Senate Bill S5140A

Signed By Governor
2019-2020 Legislative Session

Relates to the use of biometric identifying technology

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6787 - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2019-S5140 - Details

Law Section:
Education Law
Laws Affected:
Add §2-e, Ed L

2019-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 or until the commissioner authorizes such purchase or utilization, whichever occurs later.

2019-S5140 - Sponsor Memo

2019-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

2019-S5140A - Details

Law Section:
Education Law
Laws Affected:
Add §2-e, Ed L

2019-S5140A - 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 or until the commissioner authorizes such purchase or utilization, whichever occurs later.

2019-S5140A - Sponsor Memo

2019-S5140A - 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
              

co-Sponsors

2019-S5140B (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Add §2-e, Ed L

2019-S5140B (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 or until the commissioner authorizes such purchase or utilization, whichever occurs later.

2019-S5140B (ACTIVE) - Sponsor Memo

2019-S5140B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5140--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2019
                                ___________
 
 Introduced  by Sens. KAVANAGH, BIAGGI, KRUEGER, MYRIE, RAMOS, SALAZAR --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Education  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee on Education in accordance with Senate
   Rule  6,  sec.  8  --  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  TOOL  USING  AN
 AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S
 IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION.
   B. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO-
 LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
 TERISTICS,  HAND  CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
 ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE  USED  TO  IDENTIFY  A
 PERSON  INCLUDING,  BUT  ARE  NOT  LIMITED TO: FINGERPRINTS; HANDPRINTS;
 RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT;  AND  FACIAL  GEOM-
 ETRY.
   C.  "FACIAL  RECOGNITION"  SHALL  MEAN  ANY TOOL USING AN AUTOMATED OR
 SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING
 A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE.
   2. PUBLIC AND NONPUBLIC ELEMENTARY AND  SECONDARY  SCHOOLS,  INCLUDING
 CHARTER SCHOOLS, SHALL BE PROHIBITED FROM PURCHASING OR UTILIZING BIOME-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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