PRINTER'S NO. 4368
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 20080H2374B4368 - 2 -
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 20080H2374B4368 - 3 -
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 20080H2374B4368 - 4 -
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. H12L42SFL/20080H2374B4368 - 5 -