Bill Text: NJ S3180 | 2020-2021 | Regular Session | Amended

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Bill Title: Prohibits employer use of tracking or electronic communications device in vehicle operated by employee under certain circumstances.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-06-30 - Substituted by A3950 (3R) [S3180 Detail]

Download: New_Jersey-2020-S3180-Amended.html

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[First Reprint]

SENATE, No. 3180

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED NOVEMBER 16, 2020

 

 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

     Prohibits employer use of tracking or electronic communications device in vehicle operated by employee under certain circumstances.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Law and Public Safety Committee on June 21, 2021, with amendments.

  

An Act prohibiting certain employer use of tracking devices and supplementing Title 2C of the New Jersey Statutes ¹and Title 34 of the Revised Statutes¹.

 

     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 ¹[corrections departments] correctional facilities¹, ¹[or]¹ any State or local law enforcement agency, or any public transportation system, including but not limited to¹[,]¹ 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 employer¹[,]¹ without providing written notice to the employee.

      c.   It shall be a ¹disorderly persons offense for the first and second violations and a¹ crime of the fourth degree ¹for each subsequent violation¹ 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. 

      ¹[An employer who unknowingly violates any provision of this act 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.).]¹

     d.  Nothing in this act shall be construed to supersede regulations governing interstate commerce¹[,]¹ including¹,¹ but not limited to, the usage of electronic communications devices as mandated by the Federal  Motor Carrier Safety Administration.

     ¹2. 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.).¹

 

     ¹[2.] 3.¹     This act shall take effect on the 90^th day next following the date of enactment.