senate Bill S5140A

2019-2020 Legislative Session

Relates to the use of biometric identifying technology

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Education Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2019 print number 5140a
Jun 10, 2019 amend and recommit to education
Apr 11, 2019 referred to education

Co-Sponsors

S5140 - Details

See Assembly Version of this Bill:
A6787
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §2-e, Ed L

S5140 - Summary

Directs the commissioner of education to conduct a study on the use of biometric identifying technology; prohibits the use of biometric identifying technology in schools until July 1, 2022.

S5140 - Sponsor Memo

S5140 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5140

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 11, 2019
                               ___________

Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to the use  of  biometric
  identifying technology

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 2-e to
read as follows:
  § 2-E. USE OF BIOMETRIC IDENTIFYING TECHNOLOGY. 1.  AS  USED  IN  THIS
SECTION:
  A.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY"  SHALL  MEAN  TECHNOLOGY THAT
UTILIZES A STUDENT'S BIOMETRIC RECORD  INCLUDING  BUT  NOT  LIMITED  TO,
TECHNOLOGY  THAT PROVIDES AUTOMATED FACIAL RECOGNITION AND OBJECT RECOG-
NITION OF LIVE AND RECORDED SURVEILLANCE VIDEO.
  B. "BIOMETRIC RECORD" SHALL MEAN A RECORD OF ONE  OR  MORE  MEASURABLE
BIOLOGICAL  OR BEHAVIORAL CHARACTERISTICS THAT CAN BE USED FOR AUTOMATED
RECOGNITION OF AN INDIVIDUAL. EXAMPLES INCLUDE FINGERPRINTS; RETINA  AND
IRIS  PATTERNS;  VOICEPRINTS;  DNA SEQUENCE; FACIAL CHARACTERISTICS; AND
HANDWRITING.
  C. "FACIAL RECOGNITION" SHALL MEAN A BIOMETRIC APPLICATION  OR  BIOME-
TRIC IDENTIFYING TECHNOLOGY CAPABLE OF UNIQUELY IDENTIFYING OR VERIFYING
A  PERSON  BY  COMPARING  AND  ANALYZING  PATTERNS BASED ON THE PERSON'S
FACIAL CONTOURS.
  2. ON OR BEFORE THE FIRST OF DECEMBER TWO THOUSAND TWENTY, THE COMMIS-
SIONER, IN CONSULTATION WITH THE  DEPARTMENT'S  CHIEF  PRIVACY  OFFICER,
SHALL  STUDY  AND MAKE RECOMMENDATIONS TO THE GOVERNOR, TEMPORARY PRESI-
DENT OF THE SENATE AND SPEAKER OF  THE  ASSEMBLY  ON  WHETHER  BIOMETRIC
IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION,
IS  APPROPRIATE FOR USE IN PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY
SCHOOLS, INCLUDING CHARTER SCHOOLS, AND IF  SO,  WHAT  RESTRICTIONS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10753-01-9

Co-Sponsors

S5140A (ACTIVE) - Details

See Assembly Version of this Bill:
A6787
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §2-e, Ed L

S5140A (ACTIVE) - Summary

Directs the commissioner of education to conduct a study on the use of biometric identifying technology; prohibits the use of biometric identifying technology in schools until July 1, 2022.

S5140A (ACTIVE) - Sponsor Memo

S5140A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5140--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 11, 2019
                               ___________

Introduced  by  Sens. KAVANAGH, MYRIE, SALAZAR -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law, in relation to the use  of  biometric
  identifying technology

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 2-e to
read as follows:
  § 2-E. USE OF BIOMETRIC IDENTIFYING TECHNOLOGY. 1.  AS  USED  IN  THIS
SECTION:
  A.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY" SHALL MEAN ANY COMPUTER SOFT-
WARE, ALGORITHM, PRODUCT, OR APPLICATION THAT COLLECTS OR ELECTRONICALLY
ANALYZES BIOMETRIC INFORMATION FOR THE PURPOSES OF IDENTIFYING AN  INDI-
VIDUAL.
  B.  "BIOMETRIC  INFORMATION"  SHALL  MEAN  ANY  MEASURABLE PHYSICAL OR
BEHAVIORAL  CHARACTERISTICS  THAT  ARE  ATTRIBUTABLE  TO  AN  INDIVIDUAL
PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT
CHARACTERISTICS,  HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHAR-
ACTERISTICS, AND ANY OTHER PHYSICAL CHARACTERISTICS THAT CAN BE USED  TO
IDENTIFY A PERSON INCLUDING, BUT ARE NOT LIMITED TO: FINGERPRINTS; HAND-
PRINTS;  RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL
GEOMETRY.
  C. "FACIAL RECOGNITION" SHALL MEAN A BIOMETRIC APPLICATION  OR  BIOME-
TRIC IDENTIFYING TECHNOLOGY CAPABLE OF UNIQUELY IDENTIFYING OR VERIFYING
A  PERSON  BY  COMPARING  AND  ANALYZING  PATTERNS BASED ON THE PERSON'S
FACIAL CONTOURS.
  2. A. ON OR BEFORE THE FIRST OF DECEMBER TWO THOUSAND TWENTY-ONE,  THE
COMMISSIONER,  IN CONSULTATION WITH THE DEPARTMENT'S CHIEF PRIVACY OFFI-
CER, SHALL STUDY AND MAKE RECOMMENDATIONS  TO  THE  GOVERNOR,  TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON WHETHER BIOMETRIC
IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION,
IS  APPROPRIATE FOR USE IN PUBLIC AND NONPUBLIC ELEMENTARY AND SECONDARY

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