[First Reprint]

ASSEMBLY, No. 1238

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblyman Diegnan

 

 

 

 

SYNOPSIS

     Requires destruction of records stored on digital copy machines under certain circumstances.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Consumer Affairs Committee on January 30, 2012, with amendments.

  


An Act concerning records stored on certain digital copy machines and supplementing Title 2A of the New Jersey Statutes.

 

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

 

     1.    As used in this act:

     “Business” means any corporation, company, partnership, firm, association, or other entity, and shall include a public entity.

     “Public entity” means the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.

     “Records” means any material recorded or preserved by any means.

 

     2.    A business shall destroy, or arrange for the destruction of, all records stored on a digital copy machine, which is no longer to be retained by that  business, by erasing or otherwise modifying those records to make the records unreadable, undecipherable, or nonreconstructable through generally available means.

 

     13.   A manufacturer of a digital copy machine shall include instructions with each digital copy machine, explaining how to destroy, or arrange for the destruction of, all records stored on that digital copy machine.1

 

     1[3.] 4.1     Any business 1or manufacturer1 that willfully or knowingly violates the provisions of 1[this act] P.L.    , c.     (C.        ) (pending before the Legislature as this bill)1 shall be liable to a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense to 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 Attorney General shall enforce the provisions of this act.

 

     1[4.] 5.1     A person damaged in business or property as a result of a violation of this act may sue the actor therefor in the Superior Court and may recover compensatory and punitive damages and the cost of the suit including a reasonable attorney's fee, costs of investigation and litigation.

 

     1[5.] 6.1     This act shall take effect immediately.