[First Reprint]

SENATE, No. 473

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senator BASSANO

An Act concerning the release of driver records and supplementing chapter 5 of Title 39 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:

    "Rental agent" means a natural person, corporation, partnership or other entity engaged in the business of renting or leasing motor vehicles.

    b. Upon the request of a rental agent that has registered with the division pursuant to subsection c. of this section, or an employee or authorized agent of such rental agent, the director may release information in the division's records about a person seeking to rent or lease a motor vehicle. This information shall consist of whether the person has a valid driver's license and whether the person's driving privileges are denied, suspended or revoked. ¹If the rental agent or an employee or authorized agent of such rental agent refuses to rent or lease a motor vehicle based upon this information, a copy of the information shall be provided to the customer.¹ An authorized agent requesting information pursuant to this subsection shall be approved by the director.

    c. A rental agent which seeks information pursuant to subsection b. of this section shall annually register with the director, providing proof that it is a bonafide rental agent and such other information as the director may deem appropriate.

    d. A rental agent which seeks and receives information pursuant to subsection b. of this section shall refuse to rent or lease a motor vehicle to a person who does not possess a valid driver's license or a person whose license is denied ¹, suspended¹ or revoked.

    e. A rental agent or employee or authorized agent of such rental agent shall notify a person before requesting information on that person's driving record pursuant to this act. Information obtained by the rental agent shall be used for the sole purpose provided by subsection d. of this section. The use of this information for any other purpose shall be punishable by a penalty of not less than $500 or more than $1,000.

    f. The director may impose a fee ¹[ of $2] not to exceed $6¹ for each request for information under this act.

    g. The director shall promulgate rules and regulations to effectuate the provisions of this act.

    ¹h. Evidence of failure to obtain information concerning any driver record as permitted under this act shall not be admissible in any civil proceeding against a rental agent or employee or authorized agent of the rental agent.¹

    2. This act shall take effect on the first day of the fourth month following enactment

Gives car rental firms access to driving records.