Senate Bill S9043

2017-2018 Legislative Session

Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	referred to rules

2017-S9043 (ACTIVE) - Details

See Assembly Version of this Bill:: A11162
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-b, ABC L

2017-S9043 (ACTIVE) - Summary

Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages; authorizes a licensee, its agent or employee to determine a person's age when purchasing alcoholic beverages by use of a biometric identity verification device; establishes where the use of the device indicates that the person is under the age of twenty-one, the attempted purchase of the alcoholic beverage shall be denied.

2017-S9043 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9043

SPONSOR: MURPHY
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to the
use of biometric identity verification devices for the purchase of alco-
holic beverages

 
PURPOSE OF THE BILL:

This bill permits biometric age verification in order to purchase alco-
holic beverages and creates an affirmative defense for the use of such
system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 65-b of the Alcoholic Beverage Control Law to define
"biometric identity verification device."

Section 2 amends § 65-b of the Alcoholic Beverage Control Law to author-

ize the use of a "biometric identity verification device" by a licensee,
agent, or employee to determine a person's age for the purchase of alco-
holic beverages.

Section 3 amends § 65-b of the Alcoholic Beverage Control Law to include
biometric age verification as an affirmative defense to the sale of
alcoholic beverage(s) to an underage individual.

Section 4 provides the effective date.

 
JUSTIFICATION:

Biometric age verification will help consumers and businesses by allow-
ing people to enter their favorite establishments quickly and without
having to present photo identification, or even give their names and
dates of birth. The process and technology authorized by this legis-
lation will simply indicate to an establishment whether the customer is
21 years of age or older.

Biometric age verification technology is incredibly easy to use and
highly accurate. The system identifies individuals and verifies their
age using biometric information that is extremely difficult to alter or
"fake," such as a fingerprint. In fact, the technology, which is
currently in use by the Transportation Security. Administration, managed
a 100% accurate verification rate.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90 days after it shall have become
law. Effective immediately the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.

2017-S9043 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9043
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the alcoholic beverage control law, in relation  to  the
   use  of  biometric  identity  verification devices for the purchase of
   alcoholic beverages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 65-b of the alcoholic beverage
 control law is amended by adding a new paragraph (d) to read as follows:
   (D) "BIOMETRIC IDENTITY VERIFICATION DEVICE" SHALL MEAN ANY COMMERCIAL
 DEVICE USED AT A POINT OF SALE OR  ENTRY  THAT  INSTANTLY  VERIFIES  THE
 IDENTITY  AND  AGE OF A PERSON USING: (I) AN ELECTRONIC SCAN OF A BIOME-
 TRIC OF SUCH PERSON, INCLUDING A FINGERPRINT, IRIS IMAGE, FACIAL  IMAGE,
 OR  OTHER BIOMETRIC, OR ANY COMBINATION THEREOF, AND (II) A COMMERCIALLY
 AVAILABLE KNOWLEDGE BASED ELECTRONIC AUTHENTICATION PROCESS, AS APPROVED
 BY THE AUTHORITY, WHEREIN THE BIOMETRIC SCAN OF SUCH  PERSON  IS  REFER-
 ENCED  AGAINST  ANY  RECORD AS DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION
 TWO OF THIS SECTION.
   § 2. Subdivision 2 of section 65-b of the alcoholic  beverage  control
 law is amended by adding a new paragraph (d) to read as follows:
   (D)  IN LIEU OF OR IN ADDITION TO ACCEPTING WRITTEN EVIDENCE OF AGE AS
 SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, A LICENSEE, ITS AGENT OR
 EMPLOYEE MAY DETERMINE A PERSON'S AGE BY USE  OF  A  BIOMETRIC  IDENTITY
 VERIFICATION  DEVICE.  IN ANY INSTANCE WHERE THE USE OF THE DEVICE INDI-
 CATES THAT THE  PERSON  IS  UNDER  THE  AGE  OF  TWENTY-ONE  YEARS,  THE
 ATTEMPTED PURCHASE OF THE ALCOHOLIC BEVERAGE SHALL BE DENIED.
   §  3.  Subdivision 7 of section 65-b of the alcoholic beverage control
 law, as added by chapter 519 of the laws of 1999, is amended to read  as
 follows:
   7.  (a)  In  any  proceeding  pursuant  to  subdivision one of section
 sixty-five of this article, it shall be an affirmative defense that: (I)
 THE LICENSEE, ITS AGENT OR EMPLOYEE HAD DETERMINED SUCH PERSON'S AGE  BY
 MEANS  OF  A  BIOMETRIC IDENTITY VERIFICATION DEVICE OR THAT such person
 had produced a driver's license or non-driver identification card appar-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16195-01-8

 S. 9043                             2
 
 ently issued by a governmental entity, successfully completed the trans-
 action scan, and (II) that the alcoholic beverage had been sold,  deliv-
 ered  or  given  to  such person in reasonable reliance upon EITHER such
 BIOMETRIC IDENTITY VERIFICATION DEVICE OR SUCH identification and trans-
 action  scan.  In  evaluating  the  applicability  of  such  affirmative
 defense, the liquor authority shall take into consideration any  written
 policy adopted and implemented by the seller to carry out the provisions
 of this chapter. Use of a transaction scan OR BIOMETRIC IDENTITY VERIFI-
 CATION DEVICE shall not excuse any licensee under this chapter, or agent
 or  employee of such licensee, from the exercise of reasonable diligence
 otherwise  required  by  this   section.   Notwithstanding   the   above
 provisions,  any such affirmative defense shall not be applicable in any
 other civil or criminal proceeding, or in any other forum.
   (b) A licensee or agent or employee of a licensee  may  electronically
 or  mechanically  record and maintain only the information OBTAINED from
 USING a transaction  scan  OR  BIOMETRIC  IDENTITY  VERIFICATION  DEVICE
 necessary  to  effectuate the purposes of this section. Such information
 shall be limited to the following: (i) name, (ii) date of  birth,  (iii)
 driver's  license  or non-driver identification number, and (iv) expira-
 tion date. The liquor authority and  the  state  commissioner  of  motor
 vehicles shall jointly promulgate any regulation necessary to govern the
 recording  and  maintenance  of  these  records by a licensee under this
 chapter. The liquor authority  and  the  commissioner  of  health  shall
 jointly  promulgate  any regulations necessary to ensure quality control
 in the use of transaction scan devices OR BIOMETRIC  IDENTITY  VERIFICA-
 TION DEVICES.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S9043

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2017-S9043 (ACTIVE) - Details

2017-S9043 (ACTIVE) - Summary

2017-S9043 (ACTIVE) - Sponsor Memo

2017-S9043 (ACTIVE) - Bill Text download pdf

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Sponsored By

Terrence Murphy

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2017-S9043 (ACTIVE) - Details

2017-S9043 (ACTIVE) - Summary

2017-S9043 (ACTIVE) - Sponsor Memo

2017-S9043 (ACTIVE) - Bill Text download pdf

Comments