Chapter 371

2009 -- S 0211 AS AMENDED

Enacted 01/05/10

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTING RADIO

FREQUENCY IDENTIFICATION DEVICES

Introduced By: Senators Ciccone, Tassoni, Ruggerio, and Jabour

Date Introduced: February 04, 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 in this chapter 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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LC00323

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