ID Scanning Laws Updates – Q1 2023

Summary of Q1 2023 Legislation Relating to ID Scanning or Identity Verification

As the middle of 2023 approaches, many state legislatures have concluded their 2022-23 sessions while others continue to be active. There has been far less activity this month than in the first quarter of this year on the regulation of scanning technology at the point of sale for tobacco and alcohol products. Two bills were signed into law this quarter by the Governors of Arizona and Iowa. The Arizona bill revises statutes relating to the sale of liquor processes and procedures. The Iowa bill enacted a comprehensive consumer privacy law. Iowa is now the seventh state to enact such laws. 

Data Security

In New York, a proposed bill would require the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products. It would establish that where the use of the device indicates that the person is under the age of twenty-one, the attempted purchase of the alcoholic beverage shall be denied. In addition, the bill would require the seller of tobacco products to scan a person’s government or tribal-issued identification.

A Maryland bill would prohibit a person from using a scanning device to scan or swipe an identification card or a driver’s license of an individual to obtain personal information. It would also provide that a violation would be subject to penalties under the Maryland Consumer Protection Act.

Two proposed Wisconsin bills would require an individual making a delivery of alcoholic beverages to examine a customer’s identification, and to verify visually and by using electronic scanning technology that the customer is at least 21 years of age. The act would also require the creation of a record of the age verification. The retailer must retain the verification records for three years.

Catalog of Legislative Initiatives Relating to ID Scanning or Identity Verification By State

State	Bill No.	Summary	Status
AZ	H 2223	Revises statutes relating to the sale of liquor processes and procedures. Amends sections 4-101, 4-203, 4-205.02, 4-207, 4-207.3, 4-241, 4-243, 4-244.04 and 42-3355 Adds sections 4-205.14	Signed by Governor, 04/06/2023 Effective December 21, 2023
HI	S 1085	Would establish standards for the collection, storage, retention, and destruction of biometric identifiers and biometric information by private entities.	The committee on Labor & Technology deferred the measure. 02/10/2023
IA	SB 262	Relates to consumer data protection and provides civil penalties.  Adds section 715D.1	Signed by the Governor, 03/28/2023 Effective January 1, 2025
IA	SB1128	Would enact act relating to the regulation of certain tobacco products and providing penalties.	Committee report approving bill, 02/21/2023
IN	SB 5	Would enact consumer data protection.	Signed by the President of the Senate, 04/26/2023
MD	SB 861	Would prohibit a person from using a scanning device to scan or swipe an identification card or a driver’s license of an individual to obtain personal information of the individual.	Hearing scheduled, 03/15/2023
MS	H 73	Would prohibit certain retailers and retail establishments from using embedded technology programs in self-checkout terminals or self-service checkouts to scan information on a customer’s driver’s license.	Died in Committee, 01/31/2023
MT	H 293	Would require a seller of tobacco products to scan a person’s government or tribal-issued identification.	Tabled in Committee on Public Health, Welfare and Safety, 04/05/2023
MT	H 300	Would require a seller of tobacco products to scan a person’s government or tribal-issued identification.	Missed Deadline for General Bill Transmittal, 03/10/2023
NV	A 53	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.	Referred to Committee on Revenue and Economic Development, 04/27/2023
NY	A 294	Would revise provisions governing tobacco.	No further action allowed, 04/15/2023
NY	A 2621	Would relate to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products. Would establish that if the use of the device indicates that the person is under the age of twenty-one, the attempted purchase of the alcoholic beverage shall be denied.	Referred to economic development, 01/26/2023
NY	S 365	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.	Reported and Committed to Internet and Technology, 04/25/2023
OK	H 1707	Would require delivery service licensees to possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least 21 years of age and collect the recipient’s name and date of birth.	Second Reading Referred to Rules, 02/07/2023
OK	H 2090	Would require delivery service licensees to possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least 21 years of age and collect the recipient’s name and date of birth to deliver alcoholic beverages from a store.	Passed Alcohol, Tobacco, and Controlled Substances Committee, 03/01/2023
SC	S 425	Would require a retail dealer or delivery service employee to scan and retain, or manually record or document the recipient’s name, date of birth, type of identification presented and signature.	Scrivener’s error corrected, 03/16/2023
WI	AB 127	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.	Fiscal estimate received, 04/06/2023
WI	SB 130	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 that the customer is at least 21 years of age.	Fiscal estimate received, 04/07/2023

For more on ID Laws by state, visit our ID Laws Portal.