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Appendix E. Biometrics (Fraud and Use) Legislation by State

State

Citation

Summary

Status

California

AB 1474

Requires the DMV to cross-reference thumb or fingerprints collected at application for driver's license or identification cards with state Department of Justice database to prevent fraud. Increases driver's licenses fees to pay for system. Bill also prohibits use of this information by third parties.

Passed Assembly June 4, 2001. July 18, 2001: do pass from Senate Transportation Committee, to Committee on Privacy.

 

SB 1254

Expands "personal identifying information" in identity theft law to include federal driver's license, biometric information, and other specified information. Also, increases penalties related to possession of identity information.

Passed Assembly May 8, 2002. May 20, 2002: in Senate Committee on Public Safety. Committee reported do pass: June 12, 2002. June 27, 2002: Senate Appropriations Committee reported do pass. August 24, 2002: approved by governor.

Connecticut

HB 5759

Allows commissioner of Motor Vehicles to fingerprint applicants for driver's licenses. Substitute bill deleted this provision.

Signed by governor: June 3, 2002.

 

SB 19

Adds individual's photograph, digitized image and Social Security number to definition of "highly restricted personal information" to be disclosed only in accordance with 18 U.S.C. 2721 (Federal Driver's Privacy Protection Act).

March 12, 2002: incorporated into SB 20 (Signed by governor June 3, 2002).

Iowa

HB 647

Amends provision relating to the release of digital photographs to allow for their release to state and federal agencies in performance of their duties.

Signed by governor: April 26, 2001.

Kansas

SB 410

Adds digital images to "motor vehicle records" that are not to be disclosed. Amends purposes and procedures for how and when those records can be disclosed including their use for carrying out law enforcement.

Approved by governor April 24, 2002.

New Hampshire

HB 1456

Creates a misdemeanor for any person to knowingly scan, record, retain or store, in any electronic format, personal information obtained from any driver's license, unless authorized by the Department of Safety.

Signed by governor: May 17, 2002.

New York

AB 5504

Allows police agencies access to photo image files obtained by DMV.

Bill died.

Source: NCSL, 2002

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