SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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

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(b), the The following guidelines shall apply:

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(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.

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(3)  An individual must be at least 18 years of age and 

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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

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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,

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

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

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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.

Section 10.  Effective date.

This act shall take effect in 60 days.