2008 Privacy Legislation Related to Radio Frequency Identification (RFID)

NCSL Contact: Pam Greenberg, 303-364-7700 ext. 1413, pam.greenberg@ncsl.org

ALASKA
H.B. 421
STATUS:   March 18, 2008; To House Committee on Judiciary.
Relates to electronic communication devices and to personal information; makes certain violations related to electronic communication devices unfair trade practices.

S.B. 293
STATUS:   March 18, 2008; To Senate Committee on Rules.
Relates to electronic communication devices and to personal information.

ARIZONA
H.B. 2083
STATUS:   March 3, 2008; Additionally referred to House Committee on Transportation
Authorizes the Department of Transportation to establish and issue an enhanced driver license or enhanced non-operating identification license, which may contain a radio frequency identification chip or similar technology, for the purpose of border crossing of any United States land or sea borders in the western hemisphere to an applicant who provides proof of U.S. citizenship; relates to fees for issuance and renewal of each license.

S.B. 1397
STATUS:   February 6, 2008; Additionally referred to Senate Committee on Rules.
Concerns radio frequency identification.

H.B. 2762
STATUS:   February 13, 2008; Additionally referred to House Committee on Rules.
Concerns enhanced driver licenses; relates to border travel.

CALIFORNIA
S.B. 29,
STATUS:   September 28, 2008; Vetoed by Governor.
Requires a public school, school district, and county office of education that issues a device that uses radio frequency identification for the purpose of recording attendance or establishing or tracking the location of a pupil to notify and obtain written consent from the pupil's parent or guardian before the device may be issued to the pupil. Requires such a school, district or county office to ensure that the privacy of the pupil under state and federal law is protected.

S.B. 30
STATUS:   August 29, 2008; In Assembly. To Inactive File.
Enacts the Identity Information Protection Act of 2007. Requires identification documents that are created, mandated, purchased, or issued by various public entities that use radio waves to transmit data, or enable data to be read remotely, to meet specified requirements. Requires public entities and authorized 3rd parties to protect those systems and data transmitted remotely by those identification documents from unauthorized access. Restricts the disclosure thereof.

S.B. 31
STATUS:   September 30, 2008; Chaptered by Secretary of State. Chapter No. 746
Relates to the Information Practices Act of 1977. Provides that a person or entity that intentionally remotely reads or attempts to remotely read a person's identification document using radio frequency identification without his or her knowledge and prior consent shall be punished by imprisonment in a county jail, a fine, or both. Provides that a person who discloses or causes to be disclosed, specified operational system keys shall be punishment by imprisonment, a fine, or both.

S.B. 388
STATUS:   August 25, 2008; In Assembly. To Inactive File.
Requires any private entity that sells, furnishes, or otherwise issues a card or other item containing a radio frequency identification tag that may be scanned for personal information, to provide specified information to the recipient, with a specified application under emergency circumstances. Authorizes an aggrieved party to bring an action against a violator for damages. Requires attorney's fees and costs to be awarded to a prevailing party.

GEORGIA
H.B. 940
STATUS:   March 4, 2008; From House Committee on Judiciary: Favorably reported as substituted.
Relates to general provisions regarding torts; to prohibit requiring a person to be implanted with a microchip; provides for regulation by the Composite State Board of Medical Examiners.

ILLINOIS
H.B. 573
STATUS:   May 15, 2008; In Senate. Committee Reading Deadline Extended to 05/22/2008.
Creates the Identity Protection Act. Removes a section that prohibits the filing of certain documents with the recorder of deeds or circuit court clerk if the document contains a social security number. Provides that a violation is a Class A misdemeanor.

H.B. 4219,
STATUS:   May 15, 2008; In Senate. Committee Reading Deadline Extended to 05/22/2008.
Creates the Identity Protection Act. Prohibits a State or local government agency from using an individual's social security number in certain ways, subject to various exceptions. Requires each State or local government agency to develop and implement an identity protection policy. Provides that any employee of a State or local government agency who intentionally violates the provisions of the Act is guilty of a Class B misdemeanor. Provides that there is no rule making authority.

S.B. 2113
STATUS:   April 17, 2008; To House Committee on Rules.
Creates the Identity Protection Act. Prohibits a State or local government agency from collecting, using or disclosing an individual's social security number, subject to various exceptions. Requires each State or local government agency to develop and implement an identity protection plan. Provides that any employee of a State or local government agency who intentionally violates the provisions of the Act is guilty of a Class B misdemeanor.

MARYLAND
H.B. 1401
STATUS:   March 17, 2008; From House Committee on Economic Matters: Reported unfavorably.
Prohibits an employer from requiring, coercing, or compelling an employee to undergo the subcutaneous implantation of a Radio Frequency Identification chip; provides that a violator is subject to civil penalties; authorizes the Attorney General to bring civil actions; provides a civil cause of action for a specified employee; authorizes the recovery of actual and punitive damages, injunctive relief, and litigation costs.

MASSACHUSETTS
H.B. 261
STATUS:   April 2, 2008; From Joint Committee on Consumer Protection and Professional Licensure: Accompanied Study Order H 4638.
Relates to Consumer Protection and radio frequency identification systems.

S.B. 159
STATUS:   April 24, 2008; From Joint Committee on Consumer Protection and Professional Licensure: Accompanied Study Order S 2626.
Further regulates radio frequency identification devices; relates to personally identifiable information such as name, address, credit card information and a telephone number; requires a prominent display sign in areas where the device is in use.

MICHIGAN
H.B. 5061
STATUS:   July 24, 2007; To House Committee on Transportation.
Prohibits inclusion of radio frequency identification devices (RFID) or similar devices in driver licenses or other licenses.

H.B. 5091
STATUS:   August 8, 2007; To House Committee on Transportation.
Prohibits inclusion of radio frequency identification devices (RFID) or similar devices in state personal identification cards.

H.B. 5605
STATUS:   January 9, 2008; To House Committee on Transportation.
Prohibits radio frequency identification devices (RFID) in licenses to operate a motor vehicle; restricts access of any foreign country to electronic license information and related databases; authorizes disclosure by law enforcement to a foreign country in conjunction with the international criminal police organization or other federally authorized foreign entity; allows an officer or agency to provide database information to a nongovernmental third party for any license program before a specified date.

H.B. 6497
STATUS:   September 24, 2008; To House Committee on Transportation.
 Prohibits certain agreements implementing federal requirements for enhanced driver licenses; provides that the state shall not enter into any compact, memorandum of understanding, or other agreement that would require this state to release information from holders of a drivers license for certain purposes, gather certain information from the holder of a drivers license including whether an individual holds a firearm, or issue a license containing a radio frequency identification device or similar device.

H.B. 6552
STATUS:   October 15, 2008; To House Committee on Transportation.
Prohibits state from entering certain agreements regarding personal identification card information; provides that prohibited information on a state personal identification card includes fingerprints, retina images, whether an individual owns a firearm; provides that an identification card may not have a radio frequency identification device or any other device capable of being read by a remote receiver.

H.B. 6728
STATUS:   November 19, 2008; To House Committee on Transportation.
Prohibits use of GPS or RFID in motor carrier fuel tax; prohibits any form of motor carrier fuel taxation that is based on the tracking of vehicles.

H.C.R. 42
STATUS:    August 30, 2007; To House Committee on Transportation.
Memorializes Congress not to rely on the passport standards of the United Nation's International Civil Aviation Organization in the creation of any "dual- purpose driver's license initiative" in the United States, specifically as it would pertain to the incorporation of radio frequency identification chips into a state's driver's license.

MISSOURI
H.B. 2242
STATUS:   April 8, 2008; Public Hearing completed.
Creates a cause of action for damages for coerced subcutaneous implantation of an identification device and a civil penalty.

NEW HAMPSHIRE
H.B. 686
STATUS: May 1, 2008; In Senate: Referred for Interim Study
Regulates the use of tracking devices in consumer products by requiring labels that inform consumers of their presence.  This bill also restricts the circumstances under which the state may use electronic tracking devices, and prohibits a private citizen from electronically tracking another person without that person's consent.

NEW JERSEY
A.B. 1760
STATUS: January 8, 2008; To Assembly Committee on Consumer Affairs.
Requires businesses to notify customers concerning use of radio frequency identification systems that collect information about customers.

A.B. 2022
STATUS: January 28, 2008; To Assembly Committee on Consumer Affairs.
Requires radio frequency identifying devices in handguns sold by licensed retail dealers.

A.B. 3996
STATUS: January 22, 2007; To Assembly Committee on Consumer Affairs.
Requires businesses to notify customers concerning use of radio frequency identification systems that collect information about customers.

A.B. 4061
STATUS: January 5, 2007; To Assembly Committee on Consumer Affairs.
Requires radio frequency identifying devices in handguns sold by licensed retail dealers.

NEW YORK
A.B. 222
STATUS:   January 3, 2007; To Assembly Committee on Consumer Affairs and Protection.
Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of RFID devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags; restricts aggregation and disclosure of personal information; provides for enforcement.

A.B. 225
STATUS:   January 23, 2008; To Senate Committee on Finance.
Establishes a task force on the privacy implications of radio frequency identification technology, to consist of: the chairperson of the Consumer Protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, and 10 at-large members to be appointed by the governor and the legislative leaders from consumer advocacy or privacy rights organizations and persons with expertise in the field.

A.B. 261
STATUS:   January 3, 2007; To Assembly Committee on Consumer Affairs and Protection.
Requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels; provides for enforcement by the attorney general: injunctions and civil penalties.

S.B. 165
STATUS:   May 14, 2007; Amended in Senate Committee on Finance.
Establishes a task force on the privacy implications of radio frequency identification technology, to consist of: the chairperson of the Consumer Protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, and 10 at-large members to be appointed by the governor and the legislative leaders.

OKLAHOMA
S.B. 27
STATUS:    February 6, 2007; To Senate Committee on Finance.
Relates to revenue and income taxation; increases deduction for salary or compensation from specified sources; expands certain exemption for retirement benefits from specified sources; provides an effective date; relates to taxable income, other than retirement, for a member of the Armed Forces or the National Guard.

PENNSYLVANIA
H.B. 992
STATUS:   April 2, 2007; To House Committee on Consumer Affairs.
Amends the Crimes and Offenses Code. Further provides for the offense of identity theft.

H.B. 993
STATUS:   April 2, 2007; To House Committee on Consumer Affairs.
Amends the Unfair Trade Practices and Consumer Protection Act of 1968. Requires an entity that uses a radio frequency identification system that includes readers placed in a public area to display a sign placed in a conspicuous location stating that radio frequency identification technology is in use, the radio frequency identification tag contains information about the product that can be accessed by a reader both before and after a purchase, and a description of the purpose of a reader.

H.B. 2374
STATUS:    September 22, 2008; To House Committee on Appropriations
Relates to the Identification Device Act. Provides for identification devices, subcutaneous implanting, radio frequency technology and information used with other information regarding name, address, email, date of birth, driver's license, State identification card, credit card number, health care personal identifier, religion, nationality, photograph, fingerprints, biometric identifier, Social Security number or any unique personal identifier. Provides penalties for employment and enforced implanting.

RHODE ISLAND
H.B. 8027
STATUS:   July 2, 2008; Vetoed by Governor.
Restricts the use of radio frequency identification devices for the purpose of tracking the movement or identity of an employee, student or client as a condition of obtaining a benefit or services from an agency; provides that toll payment information is not a public record; relates to students being transported for emergency medical services, providing the information being transmitted is HIPPA compliant.

S.B. 474
STATUS:   May 15, 2007; To House Committee on Judiciary.
Would restrict the use of radio frequency identification devices for the purpose of tracking the movement or identity of an employee, student or client as a condition of obtaining a benefit or services from such agency. This act would take effect upon passage.

S.B. 2113
STATUS:   June 26, 2008; Vetoed by Governor.
Restricts use of radio frequency identification devices (RFID) by a state or municipal agency for tracking an employee, student or client as a condition of obtaining a benefit or services; provides a civil cause of action; includes students while being transported; provides that personally identifiable information of persons who use RFIDs to facilitate toll payment shall not be considered public information; requires a court order for release of RFID information to law enforcement agencies.

TENNESSEE
H.B. 2190
STATUS:   March 5, 2007; In House Committee on Consumer and Employee Affairs: Referred to Subcommittee on CONSUMER AFFAIRS.
Concerns Consumer Protection; requires sellers of goods to notify consumers if the good or the good's packaging contains or bears a radio frequency identification tag.

H.B. 3412
STATUS:    February 13, 2008; In House Committee on Consumer and Employee Affairs: Referred to Subcommittee on CONSUMER AFFAIRS.
Concerns Consumer Protection; regulates the use of tracking devices on consumer products or identification documents by requiring labels that inform consumers of their presence.

S.B. 2963
STATUS:    January 23, 2008; To Senate Committee on Commerce, Labor and Agriculture.
Regulates the use of tracking devices on consumer products or identification documents by requiring labels that inform consumers of their presence.

VERMONT
H.B. 691
STATUS:   May 20, 2008; Act No. 153
Establishes a uniform policy for executive and judicial branch fees; provides fees for an enhanced driver license to include citizenship status and an embedded RFID chip; regulates use of electronic driver and identification card information; relates to tourism brochure distribution fees, state archives, juvenile court fees, investment filing fees, foreign and domestic corporations and copies of transcripts; regulates driver license forms for anatomical gifts; includes commercial drivers licenses.

S.B. 358
STATUS:   June 5, 2008; Act No. 188
Authorizes the Department of Motor Vehicles to issue enhanced driver licenses which contain a personal radio frequency identification number chip; establishes a fee for issuance of an enhanced driver licenses and provides that revenues from such fee shall be used for maintenance of the database information; provides that employees who manufacture or produce operators' licenses and identification cards may be subject to criminal and traffic records checks, and providing proof of United States citizenship.

VIRGINIA
H.B. 2086
STATUS:   January 22, 2007; In House Committee: Passed by indefinitely.
Requires the seller of a consumer good containing a radio frequency identification device tag to conspicuously label the consumer good indicating such fact.

WASHINGTON
H.B. 1031
STATUS:   March 25, 2008; Chapter No. 2008-138
Changes provisions concerning electronic devices; provides that a person that intentionally scans another person's identification device remotely, without that person's prior knowledge and prior consent, for the purpose of fraud, identity theft, or for any other illegal purpose, shall be guilty of a felony.

H.B. 1133,
STATUS:   January 11, 2007; To House Committee on Public Safety and Emergency Preparedness.
Directs the Washington association of sheriffs and police chiefs to conduct a study using radio frequency identification or other similar technology to electronically monitor sex offenders. Requires the Washington association of sheriffs and police chiefs to report its findings to the legislature by December 31, 2007.

H.B. 2729
STATUS:   March 27, 2008; Chapter No. 2008-200
Provides a person is guilty of a felony if the person intentionally possesses, or reads or captures remotely using radio waves, information contained on a person's identification document, including the unique personal identifier number encoded on the document, without the person's express knowledge or consent; exempts the personally identifying information of those who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology from disclosure.

H.B. 2998
STATUS:   January 21, 2008; To House Committee on Technology, Energy and Communications.
Prohibits electronic reading of radio frequency identification tags in government-issued identification documents; provides that a person or entity shall not intentionally read or attempt to read an identification document electronically for any purpose, unless otherwise authorized by law.

S.B. 5366
STATUS:   January 14, 2008; *****Returned to Senate.
Authorizes the issuance of enhanced drivers' licenses and identicards to facilitate crossing the Canadian border; authorizes the department to enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.

S.B. 6020
STATUS:   February 14, 2007; To Senate Committee on Consumer Protection and Housing.
Regards notification of radio frequency identification tags; requires that, if a person produces, manufactures, packages, distributes, or sells a retail product and the person has caused a radio frequency identification tag to be attached to, embedded in, or made part of the retail product or its package, the person shall ensure that the retail product or its package bears a label which notifies consumers of the existence of the radio frequency identification tag.

WISCONSIN
A.B. 141
STATUS:   March 21, 2008; Failed to pass pursuant to Senate Joint Resolution 1.
Relates to prohibiting use of radio frequency identification tags in documents.

A.B. 488
STATUS:   March 21, 2008; Failed to pass pursuant to Senate Joint Resolution 1.
Relates to the sale of consumer goods containing radio frequency identification tags.