[Second 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)

Co-Sponsored by:

Assemblywoman Murphy and Assemblyman Conaway

SYNOPSIS

     Makes employer use of certain tracking device or electronic communications device in vehicle operated by employee crime of fourth degree or civil violation in certain situations.

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on November 12, 2020, with amendments.

An Act prohibiting certain employer use of tracking devices and supplementing Title 2C of the New Jersey 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 corrections departments, ¹[or]¹ any State or local law enforcement agency ¹, or any public transportation system, including but not limited to, 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 crime of the fourth degree 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.

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

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. ¹

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