Bill Text: NJ A3491 | 2020-2021 | Regular Session | Introduced


Bill Title: Requires certain transportation services to report crime statistics to AG annually.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-25 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3491 Detail]

Download: New_Jersey-2020-A3491-Introduced.html

ASSEMBLY, No. 3491

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 25, 2020

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Requires certain transportation services to report crime statistics to AG annually.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act requiring certain transportation services to report crime statistics to the Attorney General annually, and amending and supplementing various parts of statutory law.

 

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

 

     1.    Section 4 of P.L.2017, c.26 (C.39:5H-4) is amended to read as follows:

     4.    a.  The commission shall issue a transportation network company a permit to allow for the lawful operation of a transportation network company in this State upon receipt of the following information:

     (1)   proof of insurance as required pursuant to section 10 of P.L.2017, c.26 (C.39:5H-10);

     (2)   proof that the transportation network company is registered as a business in this State;

     (3)   a written description of the transportation network company's zero tolerance policy, as required by section 14 of P.L.2017, c.26 (C.39:5H-14);

     (4)   a written description of the transportation network company's policy of non-discrimination, as required by section 15 of P.L.2017, c.26 (C.39:5H-15); and

     (5)   a written description of how the transportation network company will comply with the criminal background check requirements pursuant to section 17 of P.L.2017, c.26 (C.39:5H-17).

     b.    A transportation network company shall pay an initial and annual permit fee of $25,000.

     c.     The commission may revoke the permit, after notice and a hearing, if the transportation network company fails to comply with the provisions of P.L.2017, c.26 (C.39:5H-1 et seq.) or section 2 of P.L.    , c.    (C.           ) (pending before the Legislature as this bill).

     d.    A transportation network company shall not operate in this State prior to obtaining a permit from the commission; except that, any transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) may continue to operate in this State until the commission issues a written decision regarding the transportation network company's permit application, provided that the transportation network company has conducted a driving record check of each driver that logs on to the transportation network company's digital network as a driver and provides to the commission proof of insurance required pursuant to section 10 of P.L.2017, c.26 (C.39:5H-10).

     e.     A transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) shall apply to the commission for a permit pursuant to this section on or before the 30th day after the commission begins accepting permit applications.

     f.     A transportation network company that operates without a permit in violation of this section shall be subject to a penalty of $500.  Actions to impose a penalty under this subsection shall be brought, and the penalty shall be collected, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court shall have jurisdiction to hear any action brought pursuant to this subsection.  All penalties collected pursuant to this subsection shall be forwarded as provided in R.S.39:5-40 and subsection b. of R.S.39:5-41.  If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

(cf:P.L.2017, c.26, s.4)

 

     2.    (New section) a. Every transportation network company operating in this State shall submit an annual report to the Attorney General, on forms prescribed by the Attorney General, which shall contain the number and nature of criminal offenses reported by drivers and riders of the transportation network company in the course of a prearranged ride; the disposition of such matters, if any; and any other such information as the Attorney General may require, including, but not limited to, information relating to cause and prevention of such crimes.

     A transportation network company that fails to provide the information required pursuant to this section shall be subject to the revocation of the transportation network company's permit to operate, pursuant to the provisions of section 4 of P.L.2017, c.26 (C.39:5H-4).

     b.    Upon receipt of the information required pursuant to subsection a. of this section, the Attorney General shall compile statistics based upon the data provided, classify the volume and nature of crimes occurring during the course of prearranged rides within this State, and, if necessary, make recommendations to the Governor and the Legislature for the prevention of such crimes.

 

     3. R.S.48:16-12 is amended to read as follows:

     R.S.48:16-12. Any person who shall operate an autocab in any street in this [state] State without complying with the provisions of this article shall be guilty of a misdemeanor or subject to revocation of municipal consent to operate pursuant to R.S.48:16-10.

(cf: R.S.48:16-12)

     4.    (New section) a.  Every owner of an autocab operating in this State shall submit an annual report to the Attorney General, on forms prescribed by the Attorney General, which shall contain the number and nature of criminal offenses reported by drivers and riders in the course of an autocab ride; the disposition of such matters, if any; and any other such information as the Attorney General may require, including, but not limited to, information relating to cause and prevention of such crimes.

     The owner of an autocab that fails to provide the information required pursuant to this section shall be subject to revocation of municipal consent to operate, pursuant to R.S.48:16-10.

     b.    Upon receipt of the information required pursuant to subsection a. of this section, the Attorney General shall compile statistics based upon the data provided, classify the volume and nature of crimes occurring during the course of autocab rides within this State, and, if necessary, make recommendations to the Governor and the Legislature for the prevention of such crimes.

 

     5.    R.S.48:16-22 is amended to read as follows:

     48:16-22.  [No] A person shall not operate a limousine service in any street in this State without a license to operate issued by a municipality in which the owner has [his] the owner's principal place of business and without otherwise complying with the provisions of this article.  Any person who shall operate an limousine in any street in this State without complying with the provisions of this article shall be subject to revocation of the license to operate.

     A license to operated granted by a municipality may be revoked by the municipality granting the same, after notice and hearing,  whenever it shall appear that the person to whom the consent was granted has failed to comply the provisions required by this article, or any law of this State.

(cf: P.L.1999, c.356, s.10)

 

     6.    (New section) a.  Every person who owns a limousine service operating in this State shall submit an annual report to the Attorney General, on forms prescribed by the Attorney General, which shall contain the number and nature of criminal offenses reported by drivers and riders in the course of the limousine service; the disposition of such matters, if any; and any other such information as the Attorney General may require, including, but not limited to, information relating to cause and prevention of such crimes.

     The owner of a limousine service that fails to provide the information required pursuant to this section shall be subject to revocation of a license to operate, pursuant to R.S.48:16-22.

     b.    Upon receipt of the information required pursuant to subsection a. of this section, the Attorney General shall compile statistics based upon the data provided, classify the volume and nature of crimes occurring during the course of a limousine service within this State, and, if necessary, make recommendations to the Governor and the Legislature for the prevention of such crimes.

 

     7.    This act shall take effect on the first day of January following the enactment of this bill.

 

 

STATEMENT

 

     This bill requires transportation network companies, autocab (taxi) owners, and limousine service owners, collectively referred to as transportation services, operating in the State to submit an annual report the Attorney General containing the number and nature of criminal offenses reported by drivers and riders of those transportation services.  The report is also to contain the disposition of such crimes, if any, and any other information the Attorney General deems necessary, including, but not limited to, information relating to the cause and prevention of such crimes.  Upon receipt of the reports, the Attorney General is required to compile statistics, classify the volume and nature of crimes occurring during rides provided by the transportation services, and, if necessary, make recommendations to the Governor and the Legislature for the prevention of such crimes.

     The bill also provides that any owner of a transportation service that fails to provide the information required under the bill will be subject to the revocation of the transportation service's authority to operate. 

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