SB1431: REAL ID Act of 2005; State will not comply with provision thereof that compromises economic privacy.


SENATE BILL NO. 1431
Senate Amendments in [ ] February 10, 2009
A BILL to authorize the Commonwealth's lack of compliance with certain provisions of the REAL ID Act.
Patron Prior to Engrossment--Senator Cuccinelli

Referred to Committee on General Laws and Technology

Be it enacted by the General Assembly of Virginia:

1.  1. Participation in the REAL ID Act of 2005.

A. For purposes of this Act, the following words and phrases shall have the meanings respectively ascribed to them in this Act except in those instances where the context clearly indicates a different meaning:

"Biometric data" means 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; and

9. Deoxyribonucleic acid or ribonucleic acid.

"Biometric samples" means anything used as a source to develop, create, or extract biometric data.

"Economic privacy" means 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 local government;

2. Information on financial transactions conducted by or on behalf of the individual; and

3. Information on investment transactions conducted by or on behalf of the individual.

"REAL ID Act of 2005" means 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).

B. [ Neither With the exception of identification cards issued to employees of the Department of State Police and any other law enforcement officer employed by any agency of the Commonwealth, neither ] the Governor nor the Department of Motor Vehicles nor any other agency of the Commonwealth shall comply with any provision of the REAL ID Act of 2005 [ and any other federal law, regulation, or policy ] that would compromise the economic privacy, biometric data, or biometric samples of any resident of the Commonwealth.

SENATE BILL NO. 1431
Offered January 16, 2009
A BILL to authorize the Commonwealth's lack of compliance with certain provisions of the REAL ID Act.
Patron-- Cuccinelli

Referred to Committee on General Laws and Technology

Be it enacted by the General Assembly of Virginia:

1. 1. Participation in the REAL ID Act of 2005.

A. For purposes of this Act, the following words and phrases shall have the meanings respectively ascribed to them in this Act except in those instances where the context clearly indicates a different meaning:

"Biometric data" means 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; and

9. Deoxyribonucleic acid or ribonucleic acid.

"Biometric samples" means anything used as a source to develop, create, or extract biometric data.

"Economic privacy" means 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 local government;

2. Information on financial transactions conducted by or on behalf of the individual; and

3. Information on investment transactions conducted by or on behalf of the individual.

"REAL ID Act of 2005" means 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).

B. Neither the Governor nor the Department of Motor Vehicles nor any other agency of the Commonwealth shall comply with any provision of the REAL ID Act of 2005 and any other federal law, regulation, or policy that would compromise the economic privacy, biometric data, or biometric samples of any resident of the Commonwealth.