Bill Text: NJ S2740 | 2022-2023 | Regular Session | Amended

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Bill Title: Requires motor vehicle dealer to offer to delete personal information in motor vehicles in certain situations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-01-08 - Substituted by A4723 (2R) [S2740 Detail]

Download: New_Jersey-2022-S2740-Amended.html

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[Second Reprint]

SENATE, No. 2740

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED JUNE 2, 2022

 

 

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

     Requires motor vehicle dealer to offer to delete personal information in motor vehicles in certain situations.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on December 21, 2023.

  

An Act concerning motor vehicle dealers and supplementing Title 56 of the Revised Statutes. 

 

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

 

      1.   a.  Whenever a motor vehicle dealer takes possession of a motor vehicle from a consumer for the purpose of resale or lease, the motor vehicle dealer shall ¹offer to¹ delete the consumer's personal information ¹[from the motor vehicle's computer system] in the motor vehicle, including, but not limited to, navigation history, paired phones, and garage door codes, by performing data clearing protocols in accordance with the Guidelines for Media Sanitization developed by the National Institute of Standards and Technology using techniques specified by the vehicle manufacturer to overwrite data or by using a menu option to reset the device to original factory settings¹. 

      b.   A motor vehicle dealer who violates the provisions of this section shall be subject to a civil penalty of $500 for a first offense, and $1,000 for any subsequent offense, to be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court shall have jurisdiction ¹[of] over¹ proceedings for the enforcement of the penalty provided by this section. 

      c.   ¹A motor vehicle dealer may charge a reasonable fee for services performed in connection with the requirements of this section.  ²The dealer shall disclose the fee to the consumer prior to performing the service and shall advise the consumer that the consumer may attempt to delete the personal information themselves or through another vendor.²

      d.¹ As used in this section:

      "Motor vehicle" has the same meaning as defined in R.S.39:1-1. 

      "Motor vehicle dealer" means any business that engages in selling or leasing motor vehicles to consumers.

 

     2.    This act shall take effect immediately.