Last updated on November 8th, 2023 at 11:28 am

Summary of Q2 2023 legislation relating to ID scanning or identity verification

The summer of 2023 means that many state legislatures have concluded their 2022-23 sessions. A few others continue to be active, with new bills being introduced in several states that either allow legislation to be carried-over, or that meet in continuous session. 

Alcoholic beverages

A bill introduced in Delaware would require third-parties who deliver alcoholic beverages to purchasers to verify the age of the purchaser, and retain records of that information. A Pennsylvania bill to require amusement parks to utilize a transaction scan device to verify the age of an individual who purchases alcoholic beverages passed the House and was referred to committee in the Senate.

Cannabis

As states begin to allow the legal use of recreational cannabis, bills relating to identification requirements have been introduced. A new law in Delaware that legalizes marijuana includes provisions that would prohibit the state from imposing requirements that the identification of purchasers be recorded. Similar bills were introduced in Hawai’i and Pennsylvania.

Data security

A data protection law was approved by the Governor of Indiana, and will be effective January 1, 2026. In New York, a proposed bill to enact the New York Privacy Act passed the Senate and was referred to committee in the Assembly.

Firearms

Bills to require verification of identity for firearms purchases or entry into a gun show, and to require sellers or show sponsors to record that information, were introduced in Pennsylvania and Wisconsin.

Scrap metals

A bill approved by the Governor of New Jersey would require recording of the identification information of a person who sells a catalytic converter to a scrap metal dealer. A similar bill was enrolled in both houses of the New Hampshire General Court.

Tobacco

An Iowa bill to require proof of age to purchase smoking paraphernalia passed the senate and was amended in the House. A bill in Montana to require a scan of identification before allowing a person to purchase tobacco died in committee, and a similar Nevada bill died in committee on sine die adjournment of the Legislature.

Other

A New York bill that would allow scans of identification cards to verify the age of purchasers of diet pills or dietary supplements passed both houses of the Legislature.

Delaware H 2 – Relating to the creation of the Delaware Marijuana Control Act

Legalizes the sale and use of marijuana. A  retail marijuana store may not be required to acquire and record personal information about consumers.

Enacted without the Governor’s approval 04/27/2023; effective  upon publication in the Register of Regulations of a notice by the Controller General that the funds required to implement the Act have been appropriated.

Delaware S 166 – An act to amend the Delaware code relating to alcoholic liquors

Alcoholic beverages conveyed to a purchaser through a third-party delivery vendor may be delivered only after the vendor has verified that the recipient is not intoxicated and is 21 years of age or older, signified by the recipient’s identification with a photograph that reasonably appears to match the appearance of the recipient. The vendor shall maintain a record of the following information for all recipients for a period of 2 years: name, date of birth, and address to which the alcoholic beverages were delivered. If such person’s age and apparent sobriety cannot be verified, the alcoholic liquors must be returned to the premises of the licensee.

Introduced 06/06/2023; referred to Senate Finance Committee.

Hawaii SB 669 – Relating to cannabis

Would decriminalize recreational cannabis. The Hawai’i   Cannabis Regulatory Authority would  not be allowed to require a consumer purchasing cannabis for personal use to provide a retail cannabis store or dual use cannabis dispensary with personal information other than government issued identification to determine the consumer’s age. A retail cannabis store or dual use cannabis dispensary would not be required to acquire and record personal information about consumers purchasing cannabis for personal use.

Passed Senate 03/07/2023.

Iowa SB 1128 – Relating to the regulation of certain tobacco products

Would enact act relating to the regulation of certain tobacco products and providing penalties.

Renumbered SF 345, 02/21/2023

Iowa SF 345 – Relating to the regulation of certain tobacco products

A retailer of devices for smoking tobacco, hemp, or other plant products or controlled substances would not be permitted to sell, give, or otherwise supply a device to any person under twenty-one years of age and would be required to verify the age of all purchasers of devices. If a device was purchased at a retail outlet, valid proof of the purchaser’s identity and age would be obtained at the time the device was supplied to the purchaser.

Passed Senate, 03/06/2023; recommended passage as amended by House Ways & Means Committee 04/13/2023; re-referred to Committee 05/04/2023.

Indiana SB 5 – Relating to consumer data protection

Enacts consumer data protection. Adds Article 15 to IC Tile 24.

Approved by the Governor, 05/01/2023; effective 01/01/2026.

Montana H 293 – General revisions to laws relating to alternative nicotine and vapor products

Would require a seller of tobacco products to scan a person’s government or tribal-issued identification.

Died in Standing Committee, 05/08/2023

New Hampshire S 188 – Relating to ID documentation relative to catalytic converters

No person or entity licensed as a junk dealer, a second hand dealer, motor vehicle repair shop, an automobile graveyard, or a junkyard shall purchase, accept, or acquire a catalytic converter from another person or entity unless the seller or offeror presents proof of identification in addition to a bill of sale or other legal document demonstrating ownership of the catalytic converter.  The licensee shall preserve photocopies or digital images of the documentation.
The licensee must keep records of all transactions.  The licensee shall make available to the chief of police or the chief’s designee any records created upon request by the chief or the chief’s designee.  The following shall be included in the records:
– The date of a transaction for the catalytic converter;
– The name, address, telephone number and signature of the person from whom the catalytic converter was purchased or received;
– A photocopy or digital image of the person’s photo identification;
– The license plate number and vehicle identification number of the vehicle used to transport the old or used metals to the licensee, whenever applicable;
– A description of the catalytic converter;
– A photograph of the catalytic converter;
– Photocopies or digital images of the bill of sale or other legal documents demonstrating ownership by the seller or offeror; and
– The price paid by the licensee for the catalytic converter.

Enrolled in both houses, 06/29/2023.

New Jersey S 249 – Relating to the purchase of catalytic converters

Expands the definition of “scrap metal” to include catalytic converters.  The operator of a scrap metal business who purchases a catalytic converter shall:
Verify the identity of any person delivering or selling a converter by requesting and examining a photograph-bearing, valid State or federal driver’s license or other government-issued form of identification bearing a photograph;

Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver’s license or other government-issued form of identification presented by the person delivering or selling the converter before receiving or purchasing a converter from that person;

Maintain, for at least five years, a record of all receipts or purchases of scrap metal (including converters) in excess of 100 pounds or $50, whichever is less.

For a used catalytic converter, in whole or in part, that is not attached to a motor vehicle at the time of sale or attempted sale, unless the seller is a registered business that, in the regular course of business, collects, stores, or sells a used catalytic converter or any other motor vehicle part, the record must include:
– The Vehicle Identification Number of the motor vehicle from which the catalytic converter was taken; and
– A copy of the certificate of title or registration, a receipt from a transaction of repair, or a bill of sale for the motor vehicle from which the catalytic converter was taken; and
– Any other information as may be required by the Attorney General.

Approved by the Governor 05/15/2023; effective upon approval.

Nevada A 53 – Relating to ID scanning for tobacco purchases

Would require that a person utilize scanning technology or other automated, software-based system to verify that a person who purchases tobacco products is 21 years of age or older. A person found to be in violation of the requirements is liable for a civil penalty of $100 for each offense.

Recommended do pass by Committee on Revenue and Economic Development, 05/18/2023. The Legislature adjourned sine die 06/06/2023.

New York A 5610 – Relating to restrictions on over-the-counter diet pills and dietary supplements

The bill would make it unlawful to sell or offer to sell or give away, as either a retail or wholesale promotion, an over-the-counter diet pill or dietary supplement for weight loss or muscle building within this state to any person under eighteen years of age. Retail establishments shall require proof of legal age for purchase of such products. Proof of legal age shall mean (a) a valid driver’s license or non-driver’s identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States, a provincial government of the dominion of Canada, or the city of New York, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least eighteen years of age, or (d) a student identification card, provided such card indicates the date of birth of the individual. 
Any person operating a retail establishment may perform a transaction scan as a precondition for the purchase of over-the-counter diet pills or dietary supplements for weight loss or muscle building. If the information deciphered by the transaction scan fails to match the information printed on the driver’s license or non-driver identification card, or if the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied.

Passed Assembly 06/01/2023; passed Senate 06/05/2023; returned to Assembly

New York S 365 – Relating to companies disclosing their methods of de-identifying personal information

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.

Passed Senate as amended, 06/28/2023; referred to Assembly Consumer Affairs & Protection Committee.

Pennsylvania H 1080 – Relating to the legalization of recreational cannabis by adults

Legalizes the recreational use of cannabis by adults. Cannabis sales would be regulated by the Pennsylvania Liquor Control Board. The Board would not be permitted to adopt regulations that would  require a consumer to provide a retail cannabis store with personal information other than government- issued identification to determine the consumer’s age, and a retail cannabis store may not be required to acquire and record personal information about a consumer other than information typically acquired in a financial transaction conducted at a retail liquor store.

Introduced 05/02/2023; referred to House Committee on Health.

Pennsylvania H 1096 – Amendments to the Liquor Code requiring ID scanning devices at amusement parks

An amusement park that holds a public venue license would be required to utilize a transaction scan device to verify the age of an individual who appears to be under thirty-five years of age before making a sale of liquor and malt or brewed beverages; however, an acceptable form of identification  that cannot be scanned may be accepted by the licensee. An amusement park could not sell or share data from the use of a transaction scan device, except that the licensee would be allowed to use the data to show the Enforcement Bureau that the licensee is in compliance with the law. 
The term “transaction scan device” means a device capable of deciphering, in an electronically readable format, the information encoded on the magnetic strip or bar code of an identification card.

Passed the House 07/06/2023; referred to Senate Law & Justice Committee 07/17/2023.

Pennsylvania H 1563 – Relating to the use of an ID scanning device at gun shows

Would require the organizer of a gun show or meet to utilize a transaction scan device to verify the identity of an attendee at the show or meet by scanning the attendee’s identification before allowing an attendee to enter the premises. The organizer or the organizer’s representative would be required to maintain a record of all attendees permitted entry to the premises of a lawful gun show or meet. An attendee who failed to present identification or who presented identification that could not be verified by a transaction scan device would not be permitted entrance to the premises. Acceptable forms of identification would include:
– A valid photo driver’s license;
– A valid government-issued photo identification card that contains the holder’s name, date of birth and signature;
– A valid government-issued photo identification card that does not contain the holder’s name, date of birth and signature, but is accompanied by a document with the holder’s address, including, but not limited to, a utility bill, residential lease agreement or mortgage; or
– A valid driver’s license or a valid government-issued identification without a photo if the holder is a member of a religious sect or community whose tenets forbid or discourage the taking of photographs.
An organizer or the organizer’s representative would be required to maintain the record of all attendees for a period of no less than five years.

Introduced 07/11/2023; referred to House Judiciary Committee.

Wisconsin A 368 – Relating to sales and transfers of firearms

Would require all transfers of ownership of firearms to be conducted by licensed dealers, and would require dealers to transmit the transferee’s name, date of birth, gender, race, and Social Security number, and other identification necessary to permit an accurate firearms restrictions record search by the Department of Justice.

Introduced 07/27/2023;  referred to Assembly Committee on Criminal Justice and Public Safety.

Conclusion

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