04/09/2010 08:30 AM Senate JUDICIARY

              SB 190-BIOMETRIC INFORMATION FOR ID                                                                           
                                                                                                                                
8:31:17 AM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 190 and asked for                                                                
a motion to adopt the committee substitute (CS).                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI moved to adopt the proposed work draft CS                                                                  
for SB 190, labeled 26-LS0332\W, as the working document.                                                                       
                                                                                                                                
SENATOR COGHILL objected for an explanation.                                                                                    
                                                                                                                                
8:34:01 AM                                                                                                                    
SENATOR EGAN joined.                                                                                                            
                                                                                                                                
GEORGE ASCOTT, Staff to Senator Bill Wielechowski, explained                                                                    
that the bill was redrafted at the recommendation of the                                                                        
Attorney General's Office. He outlined the following changes:                                                                   
                                                                                                                                
   · Biometric information is referred to in a new chapter that                                                                 
     does  not reference  DNA.  That information  is  on page  1,                                                               
     lines 3-4.                                                                                                                 
   · The term "collect" was removed from the bill to accommodate                                                                
     the  concern that  it could  prevent  legitimate social  and                                                               
     economic practices.                                                                                                        
   · The bill provides an exception for the retention, analysis,                                                                
     disclosure,  or distribution  of  biometric information  for                                                               
     law  enforcement purposes,  or when  authorized by  state or                                                               
     federal  law. It  clarifies  that  private investigation  in                                                               
     cases  of  fraud  or  arson is  legal,  and  that  biometric                                                               
     information  can   be  collected  for   criminal  background                                                               
     checks.                                                                                                                    
   · The word "willing" is removed from the "informed and                                                                       
     written consent." It mirrors the language found in the                                                                     
     current Genetic Privacy statute.                                                                                           
   · It clarifies that biometric data cannot be required for                                                                    
     personal identification if the person provides a valid U.S.                                                                
     passport and valid state or military ID.                                                                                   
   · The definition section was expanded and distinguishes                                                                      
     between  "biometric information,"  "biometric  data," and  a                                                               
     "biometric system."  To the  extent practicable  the section                                                               
     also  uses  the  National  Science  and  Technology  Council                                                               
     definitions for the specific  forms of biometric information                                                               
     referenced in the bill.                                                                                                    
                                                                                                                                
8:36:37 AM                                                                                                                    
SENATOR COGHILL removed his  objection and expressed satisfaction                                                               
that the new chapter was added.                                                                                                 
                                                                                                                                
CHAIR FRENCH announced that without  further objection, version W                                                               
is before the committee.                                                                                                        
                                                                                                                                
SENATOR  COGHILL   asked  where   it  says  that   the  biometric                                                               
information has to be collected by a specific machine.                                                                          
                                                                                                                                
MR. ASCOTT replied it would be found in the definitions section.                                                                
                                                                                                                                
SENATOR COGHILL observed that it's a good addition.                                                                             
                                                                                                                                
8:39:19 AM                                                                                                                    
SENATOR WIELECHOWSKI  moved to report  CS for SB 190,  version W,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR FRENCH  announced that without  objection CSSB  190(JUD) is                                                               
moved from the Senate Judiciary Standing Committee.