THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, PICKETT, MAJOR, ARGALL, BARRAR, BELFANTI, BEYER, BOYD, CAUSER, CLYMER, CREIGHTON, CUTLER, FAIRCHILD, FLECK, GEORGE, GINGRICH, GODSHALL, GRELL, GROVE, HALUSKA, HARRIS, HENNESSEY, HESS, KAUFFMAN, M. KELLER, KILLION, KORTZ, KOTIK, LONGIETTI, MAHONEY, MILLARD, MILLER, MILNE, O'NEILL, READSHAW, ROHRER, SCAVELLO, SIPTROTH, STEVENSON, SWANGER, THOMAS, VULAKOVICH AND WANSACZ, FEBRUARY 3, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for action for

release of confidential birth information.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8315.1.  Action for release of confidential birth information.

(a)  General rule.--It shall be unlawful for any person who

requests information under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law, which contains a date of

birth, to publish, republish or disclose in any manner the date

of birth.

(b)  Remedy.--Any individual whose date of birth has been

published, republished or disclosed in violation of subsection

(a) may bring a civil action in a court of competent

jurisdiction and the court may award damages as follows:

(1)  Actual damages arising from the publication,

republication or disclosure or $500, whichever is greater.

Damages include loss of money, reputation or property,

whether real or personal. The court may, in its discretion,

award up to three times the actual damages sustained, but not

less than $500.

(2)  Reasonable attorney fees and court costs.

(3)  Additional relief the court deems necessary and

proper.

(c)  Exception.--The provisions of this section shall not

apply to a date of birth which is obtained independently of a

request under the Right-to-Know Law.

Section 2.  This act shall take effect in 60 days.