Bill Text: NJ A667 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits employer use of tracking or electronic communications device in vehicle operated by employee under certain circumstances.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Failed) 2022-02-03 - Withdrawn from Consideration [A667 Detail]
Download: New_Jersey-2022-A667-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywoman Murphy, Assemblymen Conaway and Wimberly
SYNOPSIS
Prohibits employer use of tracking or electronic communications device in vehicle operated by employee under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act prohibiting certain employer use of tracking devices and supplementing Title 2C of the New Jersey Statutes and Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.
"Employer" means an employer or employer's agent, representative, or designee. The term "employer" does not include the Department of Corrections, State Parole Board, county correctional facilities, any State or local law enforcement agency, or any public transportation system, including but not limited to scheduled or charter bus transportation, whether operated by a public or private company.
"Tracking device" means an electronic or mechanical device which permits the tracking of the movement of a vehicle, person, or device but shall not include devices used for the purpose of documenting employee expense reimbursement.
b. It shall be a crime of the fourth degree for an employer to knowingly make use of a tracking device or electronic communications device in a vehicle used by an employee that is not provided by the employer without providing written notice to the employee.
c. It shall be a disorderly persons offense for the first and second violations and a crime of the fourth degree for each subsequent violation for an employer to knowingly make use of a tracking device or electronic communications device in a vehicle provided by an employer for an employee's use without providing written notice to the employee.
d. Nothing in this act shall be construed to supersede regulations governing interstate commerce including, but not limited to, the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration.
2. An
employer who unknowingly violates subsection b. or c. of section 1 of P.L.
c. (C. ) (pending before the Legislature as this bill) shall be subject
to a civil penalty in an amount not to exceed $1,000 for the first violation
and $2,500 for each subsequent violation, collectible by the Commissioner of
Labor and Workforce Development in a summary proceeding pursuant to the
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et
seq.).
3. This act shall take effect on the 90th day next following the date of enactment.
STATEMENT
This bill imposes criminal and civil penalties on an employer's use of a tracking device in a vehicle operated by an employee.
The bill makes it a fourth degree crime for an employer to knowingly use a tracking device or electronic communications device in a vehicle used by an employee that is not provided by the employer without the employee's written consent. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
If the vehicle is provided by an employer, it is a disorderly persons offense if it is the employer's first or second violation. A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. It is a crime of the fourth degree for subsequent offenses.
If an employer unknowingly violates the provisions of the bill, the employer is to be subject to a civil penalty of up to $1,000 for the first violation and $2,500 for each subsequent violation to be collected by the Department of Labor and Workforce Development.
Finally, the bill clarifies that nothing in the bill is to be construed to supersede regulations governing interstate commerce including but not limited to the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration.
Under the bill, "employer" is defined as an employer or employer's agent, representative, or designee, but excludes the Department of Corrections, State Parole Board, county corrections facilities, State or local law enforcement agencies, or any public transportation system including, but not limited to, scheduled or charter bus transportation, whether operated by a public or private company.
