[Third Reprint]
ASSEMBLY, No. 3950
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED APRIL 13, 2020
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywoman Murphy, Assemblyman Conaway, Senator Gill, Assemblyman Wimberly and Assemblywoman Vainieri Huttle
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 3and Title 34 of the Revised Statutes.3
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 3[corrections departments] correctional facilities3, 1[or]1 any State or local law enforcement agency 1, or any public transportation system, including but not limited to 3[,]3 scheduled or charter bus transportation, whether operated by a public or private company1.
"Tracking device" means an electronic or mechanical device which permits the tracking of the movement of a vehicle, person, or device 2but shall not include devices used for the purpose of documenting employee expense reimbursement2.
b. It shall be a crime of the fourth degree for an employer to 2knowingly2 make use of a tracking device or electronic communications device in a vehicle used by an employee that is not provided by the employer 2[, or, in the case of a vehicle provided by an employer for an employee’s use, to make use of a tracking device or electronic communications device]2 without 1[obtaining the written consent of] providing written notice to1 the employee.
1c. It shall be a 3disorderly persons offense for the first and second violations and a3 crime of the fourth degree 3for each subsequent violation3 for an employer to 2[track an employee using an employer-provided tracking device or electronic communications device without] knowingly make use of a tracking device or electronic communications device in a vehicle provided by an employer for an employee’s use without2 providing written notice to the employee.
3[2An 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.).2]3
d. Nothing in this act shall be construed to supersede regulations governing interstate commerce3[,]3 including 3,3 but not limited to, the usage of electronic communications devices as mandated by the Federal Motor Carrier Safety Administration. 1
32. 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
3[2.] 3.3 This act shall take effect on the 90th day next following the date of enactment.