PRINTER'S NO. 4368

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2374 Session of 2008


        INTRODUCED BY JOSEPHS, CASORIO, DENLINGER, FLECK, FRANKEL,
           GEORGE, JAMES, MELIO, MUNDY, MYERS, RAPP, READSHAW, SCHRODER,
           SWANGER, THOMAS AND YOUNGBLOOD, SEPTEMBER 18, 2008

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 18, 2008

                                     AN ACT

     1  Providing for identification devices and for subcutaneous
     2     implanting; and imposing civil penalties.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the
     7  Identification Device Act.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Identification device."  Any item, application or product
    13  that is passively or actively capable of transmitting personal
    14  information, including, but not limited to, devices using radio
    15  frequency technology.
    16     "Person."  An individual, business association, partnership,
    17  limited partnership, corporation, limited liability company,


     1  trust, estate, cooperative association or other entity.
     2     "Personal information."  Includes any of the following data
     3  elements to the extent that they are used alone or in
     4  conjunction with any other information used to identify an
     5  individual:
     6         (1)  First or last name.
     7         (2)  Address.
     8         (3)  Telephone number.
     9         (4)  E-mail, Internet protocol or Internet website
    10     address.
    11         (5)  Date of birth.
    12         (6)  Driver's license number or State identification card
    13     number.
    14         (7)  Bank, credit card or other financial institution
    15     account number.
    16         (8)  Any unique personal identifier contained or encoded
    17     on a health insurance, health benefit or benefit card or
    18     record issued in conjunction with any government-supported
    19     aid program.
    20         (9)  Religion.
    21         (10)  Ethnicity or nationality.
    22         (11)  Photograph.
    23         (12)  Fingerprint or other biometric identifier.
    24         (13)  Social Security number.
    25         (14)  Any unique personal identifier.
    26     "Require, coerce or compel."  Includes physical violence,
    27  threat, intimidation, retaliation, the conditioning of any
    28  private or public benefit or care on consent to implantation,
    29  including employment, promotion or other employment benefit, or
    30  by any means that causes a reasonable person of ordinary
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     1  susceptibilities to acquiesce to implantation when the person
     2  otherwise would not.
     3     "Subcutaneous."  Existing, performed or introduced under or
     4  on the skin.
     5  Section 3.  General rule.
     6     A person shall not require, coerce or compel any other
     7  individual to undergo the subcutaneous implanting of an
     8  identification device.
     9  Section 4.  Penalties.
    10         (1)  Any person who violates this act is subject to civil
    11     penalties of up to $10,000. The civil penalty shall be no
    12     more than $1,000 for each day the violation continues until
    13     the deficiency is corrected. That civil penalty may be
    14     assessed and recovered in a civil action brought in any court
    15     of competent jurisdiction. The court may also grant a
    16     prevailing plaintiff reasonable attorney fees and litigation
    17     costs, including, but not limited to, expert witness fees and
    18     expenses as part of the costs.
    19         (2)  A person who is implanted with a subcutaneous
    20     identification device in violation of this act may bring a
    21     civil action for actual damages, compensatory damages,
    22     punitive damages, injunctive relief, any combination of those
    23     or any other appropriate relief.
    24         (3)  Punitive damages may also be awarded upon proof of
    25     the defendant's malice, oppression, fraud or duress in
    26     requiring, coercing or compelling the plaintiff to undergo
    27     the subcutaneous implanting of an identification device.
    28  Section 5.  Limitations.
    29         (1)  An action brought pursuant to this section shall be
    30     commenced within three years of the date upon which the
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     1     identification device was implanted.
     2         (2)  If the victim was a dependent adult or minor when
     3     the implantation occurred, actions brought pursuant to this
     4     section shall be commenced within three years after the date
     5     the plaintiff, or the plaintiff's guardian or parent,
     6     discovered or reasonably should have discovered the implant,
     7     or within eight years after the plaintiff attains the age of
     8     majority, whichever date occurs later.
     9         (3)  The statute of limitations shall not run against a
    10     dependent adult or minor plaintiff simply because a guardian
    11     ad litem has been appointed. A guardian ad litem's failure to
    12     bring a plaintiff's action within the applicable limitation
    13     period will not prejudice the plaintiff's right to do so.
    14         (4)  A defendant is estopped to assert a defense of the
    15     statute of limitations when the expiration of the statute is
    16     due to conduct by the defendant inducing the plaintiff to
    17     delay filing of the action, or due to threats made by the
    18     defendant causing duress upon the plaintiff.
    19  Section 6.  Restitution.
    20     Any restitution paid by the defendant to the victim shall be
    21  credited against any judgment, award or settlement obtained
    22  pursuant to this section. Any judgment, award or settlement
    23  obtained pursuant to an action under this section shall be
    24  subject to the provisions of 42 Pa.C.S. (relating to Judiciary
    25  and Judicial Procedure).
    26  Section 7.  Privacy.
    27     The provisions of this act shall be liberally construed so as
    28  to protect privacy and bodily integrity.
    29  Section 8.  Independent action.
    30     Actions brought pursuant to this act are independent of any
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     1  other actions, remedies or procedures that may be available to
     2  an aggrieved party pursuant to any other law.
     3  Section 9.  Existing law.
     4     This section shall not in any way modify existing statutory
     5  or case law regarding the rights of parents or guardians, the
     6  rights of children or minors or the rights of dependent adults.
     7  Section 10.  Effective date.
     8     This act shall take effect in 60 days.















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