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| PRIOR PRINTER'S NO. 1404 | PRINTER'S NO. 2206 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY JOSEPHS, RAPP, ROAE, CREIGHTON, REICHLEY, FRANKEL, GIBBONS, GEORGE, DENLINGER, KAUFFMAN, KORTZ, MELIO, PRESTON, WHEATLEY, YOUNGBLOOD AND MURT, APRIL 3, 2009 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 17, 2009 |
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| AN ACT |
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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, |
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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 rules. | <-- |
6 | A The following guidelines shall apply: | <-- |
7 | (1) A person shall not require, coerce or compel any |
8 | other individual to undergo the subcutaneous implanting of an |
9 | identification device. |
10 | (2) No device shall be implanted or incorporated into | <-- |
11 | the body without the fully informed written consent of the |
12 | individual. The consent of a guardian, parent or attorney |
13 | shall not constitute consent. |
14 | (3) An individual must be at least 18 years of age and |
15 | of should mind to undergo implantation of an identification |
16 | device. |
17 | (4) No entity shall use the absence of an identification |
18 | device as a basis for discrimination for any purpose, |
19 | including, but not be limited to, housing, employment, voting |
20 | and medical care. |
21 | Section 4. Penalties. |
22 | (1) Any person who violates this act is subject to civil |
23 | penalties of up to $10,000. The civil penalty shall be no |
24 | more than $1,000 for each day the violation continues until |
25 | the deficiency is corrected. That civil penalty may be |
26 | assessed and recovered in a civil action brought in any court |
27 | of competent jurisdiction. The court may also grant a |
28 | prevailing plaintiff reasonable attorney fees and litigation |
29 | costs, including, but not limited to, expert witness fees and |
30 | expenses as part of the costs. |
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1 | (2) A person who is implanted with a subcutaneous |
2 | identification device in violation of this act may bring a |
3 | civil action for actual damages, compensatory damages, |
4 | punitive damages, injunctive relief, any combination of those |
5 | or any other appropriate relief. |
6 | (3) Punitive damages may also be awarded upon proof of |
7 | the defendant's malice, oppression, fraud or duress in |
8 | requiring, coercing or compelling the plaintiff to undergo |
9 | the subcutaneous implanting of an identification device. |
10 | Section 5. Limitations. |
11 | (1) An action brought pursuant to this section shall be |
12 | commenced within three years of the date upon which the |
13 | identification device was implanted. |
14 | (2) If the victim was a dependent adult or minor when |
15 | the implantation occurred, actions brought pursuant to this |
16 | section shall be commenced within three years after the date |
17 | the plaintiff, or the plaintiff's guardian or parent, |
18 | discovered or reasonably should have discovered the implant, |
19 | or within eight years after the plaintiff attains the age of |
20 | majority, whichever date occurs later. |
21 | (3) The statute of limitations shall not run against a |
22 | dependent adult or minor plaintiff simply because a guardian |
23 | ad litem has been appointed. A guardian ad litem's failure to |
24 | bring a plaintiff's action within the applicable limitation |
25 | period will not prejudice the plaintiff's right to do so. |
26 | (4) A defendant is estopped to assert a defense of the |
27 | statute of limitations when the expiration of the statute is |
28 | due to conduct by the defendant inducing the plaintiff to |
29 | delay filing of the action, or due to threats made by the |
30 | defendant causing duress upon the plaintiff. |
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1 | Section 6. Restitution. |
2 | Any restitution paid by the defendant to the victim shall be |
3 | credited against any judgment, award or settlement obtained |
4 | pursuant to this section. Any judgment, award or settlement |
5 | obtained pursuant to an action under this section shall be |
6 | subject to the provisions of 42 Pa.C.S. (relating to Judiciary |
7 | and Judicial Procedure). |
8 | Section 7. Privacy. |
9 | The provisions of this act shall be liberally construed so as |
10 | to protect privacy and bodily integrity. |
11 | Section 8. Independent action. |
12 | Actions brought pursuant to this act are independent of any |
13 | other actions, remedies or procedures that may be available to |
14 | an aggrieved party pursuant to any other law. |
15 | Section 9. Existing law. |
16 | This section shall not in any way modify existing statutory |
17 | or case law regarding the rights of parents or guardians, the |
18 | rights of children or minors or the rights of dependent adults. |
19 | Section 10. Effective date. |
20 | This act shall take effect in 60 days. |
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