Senate File 2086 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON EDUCATION

                                       (SUCCESSOR TO SF 2001)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act allowing school districts to use biometric fingerprint
  2    identification systems for certain restricted purposes and
  3    providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5045SV 81
  6 kh/je/5

PAG LIN



  1  1    Section 1.  Section 726.22, Code Supplement 2005, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  0A.  "Biometric technology" means a
  1  4 computer=based fingerprint identification system which
  1  5 utilizes an optical scanner or noncontact fingerprinting
  1  6 system that extracts data about a child's fingerprint but does
  1  7 not store the fingerprint or have the ability to reconstruct
  1  8 the fingerprint.
  1  9    Sec. 2.  Section 726.23, subsection 1, Code Supplement
  1 10 2005, is amended to read as follows:
  1 11    1.  Except as provided in subsection subsections 2 and 3, a
  1 12 governmental unit shall not fingerprint a child.
  1 13    Sec. 3.  Section 726.23, Code Supplement 2005, is amended
  1 14 by adding the following new subsection:
  1 15    NEW SUBSECTION.  3.  A school district or an authorized
  1 16 representative of a school district may use biometric
  1 17 technology to fingerprint a child if the child's parent or
  1 18 guardian submits authorization to the school district allowing
  1 19 the use of biometric technology to fingerprint the child.  The
  1 20 school district shall use data derived from a child's
  1 21 fingerprint through the use of biometric technology only for
  1 22 the purpose of implementing financial recordkeeping for a
  1 23 school lunch program.  The data derived from a child's
  1 24 fingerprint through the use of biometric technology is not
  1 25 admissible in any civil, criminal, or administrative
  1 26 proceeding unless written consent is obtained from a child's
  1 27 parent or guardian.  The school district shall destroy the
  1 28 data derived from a child's fingerprint when the child
  1 29 graduates or is no longer enrolled in the school district or
  1 30 at such time as the child's parent or guardian chooses to
  1 31 withdraw authorization for the use of biometric technology to
  1 32 fingerprint the child.  Data collected as provided in this
  1 33 section is a confidential record as provided in section 22.7.
  1 34    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  1 35 immediate importance, takes effect upon enactment.
  2  1                           EXPLANATION
  2  2    This bill provides an exemption to the child identification
  2  3 and protection Act to allow a school district or its
  2  4 authorized representative to use biometric technology to scan
  2  5 a child's fingerprint for purposes of implementing financial
  2  6 recordkeeping for a school lunch program if the technology
  2  7 used does not store the data extracted from the child's
  2  8 fingerprint, the technology cannot reconstruct the child's
  2  9 fingerprint, and if the parent or guardian submits
  2 10 authorization to the school district to the use of the scan.
  2 11 The parent or guardian may withdraw the authorization.  The
  2 12 school district must destroy the data when the child
  2 13 graduates, or leaves the school, or the parent or guardian
  2 14 withdraws authorization.  The data is a confidential record
  2 15 under the public records law.
  2 16    The bill takes effect upon enactment.
  2 17 LSB 5045SV 81
  2 18 kh:rj/je/5