed with the Federal, State or a local government.

(2)  Information on financial transactions conducted by

or on behalf of the individual.

(3)  Information of investment transactions conducted by

or on behalf of the individual.

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

Supplemental Appropriations Act for Defense, the Global War on

Terror and 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.

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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 20.  Effective date.

This act shall take effect in 60 days.