HB1243: prohibiting the collection of biometric data.

CHAPTER 133

HB 1243 – FINAL VERSION

19Feb2004… 0199h

04/22/04 1210s

2004 SESSION

03-2074

03/01

HOUSE BILL 1243

AN ACT prohibiting the collection of biometric data.

SPONSORS: Rep. Kurk, Hills 48; Rep. M. Smith, Straf 72; Sen. Odell, Dist 8

COMMITTEE: Transportation

ANALYSIS

This bill prohibits the state from collecting, obtaining, or retaining any biometric data in connection with motor vehicle registration or operation, or in connection with driver licensing.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2004… 0199h

04/22/04 1210s

03-2074

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT prohibiting the collection of biometric data.

Be it Enacted by the Senate and House of Representatives in General Court convened:

133:1 New Section; Administration of Motor Vehicle Laws; Collection of Biometric Data Prohibited. Amend RSA 260 by inserting after section 10-a the following new section:

260:10-b Collection of Biometric Data Prohibited.

I. The state shall not collect, obtain, or retain any biometric data in connection with motor vehicle registration or operation, or in connection with driver licensing. “Biometric data” includes, but is not limited to:

(a) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.

(b) Facial feature pattern characteristics.

(c) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.

(d) Voice data used for comparing live speech with a previously-created speech model of a person’s voice.

(e) Iris recognition data containing color or texture patterns or codes.

(f) Keystroke dynamics, measuring pressure applied to key pads.

(g) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.

(h) Retinal scans, reading through the pupil to measure blood vessels lining the retina.

(i) DNA/RNA.

II. Paragraph I shall not apply to:

(a) The collection or retention of fingerprints or the purpose of enforcing laws relating to serious traffic offenses, including, but not limited to, driving while intoxicated, reckless driving, negligent homicide with a motor vehicle, operating after being declared an habitual motor vehicle offender, or any motor vehicle offense for which a physical custody arrest was made and bail is required.

(b) The taking or use of signatures, computerized images, likenesses, or photographs, in any form used by the department prior to the effective date of this subparagraph, for licensing purposes, provided that the taking or use is consistent with the provisions of RSA 260:14.

(c) The taking of fingerprints for the purpose of performing criminal records checks required under federal regulations governing the issuance of hazardous materials endorsements on drivers’ licenses.

133:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 19, 2004)

(Effective Date: July 18, 2004)