Bill Text: GA HB38 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Microchip Consent Act of 2009; enact

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2009-01-16 - House Second Readers [HB38 Detail]

Download: Georgia-2009-HB38-Introduced.html

---

09 LC 34 1956

House Bill 38

By: Representative Setzler of the 35th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to prohibit requiring a person to be implanted with a microchip; to provide for a short title; to provide for definitions; to provide for penalties; to provide for regulation by the Composite State Board of Medical Examiners; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known as the "Microchip Consent Act of 2009."

SECTION 2.

Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code Section 51-1-53 to read as follows:

"51-1-53.

(a) As used in this Code section, the term:

(1) 'Implantation' includes any means intended to introduce a microchip internally, beneath the skin, or applied to the skin of a person.

(2) 'Microchip' means any microdevice, sensor, transmitter, mechanism, electronically readable marking, or nanotechnology that is passively or actively capable of transmitting or receiving information. This definition shall not include pacemakers.

(3) 'Person' means any individual, irrespective of age, legal status, or legal capacity.

(4) 'Require' includes physical violence, threat, intimidation, retaliation, the conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other benefit, or by any means that causes a person to acquiesce to implantation when he or she otherwise would not.

(b) No person shall be required to be implanted with a microchip.

(c) This Code section shall be subject to a two-year statute of limitations beginning from the date of discovery that a microchip has been implanted.

(d) Any person required to have a microchip implanted in violation of this Code section shall be entitled to pursue criminal charges in addition to filing a civil action for damages. Each day that a microchip remains implanted shall be subject to damages of not less than $10,000.00 per day and each day shall be considered a separate violation of this Code section.

(e) The voluntary implantation of any microchip or similar device may only be performed by a physician and shall be regulated under the authority of the Composite State Board of Medical Examiners."

SECTION 3.

This Act shall become effective on July 1, 2009.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.