Summary of Q1 2024 legislation relating to ID scanning or identity verification

As the middle of 2024 approaches, many legislatures have concluded their 2023-24 sessions while others continue to be active.  However, there has been far less activity this quarter than in the fourth quarter of last year on the regulation of scanning technology at the point of sale for tobacco and alcohol products. Only one bill was signed into law this quarter: the Governor of Virginia enacted a bill that requires tobacco retail dealers to verify the identification of consumers by using scanning technology.

Tobacco

Virginia Governor Youngkin signed into law a bill that requires retail dealers that sell retail tobacco products, other than cigar and pipe tobacco products, to verify the identification presented using identification fraud detection software, technology, or a scanner that confirms the authenticity of such identification. The bill is effective July 1, 2024.

Penalties

A Virginia bill seeks to increase the civil penalties for the purchase of tobacco products by persons under the age of twenty-one. Other products include nicotine vapor products, alternative nicotine products, and hemp products. The civil penalties would also increase for retail establishments that sell the products to any individual who does not produce a driver’s license or photo identification. 

In Missouri a bill would add penalty provisions for transactions involving secure identity verification. Any licensee who sells intoxicating liquor to any person under the age of twenty-one will be guilty of a misdemeanor. The bill makes an exception for duly licensed physicians. 

Colorado H 1130 – Relating to the privacy of biometric data

House Considered Senate Amendments, 04/22/2024.

The bill amends the “Colorado Privacy Act” to add protections for an individual’s biometric data by requiring a person that, alone or jointly with others, determines the purposes for and means of processing biometric data (controller) to adopt a written policy that:

• Establishes a retention schedule for biometric identifiers
• Includes a protocol for responding to a breach of security of biometric data; and
• Includes guidelines that require the permanent destruction of a biometric identifier by the earliest of certain dates.

The bill also:

• Prohibits a controller from collecting a biometric identifier unless the controller first satisfies certain disclosure and consent requirements;
• Specifies certain prohibited acts and requirements for controllers that collect and use biometric data;
• Requires a controller to allow a consumer to access and update a biometric identifier;
• Restricts an employer’s permissible reasons for obtaining an employee’s consent for the collection of biometric identifiers; and
• Authorizes the attorney general to promulgate rules to implement the bill.

Connecticut General Assembly Bill 5234. Relating to ID scanning for alcohol purchases

Tabled for the Calendar, 03/25/2024

Would require a transaction scan to check the validity of a driver’s license or identity card presented by a cardholder as a condition for selling, giving away, or otherwise distributing alcoholic liquor to the cardholder. Transaction scan device” means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s license or an identity card.

Illinois SB3517. Relating to the creation of the Privacy Rights Act

Added a Co-Sponsor, 03/06/2024

Would create the Privacy Rights Act. Sets forth duties and obligations of businesses that collect consumers’ personal information and sensitive personal information to keep such information private.

Massachusetts S 227. An act establishing the Massachusetts Information Privacy and Security Act

Reporting date extended to Monday May 6, 2024; Senate Concurred, 04/11/2024

Would establish the Massachusetts Information Privacy and Security Act.

Maryland HB 1180. Relating to age verification for tobacco sales

Referred to Rules, Committee 04/08/2024

Would require certain licensed retailers to verify an individual’s date of birth in a certain manner before selling cigarettes, other tobacco products, or electronic smoking devices.

Maryland Senate Bill 1041. Relating to alcohol deliveries and age verification

Passed Enrolled, 04/05/2024. Takes effect July 1, 2024.

Would establish direct-to-consumer alcoholic beverages delivery permits authorizing the direct delivery of beer, wine, or liquor to a consumer. A standard digital age verification system must be used to verify the age of a person accepting the delivery of alcoholic beverages.

Maryland Senate Bill 1056. Relating to age verification for tobacco sales

Passed Enrolled, 04/08/2024. Takes effect October 1, 2024.

Would require certain licensed retailers to verify an individual’s date of birth before selling cigarettes, other tobacco products, or electronic smoking devices in a certain manner. A person may verify age by means of a government issued photo ID and in direct face-to-face exchange including the assistance of any electronic or mechanical device.

Mississippi House Bill 100

Died in Committee, 03/05/2024

This bill would prohibit certain retailers and establishments from using embedded technology programs in self-checkout terminals or self-service checkouts to scan information on a consumer’s driver’s license in order to verify the age of the person trying to purchase certain items. It would require the age verification to be performed by an employee of the establishment in order to complete the purchase.

Missouri Law 311.310. Sale of alcohol to a minor

Missouri H2599. Would add language to 311.310 that add identity verification as a means to protect retailers in the event of alcohol being sold to a minor.

Public Hearing Scheduled for 04/30/24

To purchase the intoxicating liquor, the person exhibited to the defendant a driver’s license, Missouri nondriver’s identification card, secure identity verification that used a valid government-issued identification card verified through a secure identity verification provider, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was twenty-one years of age and of the legal age for consumption of intoxicating liquor.

New York Assembly Bill S00365. Regarding Consumer Privacy and Protection

Reported and Committed to Internet and Technology, 02/06/2024

This would enact the New York Privacy Act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared. Personal information is any information in which personal data is generated from a person’s natural, biological, physical, or physiological characteristics that allow for unique identification. The de-identified data is data that cannot be reasonably be linked to a particular consumer, household, or device.

Tennessee House Bill 1614. Relation to Protect Tennessee Minors Act

Sponsors Added, 04/23/2024

See also: Tennessee Senate Bill 1792

Transmitted to House, 04/11/2024

An individual or commercial entity that publishes or distributes in this state a website that contains a substantial portion of content harmful to minors is liable if the individual or commercial entity does not:
(1) Verify, using a reasonable age-verification method, the age of each active user attempting to access its website; or
(2) Verify, using a reasonable age-verification method, the age of an active user attempting to access its website again after completion of an age verified session.

A website owner, commercial entity, or third party that executes a required age-verification method shall:
(1) Retain at least seven (7) years of historical anonymized age verification data; and
(2) Not retain any personally identifying information of the active user after access to the content harmful to minors has been granted.

Tennessee Senate Bill 1643. Relating to age verification for certain material

Referred to Senate Commerce and Labor Committee, 01/10/2024

Would require commercial entities that publish or distribute material on an internet website, more than one-third of which is sexual material harmful to minors, to verify that an individual attempting to access the material is 18 years of age or older.

(a) A commercial entity that knowingly and intentionally publishes or distributes material on an internet website, including a social media platform, more than one-third (1/3) of which is sexual material harmful to minors, shall use reasonable age verification methods as described by § 47-18-3403 to verify that an individual attempting to access the material is eighteen (18) years of age or older.
(b) A commercial entity that performs the age verification required by subsection (a) or a third party that performs the age verification required by subsection (a) shall not retain any identifying information of the individual.

A commercial entity that knowingly and intentionally publishes or distributes material on an internet website or a third party that performs age verification under this chapter shall require an individual to:
(1) Provide digital identification; or
(2) Comply with a commercial age verification system that verifies age using:
(A) A government-issued identification; or
(B) A commercially reasonable method that relies on public or private transactional data to verify the age of an individual.

Virginia HB 1090. Relating to increased penalties for the sale of tobacco products to minors

See also: Virginia HB 1240

Left in Courts of Justice, 02/13/2024

Would prohibit the purchase or possession of tobacco products, etc.; persons under 21 years of age; civil penalties. Increases the civil penalty from $100 to $500 for a first violation, $200 to $1,000 for a second violation, and $500 to $2,500 for a third or subsequent violation by an individual or by a separate retail establishment.

Virginia House Bill 1509. Relating to restrictions on the sale of nicotine vapor products

Left in Appropriations, 02/13/2024

Would prohibit the sale of a tobacco product nicotine vapor product, alternative nicotine product, or hemp product intended for smoking to any individual unless they demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.

Any person that sells nicotine vapor products containing liquid nicotine or hemp products intended for smoking to a consumer may not ship for a delivery sale any nicotine vapor products containing liquid nicotine or hemp products intended for smoking without first making a good faith effort to verify the age of the purchaser of the nicotine vapor products containing liquid nicotine or hemp products intended for smoking through an independent, third-party age verification software, service, or technology that compares information available from public records to the personal information entered by the purchaser during the ordering process that establishes the purchaser is of legal age or older

Virginia S 582. Amends the Code of Virginia relating to tobacco purchases

See also, Virginia H 790

Adopted by the Governor, 04/17/2024. Effective July 1, 2024

Before a retail dealer may sell retail tobacco products, other than cigar and pipe tobacco products as defined in § 58.1-1021.01, to any consumer, the person selling, offering for sale, giving, or furnishing the retail tobacco products shall verify that the consumer is of legal age by examining from any person who appears to be under 30 years of age a government-issued photographic identification that establishes that the person is of legal age or, if required pursuant to subdivision C 4 b of § 58.1-1021.04:1 or subdivision B 2 b of § 59.1-293.12, verifying the identification presented using identification fraud detection software, technology, or a scanner that confirms the authenticity of such identification.

Washington Senate Bill 6179. Relating to biometric age verification by liquor licensees

Returned to Senate Rules Committee, 03/07/2024

A biometric age verification system may for the purpose of this title and for the purpose of procuring liquor, be relied upon by any licensee as evidence of legal age of the person using the biometric age verification system, provided the licensee complies with the conditions and procedures prescribed herein and such regulations as may be made by the board.

A biometric age verification system must: (i) Use a biometric system; (ii) Use an electronic authorization process and processes to verify the validity of a card of identification and the identity of the holder of such card of identification;

Wisconsin Assembly Bill 880. An act to amend statues relation to providing alcohol retailers with identification scanners

Failed to Pass, 04/15/2024

Would amend the statutes that provide alcohol beverage retailers with identification scanners. Current law prohibits municipalities from providing to alcohol beverage retail licensees any device capable of scanning a driver’s license or identification card issued by the Department of Transportation. The bill repeals this prohibition and also prohibits a municipality that provides such a device from collecting or retaining data derived from the device.

Wisconsin Senate Bill 130. Relating to scanning IDs during alcohol delivery

Failed to Pass, 04/15/2024

Would require an individual making a delivery of alcohol beverages to examine a customer’s identification and verify visually and by using electronic scanning technology. This has not been passed yet, but a fiscal estimate was received on 04/06/23.

Wisconsin Senate Bill 827. Relating to providing any alcohol retailers with an ID scanning device

Failed to Pass, 04/15/2024

In relation to Assembly Bill 880, this bill would, if the prohibition is lifted, provide alcohol beverage retailers with identification scanners.

Conclusion

Statewide legislation around privacy continues to be passed in states around the country.