Bill Text: PA HB1175 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for identification devices and for subcutaneous implanting; and imposing civil penalties.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-07-01 - Laid on the table [HB1175 Detail]

Download: Pennsylvania-2009-HB1175-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 1404, 2206, 2239 PRINTER'S NO. 3871
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1175 Session of2009
INTRODUCED BY JOSEPHS, RAPP, ROAE, CREIGHTON, REICHLEY, FRANKEL, GIBBONS, GEORGE, DENLINGER, KAUFFMAN, KORTZ, MELIO, PRESTON, WHEATLEY, YOUNGBLOOD AND MURT, APRIL 3, 2009
SENATOR FOLMER, COMMUNICATIONS AND TECHNOLOGY, IN SENATE, AS AMENDED, JUNE 9, 2010
AN ACT
Providing for identification devices and for subcutaneous
implanting; and imposing civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Identification Device Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Identification device." Any item, application or product
that is passively or actively capable of transmitting personal
information, including, but not limited to, devices using radio
frequency technology.
"Person." An individual, business association, partnership,
limited partnership, corporation, limited liability company,
trust, estate, cooperative association or other entity.
"Personal information." Includes any of the following data
elements to the extent that they are used alone or in
conjunction with any other information used to identify an
individual:
(1) First or last name.
(2) Address.
(3) Telephone number.
(4) E-mail, Internet protocol or Internet website
address.
(5) Date of birth.
(6) Driver's license number or State identification card
number.
(7) Bank, credit card or other financial institution
account number.
(8) Any unique personal identifier contained or encoded
on a health insurance, health benefit or benefit card or
record issued in conjunction with any government-supported
aid program.
(9) Religion.
(10) Ethnicity or nationality.
(11) Photograph.
(12) Fingerprint or other biometric identifier.
(13) Social Security number.
(14) Any unique personal identifier.
"Require, coerce or compel." Includes physical violence,
threat, intimidation, retaliation, the conditioning of any
private or public benefit or care on consent to implantation,
including employment, promotion or other employment benefit, or
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by any means that causes a reasonable person of ordinary
susceptibilities to acquiesce to implantation when the person
otherwise would not.
"Subcutaneous." Existing, performed or introduced under or
on the skin.
Section 3. General rules.
(a) Guidelines.--Except as otherwise provided in subsection <--
(b), the The following guidelines shall apply: <--
(1) A person shall not require, coerce or compel any
other individual to undergo the subcutaneous implanting of an
identification device.
(2) No device shall be implanted or incorporated into
the body without the fully informed written consent of the
individual. The consent of a guardian, parent or attorney
shall not constitute consent. <--
(3) An individual must be at least 18 years of age and <--
of sound mind to undergo implantation of an identification
device.
(4) No entity shall use the absence of an identification
device as a basis for discrimination for any purpose,
including, but not be limited to, housing, employment, voting
and medical care.
(b) Nonapplicability.--This act shall not apply to any of <--
the following:
(1) An individual who is ordered by a Federal or State
court to be implanted as part of a sentence or as a condition
of probation or parole.
(2) An individual who was detained by the Federal
Government at a facility located in Cuba during the time
period beginning September 11, 2001, and ending December 31,
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2010.
Section 4. Penalties.
(1) Any person who violates this act is subject to civil
penalties of up to $10,000. The civil penalty shall be no
more than $1,000 for each day the violation continues until
the deficiency is corrected. That civil penalty may be
assessed and recovered in a civil action brought in any court
of competent jurisdiction. The court may also grant a
prevailing plaintiff reasonable attorney fees and litigation
costs, including, but not limited to, expert witness fees and
expenses as part of the costs.
(2) A person who is implanted with a subcutaneous
identification device in violation of this act may bring a
civil action for actual damages, compensatory damages,
punitive damages, injunctive relief, any combination of those
or any other appropriate relief.
(3) Punitive damages may also be awarded upon proof of
the defendant's malice, oppression, fraud or duress in
requiring, coercing or compelling the plaintiff to undergo
the subcutaneous implanting of an identification device.
Section 5. Limitations.
(1) An action brought pursuant to this section shall be
commenced within three years of the date upon which the
identification device was implanted.
(2) If the victim was a dependent adult or minor when
the implantation occurred, actions brought pursuant to this
section shall be commenced within three years after the date
the plaintiff, or the plaintiff's guardian or parent,
discovered or reasonably should have discovered the implant,
or within eight years after the plaintiff attains the age of
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majority, whichever date occurs later.
(3) The statute of limitations shall not run against a
dependent adult or minor plaintiff simply because a guardian
ad litem has been appointed. A guardian ad litem's failure to
bring a plaintiff's action within the applicable limitation
period will not prejudice the plaintiff's right to do so.
(4) A defendant is estopped to assert a defense of the
statute of limitations when the expiration of the statute is
due to conduct by the defendant inducing the plaintiff to
delay filing of the action, or due to threats made by the
defendant causing duress upon the plaintiff.
Section 6. Restitution.
Any restitution paid by the defendant to the victim shall be
credited against any judgment, award or settlement obtained
pursuant to this section. Any judgment, award or settlement
obtained pursuant to an action under this section shall be
subject to the provisions of 42 Pa.C.S. (relating to Judiciary
and Judicial Procedure).
Section 7. Privacy.
The provisions of this act shall be liberally construed so as
to protect privacy and bodily integrity.
Section 8. Independent action.
Actions brought pursuant to this act are independent of any
other actions, remedies or procedures that may be available to
an aggrieved party pursuant to any other law.
Section 9. Existing law.
Except for section 3(A)(3), this This act shall not in any <--
way modify existing statutory or case law regarding the rights
of parents or guardians, the rights of children or minors or the
rights of dependent adults.
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Section 10. Effective date.
This act shall take effect in 60 days.
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