AN ACT relating to identification devices.

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AN ACT relating to identification devices. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Identification device" means any item, application, or product that, using 6
radio frequency technology or any other electronic medium, is: 7
1. Passively or actively capable of transmitting personal information; 8
and 9
2. Used to: 10
a. Track or harass a person; or 11
b. Download personal information without permission; 12
(b) "Introduction" means subcutaneous injection, inhalation, ingestion, or any 13
other means of placement on or within the human body; 14
(c) "Personal information" means any of the following data elements that can 15
identify an individual, whether alone or in conjun ction with any other 16
information: 17
1. Email, internet protocol, or website address; 18
2. Date of birth; 19
3. Motor vehicle operator's license number or personal identification 20
card number; 21
4. Any unique personal identifier number contained or encoded in a 22
motor vehicle operator's license or personal identification card issued; 23
5. Bank, credit card, or other financial institution account number; 24
6. Any unique personal identifier contained or encoded in a health 25
insurance, health benefit, or benefit card, or recor d issued in 26
conjunction with any government-supported aid program; 27
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7. Religion; 1
8. Ethnicity or nationality; 2
9. Photograph; 3
10. Fingerprint or other biometric identifier; 4
11. Social Security number; 5
12. Name; or 6
13. Any other unique personal identifier; 7
(d) "Require, coerce, or compel": 8
1. Means to cause a reasonable person of ordinary susceptibilities to 9
acquiesce to introduction of an identification device when he or she 10
otherwise would not, including but not limited to: 11
a. The use of any physical violen ce, threat, intimidation, or 12
retaliation; or 13
b. Conditioning the receipt of any private or public benefit or care 14
on consent to introduction of an identification device, including 15
employment, promotion, or other employment benefit; and 16
2. Does not include legitimate medical uses for which a patient or his or 17
her parent or guardian has consented; and 18
(e) "Subcutaneous" means located, administered, or introduced under the skin. 19
(2) A person shall not: 20
(a) Require, coerce, or compel any other person to undergo the introduction of 21
an identification device; or 22
(b) Introduce an identification device without the consent of the person to 23
whom the identification device is introduced. 24
(3) A person to whom an identification device is introduced in violation of subsection 25
(2) of this section may bring a civil action in a court of competent jurisdiction for: 26
(a) Actual damages; 27
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(b) Compensatory damages; 1
(c) Punitive damages; 2
(d) Injunctive relief; 3
(e) Reasonable attorney's fees; 4
(f) Litigation costs, including but not limited to expert witness fees and 5
expenses; and 6
(g) Any other appropriate relief. 7
SECTION 2. A NEW SECTION OF KRS CHAPTER 413 IS CREATED TO 8
READ AS FOLLOWS: 9
An action filed pursuant to Section 1 of this Act shall be commenced within seven (7) 10
years after the cause of action accrued. 11
Section 3. KRS 508.152 is amended to read as follows: 12
(1) As used in this section: 13
(a) "Motor vehicle" has the same meaning as "vehicle" in KRS 186.010(8)(a); 14
(b) "Protective order" has the same meaning as in KRS 508.130; and 15
(c) "Tracking device" means an electronic or mechanical device that is designed 16
or intended to allow a perso n to remotely determine or track the position or 17
movement of another person or an object, regardless of whether that 18
information is recorded. 19
(2) A person is guilty of unlawful use of a tracking device when he or she intentionally: 20
(a) Installs or places a tracking device, or causes a tracking device to be installed 21
or placed:[,] 22
1. In or on a motor vehicle without the knowledge and consent of the 23
owner of the motor vehicle; or[,] 24
2. In or on a leased motor vehicle without the knowledge and consent of 25
either[if the motor vehicle is leased, ] the lessee or authorized operator 26
of the motor vehicle; 27
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(b) Using a tracking device, tracks the location of: 1
1. A motor vehicle [with a tracking device ] without the knowledge and 2
consent of either the owner or [ the] authorized operator of the motor 3
vehicle; or[,] 4
2. A leased motor vehicle without the knowledge and consent of [ if the 5
motor vehicle is leased,] either the lessee or authorized operator of the 6
motor vehicle; 7
(c) While being the restrained party under a prote ctive order, uses a tracking 8
device to track the location of a motor vehicle operated or occupied by an 9
individual protected under the order;[ or] 10
(d) While on probation or parole for a crime defined in KRS Chapter 508, uses a 11
tracking device to track the location of a motor vehicle operated or occupied 12
by a victim of the crime or by a family member of the victim of the crime 13
without the knowledge and consent of the victim or family member; 14
(e) Installs or places a tracking device, or causes a tracking devi ce to be 15
installed or placed, on the person or property of another without the other 16
person's knowledge and consent; or 17
(f) Using a tracking device, tracks the loca tion of another person without the 18
other person's knowledge and consent. 19
(3) Unlawful use of a tracking device is a Class A misdemeanor. 20
(4) Subsection (2) of this section does not apply to the installation or use of any: 21
(a) Device providing vehicle track ing for purposes of providing mechanical, 22
operational, directional, navigation, weather, or traffic information to the 23
operator of the vehicle; 24
(b) Device for providing emergency assistance to the operator or passengers of 25
the vehicle under the terms and c onditions of a subscription service, including 26
any trial period of that subscription service; 27
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(c) Device for providing missing vehicle assistance for the benefit of the owner or 1
operator of the vehicle; 2
(d) Device providing diagnostic services regarding th e mechanical operation of a 3
vehicle under the terms and conditions of a subscription service, including any 4
trial period of the subscription service; 5
(e) Device or service providing the lessee of the vehicle with clear notice that the 6
vehicle may be tracked. For a lessor who installs a tracking device subsequent 7
to the original vehicle manufacture, the notice shall be provided in writing 8
with an acknowledgment signed by the lessee, regardless of whether the 9
tracking device is original equipment, a retrofit, or an aftermarket product. 10
The requirement for written acknowledgment placed upon the lessor is not 11
imposed upon the manufacturer of the tracking device or the manufacturer of 12
the vehicle; 13
(f) Tracking device by the parent or guardian of a minor: 14
1. On any vehicle owned or leased by that parent or guardian of the minor, 15
and operated by the minor; or 16
2. On the person or property of the minor; or 17
(g) Tracking device by a police officer while lawfully performing his or her 18
duties as a police officer. 19