#584 Pa USA's Bill against illegal chip implantshttp://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2009&sessInd=0&billBody=H&billTyp=B&billNbr=1175&pn=1404PRINTER'S NO. 1404THE GENERAL ASSEMBLY OF PENNSYLVANIAHOUSE BILLNo. 1175 Session of2009INTRODUCED BY JOSEPHS, RAPP, ROAE, CREIGHTON, REICHLEY, FRANKEL,GIBBONS, GEORGE, DENLINGER, KAUFFMAN, KORTZ, MELIO, PRESTON,WHEATLEY AND YOUNGBLOOD, APRIL 3, 2009REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 3, 2009AN ACTProviding for identification devices and for subcutaneousimplanting; and imposing civil penalties.The General Assembly of the Commonwealth of Pennsylvaniahereby enacts as follows:Section 1. Short title.This act shall be known and may be cited as theIdentification Device Act.Section 2. Definitions.The following words and phrases when used in this act shallhave the meanings given to them in this section unless thecontext clearly indicates otherwise:"Identification device." Any item, application or productthat is passively or actively capable of transmitting personalinformation, including, but not limited to, devices using radiofrequency 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 dataelements to the extent that they are used alone or inconjunction with any other information used to identify anindividual:(1) First or last name.(2) Address.(3) Telephone number.(4) E-mail, Internet protocol or Internet websiteaddress.(5) Date of birth.(6) Driver's license number or State identification cardnumber.(7) Bank, credit card or other financial institutionaccount number.(8) Any unique personal identifier contained or encodedon a health insurance, health benefit or benefit card orrecord issued in conjunction with any government-supportedaid 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 anyprivate or public benefit or care on consent to implantation,including employment, promotion or other employment benefit, orby any means that causes a reasonable person of ordinary20090HB1175PN1404 - 2 -susceptibilities to acquiesce to implantation when the personotherwise would not."Subcutaneous." Existing, performed or introduced under oron the skin.Section 3. General rule.A person shall not require, coerce or compel any otherindividual to undergo the subcutaneous implanting of anidentification device.Section 4. Penalties.(1) Any person who violates this act is subject to civilpenalties of up to $10,000. The civil penalty shall be nomore than $1,000 for each day the violation continues untilthe deficiency is corrected. That civil penalty may beassessed and recovered in a civil action brought in any courtof competent jurisdiction. The court may also grant aprevailing plaintiff reasonable attorney fees and litigationcosts, including, but not limited to, expert witness fees andexpenses as part of the costs.(2) A person who is implanted with a subcutaneousidentification device in violation of this act may bring acivil action for actual damages, compensatory damages,punitive damages, injunctive relief, any combination of thoseor any other appropriate relief.(3) Punitive damages may also be awarded upon proof ofthe defendant's malice, oppression, fraud or duress inrequiring, coercing or compelling the plaintiff to undergothe subcutaneous implanting of an identification device.Section 5. Limitations.(1) An action brought pursuant to this section shall becommenced within three years of the date upon which the20090HB1175PN1404 - 3 -identification device was implanted.(2) If the victim was a dependent adult or minor whenthe implantation occurred, actions brought pursuant to thissection shall be commenced within three years after the datethe 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 ofmajority, whichever date occurs later.(3) The statute of limitations shall not run against adependent adult or minor plaintiff simply because a guardianad litem has been appointed. A guardian ad litem's failure tobring a plaintiff's action within the applicable limitationperiod will not prejudice the plaintiff's right to do so.(4) A defendant is estopped to assert a defense of thestatute of limitations when the expiration of the statute isdue to conduct by the defendant inducing the plaintiff todelay filing of the action, or due to threats made by thedefendant causing duress upon the plaintiff.Section 6. Restitution.Any restitution paid by the defendant to the victim shall becredited against any judgment, award or settlement obtainedpursuant to this section. Any judgment, award or settlementobtained pursuant to an action under this section shall besubject to the provisions of 42 Pa.C.S. (relating to Judiciaryand Judicial Procedure).Section 7. Privacy.The provisions of this act shall be liberally construed so asto protect privacy and bodily integrity.Section 8. Independent action.Actions brought pursuant to this act are independent of any20090HB1175PN1404 - 4 -other actions, remedies or procedures that may be available toan aggrieved party pursuant to any other law.Section 9. Existing law.This section shall not in any way modify existing statutoryor case law regarding the rights of parents or guardians, therights of children or minors or the rights of dependent adults.Section 10. Effective date.This act shall take effect in 60 days.20090HB1175PN1404 - 5 -
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