senate Bill S5140B

2019-2020 Legislative Session

Relates to the use of biometric identifying technology

download bill text pdf

Sponsored By

Current Bill Status Via A6787 - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2020 returned to assembly
passed senate
3rd reading cal.779
substituted for s5140b
Jul 22, 2020 substituted by a6787d
Jul 21, 2020 ordered to third reading cal.779
Jul 20, 2020 reported and committed to rules
Mar 18, 2020 print number 5140b
Mar 18, 2020 amend and recommit to education
Jan 08, 2020 referred to education
Jun 10, 2019 print number 5140a
Jun 10, 2019 amend and recommit to education
Apr 11, 2019 referred to education

Votes

view votes

Jul 21, 2020 - Rules committee Vote

S5140B
16
1
committee
16
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 20, 2020 - Education committee Vote

S5140B
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

Co-Sponsors

S5140 - Details

See Assembly Version of this Bill:
A6787
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 or until the commissioner authorizes such purchase or utilization, whichever occurs later.

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

view additional co-sponsors

S5140A - Details

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

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.

S5140A - Sponsor Memo

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

view additional co-sponsors

S5140B (ACTIVE) - Details

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

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.

S5140B (ACTIVE) - Sponsor Memo

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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