An Act To Regulate the Use of Biometric Identifiers
Maine Legislature, Session 130, LD 1945
Committee Amendment CA_A_H1017 (House)

COMMITTEE AIYIBNDMENT "it" to H.P. 1450, L.D. 1945, "An Act To Regulate 
the Use of Biometric Identifiers" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Establish the Special Committee To Protect Biometric Identifiers' 
Amend the bill by striking out everything after the title and insetting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
WJrereas, individuals' privacy and security are jeopardized by the unregulated 
collection, storage, use, sale, security and destruction of biometric identifiers; and 
Whereas, the Special Committee To Protect Biometric Identifiers is needed to study 
and make recommendations concerning the collection, storage, use, sale, security and 
. destruction of biometric identifiers; and 
• 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a rep01t submitted in time for submission to the next 
legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessaiy for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Special committee established. Resolved: That the Special Committee 
To Protect Biometric Identifiers, refened to in this resolve as 
11the special committee,
is 
established. 
Sec. 2. Special committee membership. Resolved: That the special committee 
consists of 7 members appointed as follows: 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"~oH.P. 1450,L.D. 1~45 
1. Three members of the Senate appointed by the President of the Senate, including 
members from each of the 2 patties holding the largest number of seats in the Legislature; 
and 
2. Four members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 patties holding the largest number of seats 
in the Legislature. 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the special 
committee. 
Sec. 4. Appointments; convening of special committee. Resolved: That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the special committee. If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the special committee to meet and conduct its business. 
Sec. 5. Duties. Resolved: That the special committee shall: 
1. Review legislation considered by the 130th Legislature concerning the privacy of 
personal information and biometric identifiers; 
2. Review potential definitions of biometric identifiers, including information that is 
generated by measurements of an individual's unique biological characteristics, such as 
voiceprints and imagery of the iris, retina, fingerprint, face or hand, and that can be used to 
identify that individual, for use in regulating any aspect of the collection, storage, use, sale, 
security and destruction of biometric identifiers; 
3. Review existing law of the State that applies to biometric identifiers; 
4. Review how other jurisdictions regulate the collection, storage, use, sale, security 
and destruction of biometric identifiers; 
5. Review the extent to which federal laws and regulations regulate the collection, 
storage, use, sale, security and destruction of biometric identifiers; 
6. Identify the enforcement mechanisms and remedies that have been used in other 
jurisdictions, the extent to which they enhance compliance with state regulation of 
biometric identifiers and other impacts of the enforcement mechanisms and remedies; 
7. Gather relevant information by inviting presentations from identified stakeholders, 
which may include, but are not limited to: 
A. Organizations focused on protecting private information; 
B. Public and private entities that engage in the collection, storage, use, sale, security 
and destruction of biometric identifiers; 
C. Experts in personal information privacy and biometric technology; 
D. Representatives of industries that use biometric identifiers to verify identity of those 
seeking services, including financial institutions and health care providers; 
• COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"* to H.P. 1450, L.D. 1945 
E. Federal and state agencies that enforce laws regulating biometric identifiers; and 
F. Any other source thi; special committee believes might provide useful information; 
and 
8. Make recommendations regarding legislation to protect an individual's privacy with 
respect to th~ collection, storage, use, sale, security and destruction of biometric identifiers, 
including: 
A. Defining the scope of biometric identifiers that require protection; 
B. Identifying changes in state law needed in order to protect an individual's privacy 
with regard to biometric identifiers; and 
C. 
Recommending remedies and enforcement mechanisms that will enhance 
compliance with state regulation of biometric identifiers without preventing the 
beneficial use of biometric identifiers. 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the special committee, except that Legislative Council staff 
support is not authorized when the Legislature is in regular or special session. 
Sec. 7. Report. Resolved: That, notwithstanding Joint Rule 353, no later than 
December 15, 2022, the special committee shall submit a repmt that includes its findings 
and recommendations, including suggested legislation, to the joint standing committee of 
the Legislature having jurisdiction over judiciary matters. That committee may rep01t out 
legislation related to the report to the 131 st Legislature in 2023. 
Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill with a resolve that establishes the 7-member Special 
Committee To Protect Biometric Identifiers to study and make recommendations 
concerning the collection, storage, use, sale, security and destruction of biometric 
identifiers. The special committee is required to report to the joint standing committee of 
the Legislature having jurisdiction over judiciary matters by December 15, 2022 and that 
committee may report out legislation to the 131 st Legislature in 2023. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Cost/Study 
Approved: 03/31/22 feae:... 
LD 1945 
LR2477(02) 
An Act To Regulate the Use of Biometric Identifiers 
Fiscal Note for Bill as Amended by Committee Amendment #, { H-{ O t '1) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $1,750 in fiscal year 2021-22 and $2,000 in fiscal 
year 2022-23. The Legislature's budget for the 2022-2023 biennium includes an estimated $6,108 in fiscal year 2C 
and $10,000 in fiscal year 2022-23 for the costs of legislative studies, as well as $31,260 of balances carried over 
from prior years for this purpose. Whether these amounts are sufficient to fund all studies will depend on the number 
of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing 
assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources. 
LR2477(02) - Fiscal Note - Page 1 of 1