Bill Text: NJ A595 | 2022-2023 | Regular Session | Amended

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Bill Title: Requires motor vehicle rental companies to provide notice to customers of use of automatic vehicle locations systems and comply with certain law enforcement requests.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-14 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Judiciary Committee [A595 Detail]

Download: New_Jersey-2022-A595-Amended.html

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[First Reprint]

ASSEMBLY, No. 595

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Requires motor vehicle rental companies to provide notice to customers of use of automatic vehicle locations systems and comply with certain law enforcement requests.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on February 14, 2022, with amendments.

  

An Act concerning tracking and locating rental motor vehicles and supplementing ¹Title 2A of the New Jersey Statutes and¹ P.L.1960, c.39 (C.56:8-1 et seq.)

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    For the purposes of P.L.   , c.   (C.     ) (pending before the Legislature as this bill): 

     "Automatic vehicle location system" means an automated system, ¹[such as] including, but not limited to,¹ a global positioning system or telematics system, which can be used for tracking the geographic location of a motor vehicle and transmitting that location information to an authorized receiving entity.

     "Global positioning system" means a reporting technology that is monitored by a network of electronic navigation components in which a vehicle may be identified and tracked via satellite.

     "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.

     "Motor vehicle" has the same meaning as defined in R.S.39:1-1.

     "Motor vehicle rental company" means any corporation, sole proprietorship or other entity or person, including a franchisee, engaged in the business of facilitating vehicle rental transactions which occur in this State.

 

     2.    a.  A motor vehicle rental company ¹[that utilizes an automatic vehicle location system to track or locate its motor vehicles shall provide clear and conspicuous written notice to customers concerning the use of tracking and location determination, including, but not limited to, notice that a motor vehicle may be tracked or located pursuant to a request made by a law enforcement officer.

     b.    A motor vehicle rental company that utilizes an automatic vehicle location system to track or locate its motor vehicles]¹ shall comply as soon as is practicable with a request ¹[made]¹ by a law enforcement officer ¹made pursuant to a court order or warrant: 

     (1)¹ to ¹[track or locate a motor vehicle that has been used as the instrumentality of a crime or which otherwise is part of an ongoing criminal investigation.

     c.     A violation of subsection a. of this section is an unlawful practice] provide the make, model, license plate number, and other identifying information pertaining to a motor vehicle;

     (2)   to provide identifying information pertaining to the person who rented a motor vehicle and any additional authorized drivers of the motor vehicle; and

     (3)   in the case of a motor vehicle rental company that uses an automatic vehicle location system, to track or locate a motor vehicle and provide the tracking and location data to the law enforcement officer.

     b.    A motor vehicle rental company that uses an automatic vehicle location system to track or locate its motor vehicles shall provide a telephone number which is accessible 24 hours per day, seven days per week for use by law enforcement authorities to obtain location and tracking data¹ .

     ¹[d.] c.¹     A violation of subsection ¹a. or¹ b. of this section is a disorderly persons offense.

 

     ¹3.   a.  (1)  A motor vehicle rental company that uses an automatic vehicle location system to track or locate its motor vehicles shall provide clear and conspicuous written notice informing customers of its use of the system and that if a motor vehicle rented by a customer is used as an instrumentality of a crime, the tracking and location data may be accessed by law enforcement authorities.

   (2)   A motor vehicle rental company required to provide written notice pursuant to paragraph (1) of this subsection shall require a customer to sign and attest that the customer has received the notice and agrees to its terms.

     b.    A violation of subsection a. of this section is an unlawful practice.

     c.     For the purposes of this section, "automatic vehicle location system" and "motor vehicle rental company" shall have the same meaning as set forth in section 1 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill).¹

 

     ¹[3.] 4.¹  This act shall take effect immediately.