THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WOZNIAK, FOLMER, KITCHEN, ERICKSON, KASUNIC, D. WHITE, LEACH, ALLOWAY, BOSCOLA, EARLL, PIPPY, WILLIAMS, M. WHITE, STACK, FONTANA, ORIE, COSTA, WAUGH, FARNESE AND FERLO, FEBRUARY 1, 2011

SENATOR FOLMER, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED, JUNE 15, 2011   

AN ACT

Providing for the electronic swiping of a driver's license or

identification card.

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

Identification Card Electronic Swiping 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:

"Business."  A proprietorship, partnership, corporation or

any other form of commercial enterprise.

"Department."  The Department of Transportation of the

Commonwealth.

Section 3.  Electronic swiping of cards.

(a)  Permitted uses.--

(1)  Any business may swipe a driver's license or

identification card issued by the department in any

electronic device for any of the following purposes:

(i)  To verify the age or the authenticity of the

driver's license or identification card.

(ii)  To comply with a legal requirement to record,

retain or transmit that information.

(iii)  To transmit information to a check service

company for the purpose of approving negotiable

instruments, electronic funds transfers or similar

methods of payments, provided that only the name and

identification number from the license or the card may be

used or retained by the check service company.

(iv)  To collect or disclose personal information

that is required for reporting, investigating or

preventing fraud, abuse or material misrepresentation.

(v)  To process, effect, administer or enforce a

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transaction requested by the holder of the license or

identification card.

(2)  A business may not retain or use any of the

information obtained by that electronic means for any purpose

other than as provided under this section.

(b)  Violation.--A violation of this section constitutes a

misdemeanor punishable by imprisonment in a county jail for not

more than one year or by a fine of not more than $10,000, or

both.

Section 20.  Effective date.

This act shall take effect in 60 days.