PRIOR PRINTER'S NO. 1404

PRINTER'S NO.  2206

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1175

Session of

2009

  

  

INTRODUCED BY JOSEPHS, RAPP, ROAE, CREIGHTON, REICHLEY, FRANKEL, GIBBONS, GEORGE, DENLINGER, KAUFFMAN, KORTZ, MELIO, PRESTON, WHEATLEY, YOUNGBLOOD AND MURT, APRIL 3, 2009

  

  

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 17, 2009   

  

  

  

AN ACT

  

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Providing for identification devices and for subcutaneous

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implanting; and imposing civil penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the

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Identification Device Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Identification device."  Any item, application or product

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that is passively or actively capable of transmitting personal

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information, including, but not limited to, devices using radio

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frequency technology.

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"Person."  An individual, business association, partnership,

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limited partnership, corporation, limited liability company,

 


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trust, estate, cooperative association or other entity.

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"Personal information."  Includes any of the following data

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elements to the extent that they are used alone or in

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conjunction with any other information used to identify an

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individual:

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(1)  First or last name.

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(2)  Address.

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(3)  Telephone number.

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(4)  E-mail, Internet protocol or Internet website

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address.

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(5)  Date of birth.

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(6)  Driver's license number or State identification card

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number.

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(7)  Bank, credit card or other financial institution

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account number.

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(8)  Any unique personal identifier contained or encoded

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on a health insurance, health benefit or benefit card or

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record issued in conjunction with any government-supported

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aid program.

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(9)  Religion.

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(10)  Ethnicity or nationality.

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(11)  Photograph.

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(12)  Fingerprint or other biometric identifier.

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(13)  Social Security number.

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(14)  Any unique personal identifier.

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"Require, coerce or compel."  Includes physical violence,

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threat, intimidation, retaliation, the conditioning of any

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private or public benefit or care on consent to implantation,

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including employment, promotion or other employment benefit, or

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by any means that causes a reasonable person of ordinary

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susceptibilities to acquiesce to implantation when the person

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otherwise would not.

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"Subcutaneous."  Existing, performed or introduced under or

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on the skin.

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Section 3.  General rule rules.

<--

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A The following guidelines shall apply:

<--

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(1)  A person shall not require, coerce or compel any

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other individual to undergo the subcutaneous implanting of an

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identification device.

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(2)  No device shall be implanted or incorporated into

<--

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the body without the fully informed written consent of the

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individual. The consent of a guardian, parent or attorney

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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 should mind to undergo implantation of an identification

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device.

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(4)  No entity shall use the absence of an identification

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device as a basis for discrimination for any purpose,

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including, but not be limited to, housing, employment, voting

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and medical care.

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Section 4.  Penalties.

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(1)  Any person who violates this act is subject to civil

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penalties of up to $10,000. The civil penalty shall be no

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more than $1,000 for each day the violation continues until

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the deficiency is corrected. That civil penalty may be

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assessed and recovered in a civil action brought in any court

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of competent jurisdiction. The court may also grant a

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prevailing plaintiff reasonable attorney fees and litigation

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costs, including, but not limited to, expert witness fees and

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expenses as part of the costs.

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(2)  A person who is implanted with a subcutaneous

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identification device in violation of this act may bring a

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civil action for actual damages, compensatory damages,

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punitive damages, injunctive relief, any combination of those

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or any other appropriate relief.

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(3)  Punitive damages may also be awarded upon proof of

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the defendant's malice, oppression, fraud or duress in

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requiring, coercing or compelling the plaintiff to undergo

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the subcutaneous implanting of an identification device.

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Section 5.  Limitations.

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(1)  An action brought pursuant to this section shall be

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commenced within three years of the date upon which the

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identification device was implanted.

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(2)  If the victim was a dependent adult or minor when

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the implantation occurred, actions brought pursuant to this

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section shall be commenced within three years after the date

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the plaintiff, or the plaintiff's guardian or parent,

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discovered or reasonably should have discovered the implant,

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or within eight years after the plaintiff attains the age of

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majority, whichever date occurs later.

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(3)  The statute of limitations shall not run against a

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dependent adult or minor plaintiff simply because a guardian

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ad litem has been appointed. A guardian ad litem's failure to

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bring a plaintiff's action within the applicable limitation

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period will not prejudice the plaintiff's right to do so.

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(4)  A defendant is estopped to assert a defense of the

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statute of limitations when the expiration of the statute is

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due to conduct by the defendant inducing the plaintiff to

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delay filing of the action, or due to threats made by the

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defendant causing duress upon the plaintiff.

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Section 6.  Restitution.

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Any restitution paid by the defendant to the victim shall be

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credited against any judgment, award or settlement obtained

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pursuant to this section. Any judgment, award or settlement

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obtained pursuant to an action under this section shall be

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subject to the provisions of 42 Pa.C.S. (relating to Judiciary

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and Judicial Procedure).

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Section 7.  Privacy.

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The provisions of this act shall be liberally construed so as

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to protect privacy and bodily integrity.

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Section 8.  Independent action.

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Actions brought pursuant to this act are independent of any

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other actions, remedies or procedures that may be available to

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an aggrieved party pursuant to any other law.

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Section 9.  Existing law.

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This section shall not in any way modify existing statutory

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or case law regarding the rights of parents or guardians, the

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rights of children or minors or the rights of dependent adults.

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Section 10.  Effective date.

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This act shall take effect in 60 days.

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