Maryland HB 1101: Public Health - Subcutaneous Implanting of Identification Device - Prohibition

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1101*

HOUSE BILL 1101
J1 8lr0446
CF SB 944
By: Delegate Stein
Introduced and read first time: February 7, 2018
Assigned to: Health and Government Operations and Judiciary

A BILL ENTITLED

AN ACT concerning 1

Public Health – Subcutaneous Implanting of Identification Device – Prohibition 2

FOR the purpose of prohibiting a person or an agent, a representative, or a designee of the 3
State or a local government from requiring, coercing, or compelling an individual to 4
undergo a certain implanting of a certain identification device; authorizing an 5
individual who is implanted with a subcutaneous identification device in violation of 6
a certain provision of this Act to file a civil action in a certain court within a certain 7
time period; authorizing a court to assess certain civil penalties and award certain 8
damages, fees, expenses, and relief under certain circumstances; providing that the 9
remedies under this Act are in addition to and not exclusive of or a prerequisite to 10
certain other remedies; prohibiting the assertion of a certain limitation under certain 11
circumstances; defining certain terms; providing for the construction of this Act; 12
providing for the application of this Act; and generally relating to the subcutaneous 13
implanting of identification devices. 14

BY adding to 15
Article – Health – General 16
Section 20–1901 and 20–1902 to be under the new subtitle “Subtitle 19. 17
Subcutaneous Implanting of Identification Device” 18
Annotated Code of Maryland 19
(2015 Replacement Volume and 2017 Supplement) 20

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22

Article – Health – General 23

SUBTITLE 19. SUBCUTANEOUS IMPLANTING OF IDENTIFICATION DEVICE. 24

20–1901. 25

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(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2

(B) “IDENTIFICATION DEVICE” MEANS AN ITEM, AN APPLICATION, OR A 3
PRODUCT THAT IS PASSIVELY OR ACTIVELY CAPABLE OF TRANSMITTING PERSONAL 4
INFORMATION, INCLUDING DEVICES USING RADIO FREQUENCY TECHNOLOGY. 5

(C) “PERSONAL INFORMATION” INCLUDES THE FOLLOWING DATA 6
ELEMENTS TO THE EXTENT THAT THE DATA ELEMENTS ARE USED ALONE OR IN 7
CONJUNCTION WITH OTHER INFORMATION USED TO IDENTIFY AN INDIVIDUAL: 8

(1) FIRST OR LAST NAME; 9

(2) ADDRESS; 10

(3) TELEPHONE NUMBER; 11

(4) E–MAIL, INTERNET PROTOCOL, OR WEBSITE ADDRESS; 12

(5) DATE OF BIRTH; 13

(6) DRIVER’S LICENSE NUMBER OR IDENTIFICATION CARD NUMBER; 14

(7) BANK, CREDIT CARD, OR OTHER FINANCIAL ACCOUNT NUMBER; 15

(8) ANY UNIQUE PERSONAL IDENTIFIER CONTAINED OR ENCODED ON 16
A HEALTH INSURANCE, HEALTH BENEFIT, OR BENEFIT CARD OR RECORD ISSUED IN 17
CONJUNCTION WITH A GOVERNMENT–SUPPORTED AID PROGRAM; 18

(9) RELIGION; 19

(10) ETHNICITY OR NATIONALITY; 20

(11) PHOTOGRAPH; 21

(12) FINGERPRINT OR OTHER BIOMETRIC IDENTIFIER; 22

(13) SOCIAL SECURITY NUMBER; AND 23

(14) ANY OTHER UNIQUE PERSONAL IDENTIFIER. 24

(D) “REQUIRE, COERCE, OR COMPEL” INCLUDES THE USE OF PHYSICAL 25

HOUSE BILL 1101 3

VIOLENCE, THREAT, INTIMIDATION, RETALIATION, THE CONDITIONING OF ANY 1
PRIVATE OR PUBLIC BENEFIT, INCLUDING EMPLOYMENT, PROMOTION, OR OTHER 2
EMPLOYMENT BENEFIT, AND ANY OTHER MEANS TO CAUSE A REASONABLE 3
INDIVIDUAL OF ORDINARY SUSCEPTIBILITIES TO ACQUIESCE WHEN THE 4
INDIVIDUAL OTHERWISE WOULD NOT. 5

(E) “SUBCUTANEOUS” MEANS EXISTING, PERFORMED, OR INTRODUCED 6
UNDER OR ON THE SKIN. 7

20–1902. 8

(A) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION, A PERSON 9
OR AN AGENT, A REPRESENTATIVE, OR A DESIGNEE OF THE STATE OR A LOCAL 10
GOVERNMENT MAY NOT REQUIRE, COERCE, OR COMPEL AN INDIVIDUAL TO 11
UNDERGO THE SUBCUTANEOUS IMPLANTING OF AN IDENTIFICATION DEVICE. 12

(B) (1) AN INDIVIDUAL WHO IS IMPLANTED WITH A SUBCUTANEOUS 13
IDENTIFICATION DEVICE IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY 14
FILE A CIVIL ACTION IN THE CIRCUIT COURT IN THE COUNTY WHERE THE VIOLATION 15
OCCURRED. 16

(2) IF THE COURT FINDS THAT THE PERSON OR AGENT, 17
REPRESENTATIVE, OR DESIGNEE OF THE STATE OR A LOCAL GOVERNMENT 18
VIOLATED SUBSECTION (A) OF THIS SECTION, THE COURT MAY: 19

(I) ASSESS AGAINST THE DEFENDANT: 20

1. A CIVIL PENALTY NOT EXCEEDING $10,000; AND 21

2. AN ADDITIONAL CIVIL PENALTY NOT EXCEEDING 22
$1,000 FOR EACH DAY AFTER THE DAY OF IMPLANTATION THAT THE VIOLATION 23
CONTINUES UNTIL CORRECTED; AND 24

(II) AWARD THE PLAINTIFF: 25

1. COMPENSATORY DAMAGES; 26

2. INJUNCTIVE RELIEF; 27

3. REASONABLE ATTORNEY’S FEES AND LITIGATION 28
EXPENSES, INCLUDING EXPERT WITNESS FEES AND EXPENSES; OR 29

4. ANY OTHER APPROPRIATE RELIEF. 30

4 HOUSE BILL 1101

(3) IN ADDITION TO THE DAMAGES OR RELIEF AWARDED UNDER 1
PARAGRAPH (2) OF THIS SUBSECTION, THE COURT MAY AWARD THE PLAINTIFF 2
PUNITIVE DAMAGES ON A FINDING OF PROOF OF THE DEFENDANT’S MALICE, 3
OPPRESSION, FRAUD, OR DURESS INFLICTED IN REQUIRING, COERCING, OR