Chapter 380
2009 -- H 6059 SUBSTITUTE A
Enacted 01/05/10
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- RESTRICTING RADIO FREQUENCY IDENTIFICATION
DEVICES
Introduced
By: Representatives
Date Introduced: March 31, 2009
It is enacted by the
General Assembly as follows:
"SECTION 1. Title 42 of the General Laws entitled
"STATE AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:
CHAPTER
153
RESTRICTING
RADIO FREQUENCY IDENTIFICATION DEVICES
42-153-1. Restriction of radio frequency identification devices. -- Except where
required by federal law, no state or municipal agency, or
any subdivision thereof, shall use, or request the use of Radio Frequency Identification
Devices (RFID) for the purpose of tracking the movement or identity of any
student on school grounds, at school functions, or while being transported to
or from school grounds or school functions.
42-153-2. Civil
action alleging a violation. -- In any civil action allowing a
violation of
this chapter, the court may:
(1) Award damages and
reasonable attorneys' fees and costs to a prevailing plaintiff; and
(2) Afford injunctive
and other appropriate relief against any agency that commits or
proposes to commit a violation of this chapter.
42-153-3. Scope. --
(a) Nothing contained herein shall be construed to affect the
otherwise lawful use of electronic monitoring devices by the
department of corrections or the
department of children, youth and families for individuals
placed on electronic monitoring parole,
home confinement, temporary community placement pursuant
to section 14-1-36.1, or in
community correctional programs. Global Positioning devices are
excluded.
(b) Nothing contained
herein shall be construed to prohibit the use of RFIDs
for the
purpose of tracking students being transported to a hospital
for emergency medical services in
accordance with section 23-4.1-1; provided, however, that no information
that personally
identifies the individual shall be transmitted by the RFID
unless HIPPA compliant.
(c) Nothing contained
herein shall prohibit the use of RFIDs by a state or
local
government for the purpose of tracking the location of equipment
or vehicles owned by the state
or local government, provided that the RFID device shall
not contain or transmit information that
directly pertains to any student.
(d) Nothing contained herein shall be construed to apply to or prohibit the use of global positioning system devices.
(e)
Nothing contained herein shall be construed to prohibit a school’s use of RFID
in the
case of a student with special needs where: (1) It is
determined that there is no less restrictive
alternative available to monitor the student’s movement in order
to prevent elopement; (2) The
use of RFID has been agreed to by both the school and the
student’s parent(s) or legal guardian;
(3) The use of RFID
technology is included in the student’s individual education plan; and (4)
The student’s parent(s) or
legal guardian have been provided information about the benefits and
limits of the technology in tracking a student who has
eloped.
42-153-4. Use
of radio frequency identification devices for toll payment.
– The
personally identifiable information of persons who use radio
frequency identification devices to
facilitate the payment of tolls shall not be considered public
information. Personally identifying
information may be released to law enforcement agencies only for:
(1) toll enforcement purposes;
or (2) for other purposes if accompanied by a court
order.
SECTION 2. This act shall take effect upon passage.
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LC00327/SUB A
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